HUMAN RIGHTS IS ISLAM

Chapter One

HUMAN RIGHTS, THE WEST AND ISLAM
Before I discuss the human rights in Islam I would like to explain
a few points about two major approaches to the question of
human rights: the Western and Islamic. This will enable us to
study the issue in its proper perspective and avoid some of the confu-
sion which normally befogs such a discussion.
 

The Western Approach:

    The people in the West have the habit of attributing every good
thing to themselves and try to prove that it is because of them that the
world got this blessing, otherwise the world was steeped in ignorance
and completely unaware of all these benefits. Now let us look at the
question of human rights. It is very loudly and vociferously claimed
that the world got the concept of basic human rights from the Magna
Carta of Britain; though the Magna Carta itself came into existence six
hundred years after the advent of Islam. But the truth of the matter is
that until the seventeenth century no one even knew that the Magna
Carta contained the principles of Trial by Jury; Habeas Corpus, and
the Control of Parliament on the Right of Taxation. If the people who
had drafted the Magna Carta were living today they would have been
greatly surprised if they were told that their document also contained
all these ideals and principles. They had no such intention, nor were
they conscious of all these concepts which are now being attributed to
them.
    As far as my knowledge goes the Westerners had no concept of
human rights and civic rights before the seventeenth century. Even
after the seventeenth century the philosophers and the thinkers on
jurisprudence though presented these ideas, the practical proof and
demonstration of these concepts can only be found at the end of the
eighteenth century in the proclamations and constitutions of America
and France. After this there appeared a reference to the basic human
rights in the constitutions of different countries. But more often the
rights which were given on paper were not actually given to the people
in real life.
    In the middle of the present century, the United Nations,
which can now be more aptly and truly described as the Divided
Nations, made a Universal Declaration of Human Rights, and passed a
resolution against genocide and framed regulations to check it. But as
you all know there is not a single resolution or regulation of the
United Nations which can be enforced. They are just an expression of
a pious hope. They have no sanctions behind them, no force, physical
or moral to enforce them. Despite all the high-sounding ambitious
resolutions of the United Nations, human rights have been violated
and trampled upon at different places, and the United Nations has
been a helpless spectator. She is not in a position to exercise an
effective check on the violation of human rights. Even the heinous
crime of genocide is being perpetrated despite all proclamations of the
United Nations. Right in the neighbouring country of Pakistan,
genocide of the Muslims has been taking place for the last twenty-
eight years, but the United Nations does not have the power and
strength to take any steps against India. No action has even been taken
against any country guilty of this most serious and revolting crime.
 

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, 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 disbelievers."
(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.
Reference:

HUMAN RIGHTS IN ISLAM

by  'Allamah Abu al-'A'la Mawdudi
al Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407

***

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.
 

1. 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)

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:

  Do not kill a soul which Allah has made sacred except through the due
  process of law ... (6:151)

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 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.

2. 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). 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 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).
 

3. 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). 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.2
 

4. 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)

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.
 

5. 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: "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 Slave Trade of Western Nations:

After the occupation of America and the West Indies, for three
hundred and fifty years, traffic in slave trade continued. The African
coasts where the black-skinned captured Africans were brought from
the interior of Africa and put on the ships sailing out from those
ports, came to be known as the Slave Coast. During only one century
(from 1680 to 1786) the total number of free people who were
captured and enslaved only for British Colonies amounts, according to
the estimate of British authors, to 20 million human beings. Over the
period of only one year (1790) we are told that 75,000 human beings
were captured and sent for slave labour in the Colonies. The ships
which were used for transporting the slaves were small and dirty.
These unfortunate Africans were thrust into the holds of these ships
like cattle right up to the top and many of them were chained to the
wooden shelves on which they could hardly move because these were
only eighteen inches apart, kept one on top of the other. They were
not provided with suitable food, and if they fell ill or were injured, no
attempt was made to provide them with medical treatment. The
Western writers themselves state that at least 20% of the total number
of people who were captured for slavery and forced labour perished
during their transportation from the African coast to America. It has
also been estimated that the total number of people who were
captured for slavery by the various European nations during the
heyday of the slave trade comes to at least one hundred million. This
is the record of the people who denounce Muslims day and night for
recognizing the institution of slavery. It is as if a criminal is holding
his finger of blame towards an innocent man.
 

The Position of Slavery in Islam:

Briefly I would like to tell you about the position and nature
of slavery in Islam. Islam tried to solve the problem of the slaves that
were in Arabia by encouraging the people in different ways to set
their slaves free. The Muslims were ordered that in expiation of some
of their sins they should set their slaves free. Freeing a slave by one's
own free will was declared to be an act of great merit, so much so that
it was said that every limb of the man who manumits a slave will be
protected from hell-fire in lieu of the limb of the slave freed by him.
The result of this policy was that by the time the period of the
Rightly-Guided Caliphs was reached, all the old slaves of Arabia were
liberated. The Prophet alone liberated as many as 63 slaves. The
number of slaves freed by 'Aishah was 67, 'Abbas liberated 70, 'Abd
Allah ibn 'Umar liberated one thousand, and 'Abd al-Rahman
purchased thirty thousand and set them free. Similarly other
Companions of the Prophet liberated a large number of slaves, the
details of which are given in the Traditions and books of history of
that period.

Thus the problem of the slaves of Arabia was solved in a short
period of thirty or forty years. After this the only form of slavery
which was left in Islamic society was the prisoners of war, who were
captured on the battlefield. These prisoners of war were retained by
the Muslim Government until their government agreed to receive
them back in exchange for Muslim soldiers captured by them, or
arranged the payment of ransom on their behalf. If the soldiers they
captured were not exchanged with Muslim prisoners of war, or their
people did not pay their ransom money to purchase their liberty, then
the Muslim Government used to distribute them among the soldiers of
the army which had captured them. This was a more humane and
proper way of disposing of them than retaining them like cattle in
concentration camps and taking forced labour from them and, if their
women folk were also captured, setting them aside for prostitution.
In place of such a cruel and outrageous way of disposing of the
prisoners of war, Islam preferred to spread them in the population and
thus brought them in contact with individual human beings. Over and
above, their guardians were ordered to treat them well. The result of
this humane policy was that most of the men who were captured on
foreign battlefields and brought to the Muslim countries as slaves
embraced Islam and their descendants produced great scholars, imams,
jurists, commentators, statesmen and generals of the army. So much
so that later on they became the rulers of the Muslim world. The
solution of this problem which has been proposed in the present age is
that after the cessation of hostilities the prisoners of war of the
combatant countries should be exchanged. Whereas Muslims have been
practising it from the very beginning and whenever the adversary
accepted the exchange of prisoners of war from both sides, it was
implemented without the least hesitation or delay. In modern warfare
we also find that if one government is completely routed leaving her in
no position of bargaining for the prisoners of war and the winning
party gets its prisoners easily, then experience has shown that the
prisoners of war of the vanquished army are kept in conditions which
are much worse than the conditions of slaves. Can anyone tell us what
has been the fate of the thousands of prisoners of war captured by
Russia from the defeated armies of Germany and Japan in the Second
World War? No one has given their account so far. No one knows how
many thousands of them are still alive and how many thousands of
them have perished due to the hardship of the Russian concentration
and labour camps. The forced labour which has been taken from them
is much worse than the service one can exact from slaves. Even perhaps
in the times of ancient Pharaohs of Egypt such harsh labour might not
have been exacted from the slaves in building the pyramids of Egypt, as
has been exacted from the prisoners of war in Russia in developing
Siberia and other backward areas of Russia, or working in coal and
other mines in below zero temperatures, ill-clad, ill-fed and brutally
treated by their supervisors.
 

6. 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). "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). Stressing this
point
the Quran again says: "You who believe stand steadfast before God as
witness for (truth and) fairplay" (4:135). 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.
 

7. Equality of Human Beings

Islam not only recognizes absolute equality between men
irrespective of any distinction of colour, race or nationality, but makes
it an important and significant principle, a reality. The Almighty God
has laid down in the Holy Quran: "O mankind, we have created you
from a male and female." In other words all human beings are brothers
to one another. They all are the descendants from one father and one
mother. "And we set you up as nations and tribes so that you may be
able to recognize each other" (49:13). This means that the division of
human beings into nations, races, groups and tribes is for the sake of
distinction, so that people of one race or tribe may meet and be
acquainted with the people belonging to another race or tribe and
cooperate with one another. This division of the human race is neither
meant for one nation to take pride in its superiority over others nor is it
meant for one nation to treat another with contempt or disgrace, or
regard them as a mean and degraded race and usurp their rights.
"Indeed, the noblest among you before God are the most heedful of
you" (49:13). In other words the superiority of one man over another
is only on the basis of God-consciousness, purity of character and high
morals, and not on the basis of colour, race, language or nationality,
and even this superiority based on piety and pure conduct does not
justify that such people should play lord or assume airs of superiority
over other human beings. Assuming airs of superiority is in itself a
reprehensible vice which no God-fearing and pious man can ever dream
of perpetrating. Nor does the righteous have more privileged rights over
others, because this runs counter to human equality, which has been
laid down in the beginning of this verse as a general principle. From the
moral point of view, goodness and virtue is in all cases better than vice
and evil.

This has been exemplified by the Prophet in one of his sayings thus:
"No Arab has any superiority over a non-Arab, nor does a non-Arab
have any superiority over an Arab. Nor does a white man have any
superiority over a black man, or the black man any superiority over the
white man. You are all the children of Adam, and Adam was created
from clay" (al-Bayhaqi and al-Bazzaz). In this manner Islam established
equality for the entire human race and struck at the very root of all
distinctions based on colour, race, language or nationality. According to
Islam,God has given man this right of equality as a birthright. Therefore
no man should be discriminated against on the ground of the colour of
his skin, his place of birth, the race or the nation in which he was born.
Malcolm X, the famous leader of African Negroes in America, who had
launched a bitter struggle against the white people of America in order
to win civil rights for his black compatriots, when he went to perform
the pilgrimage, and saw how the Muslims of Asia, Africa, Europe,
America and those of different races, languages and colours of skin,
were wearing one dress and were hurrying towards God's House-the
Ka'bah and offering prayers standing in one row and there was no
distinction of any kind between them, then he realized that this was the
solution to the problem of colour and race, and not what he had been
trying to seek or achieve in America so far. Today, a number of non-
Muslim thinkers, who are free from blind prejudice, openly admit that
no other religion or way of life has solved this problem with the same
degree of success with which Islam has done so.
 

8. The Right to Co-operate and Not to Co-operate

Islam has prescribed a general principle of paramount importance
and universal application saying: "Co-operate with one another for
virtue and heedfulness and do not co-operate with one another for the
purpose of vice and aggression" (5:2). This means that the man who
undertakes a noble and righteous work, irrespective of the fact whether
he is living at the North Pole or the South Pole, has the right to expect
support and active co-operation from the Muslims. On the contrary he
who perpetrates deeds of vice and aggression, even if he is our closest
relation or neighbour, does not have the right to win our support and
help in the name of race, country, language or nationality, nor should
he have the expectation that Muslims will co-operate with him or
support him. Nor is it permissible for Muslims to co-operate with him.
The wicked and vicious person may be our own brother, but he is not
of us, and he can have no help or support from us as long as he does not
repent and reform his ways. On the other hand the man who is doing
deeds of virtue and righteousness may have no kinship with Muslims,
but Muslims will be his companions and supporters or at least his well-
wishers.

Reference:

HUMAN RIGHTS IN ISLAM

by  'Allamah Abu al-'A'la Mawdudi

al Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407

***

CHAPTER THREE

RIGHTS OF CITIZENS IN AN ISLAMIC STATE

We have discussed the human rights in general. Now we would like

to take up the question of rights of the citizens in an Islamic State. As

these rights are more extensive than the general human rights which

have been described earlier, they need separate treatment.

 

1. The Security of Life and Property

In the address which the Prophet delivered on the occasion of the

Farewell Hajj, he said: "Your lives and properties are forbidden to one

another till you meet your Lord on the Day of Resurrection." God

Almighty has laid down in the Holy Quran: "Anyone who kills a

believer deliberately will receive as his reward (a sentence) to live in

Hell for ever. God will be angry with him and curse him, and prepare

dreadful torment for him" (4:93). The Prophet has also said about the

dhimmis (the non-Muslim citizens of the Muslim State): "One who kills

a man under covenant (i.e. a dhimmi) will not even smell the fragrance

of Paradise" (al-Bukhari and Abu Dawud). Islam prohibits homicide but

allows only one exception, that the killing is done in the due process of

law which the Quran refers to as bi al-haqq (with the truth). Therefore

a man can be killed only when the law demands it, and it is obvious

that only a court of law can decide whether the execution is being

carried out with justice or without justification. In case of war or

insurrection a just and righteous government alone, which follows the

Shari'ah or the Islamic Law, can decide whether a war is just or unjust,

whether taking of a life is justified or not; and whether a person is a

rebel or not and who can be sentenced to death as a punishment. These

weighty decisions cannot be left in the hands of a court which has

become heedless to God and is under the influence of the administra-

tion. A judiciary like this may miscarry justice. Nor can the crimes of

state be justified on the authority of the Holy Quran or Traditions

(hadith) when the state murders its citizens openly and secretly without

any hesitation or on the slightest pretext, because they are opposed to

its unjust policies and actions or criticize it for its misdeed, and also

provides protection to its hired assassins who have been guilty of the

heinous crime of murder of an innocent person resulting in the fact,

that neither the police take any action against such criminals nor can

any proof or witnesses against these criminals be produced in the courts

of law. The very existence of such a government is a crime and none of

the killings carried out by them can be called "execution for the sake of

justice" in the phraseology of the Holy Quran.
Along with security of life, Islam has with equal clarity and

definiteness conferred the right of security of ownership of property, as

mentioned earlier with reference to the address of the Farewell Hajj. On

the other hand, the Holy Quran goes so far as to declare that the taking

of people's possessions or property is completely prohibited unless they

are acquired by lawful means as permitted in the Laws of God. The

Law of God categorically declares "Do not devour one another's wealth

by false and illegal means" (2:188).

 

2. The Protection of Honour

The second important right is the right of the citizens to the

protection of their honour. In the address delivered on the occasion of

the Farewell Hajj, to which I have referred earlier, the Prophet did not

only prohibit the life and property of the Muslims to one another, but

also any encroachment upon their honour, respect and chastity were

forbidden to one another. The Holy Quran clearly lays down:
(a) "You who believe, do not let one (set of) people make fun of

     another set.

(b) Do not defame one another.

(c) Do not insult by using nicknames.

(d) And do not backbite or speak ill of one another" (49:11-12).
This is the law of Islam for the protection of honour which is

indeed much superior to and better than the Western Law of Defama-

tion. According to the Islamic Law if it is proved that someone has

attacked the honour of another person, then irrespective of the fact

whether or not the victim is able to prove himself a respectable and

honourable person the culprit will in any case get his due punishment.

But the interesting fact about the Western Law of Defamation is that

the person who files suit for defamation has first to prove that he is a

man of honour and public esteem and during the interrogation he is

subjected to the scurrilous attacks, accusations and innuendoes of the

defence council to such an extent that he earns more disgrace than the

attack on his reputation against which he had knocked the door of the

court of law. On top of it he has also to produce such witnesses as

would testify in the court that due to the defamatory accusations of

the culprit, the accused stands disgraced in their eyes. Good Gracious!

what a subtle point of law, and what an adherence to the spirit of Law!

How can this unfair and unjust law be compared to the Divine law?

Islam declared blasphemy as a crime irrespective of the fact whether the

accused is a man of honour or not, and whether the words used for

blasphemy have actually disgraced the victim and harmed his reputation

in the eyes of the public or not. According to the Islamic Law the mere

proof of the fact that the accused said things which according to

common sense could have damaged the reputation and honour of the

plaintiff, is enough for the accused to be declared guilty of defamation.

 

3. The Sanctity and Security of Private Life

Islam recognizes the right of every citizen of its state that there

should be no undue interference or encroachment on the privacy of his

life. The Holy Quran has laid down the injunction: "Do not spy on

one another" (49:12). "Do not enter any houses except your own

homes unless you are sure of their occupants' consent" (24:27). The

Prophet has gone to the extent of instructing his followers that a man

should not enter even his own house suddenly or surreptitiously. He

should somehow or other inform or indicate to the dwellers of the

house that he is entering the house, so that he may not see his mother,

sister or daughter in a condition in which they would not like to be

seen, nor would he himself like to see them in that condition. Peering

into the houses of other people has also been strictly prohibited, so

much so that there is the saying of the Prophet that if a man finds

another person secretly peering into his house, and he blinds his eye or

eyes as a punishment then he cannot be called to question nor will he

be liable to prosecution. The Prophet has even prohibited people from

reading the letters of others, so much so that if a man is reading his

letter and another man casts sidelong glances at it and tries to read it,

his conduct becomes reprehensible. This is the sanctity of privacy that

Islam grants to individuals. On the other hand in the modern civilized

world we find that not only the letters of other people are read and

their correspondence censored, but even their photostat copies are

retained for future use or blackmail. Even bugging devices are secretly

fixed in the houses of the people so that one can hear and tape from a

distance the conversation taking place behind closed doors. In other

words it means that there is no such thing as privacy and to all practical

purposes the private life of an individual does not exist.
This espionage on the life of the individual cannot be justified on

moral grounds by the government saying that it is necessary to know

the secrets of the dangerous persons. Though, to all intents and

purposes, the basis of this policy is the fear and suspicion with which

modern governments look at their citizens who are intelligent and

dissatisfied with the official policies of the government. This is exactly

what Islam has called as the root cause of mischief in politics. The

injunction of the Prophet is: "When the ruler begins to search for the

causes of dissatisfaction amongst his people, he spoils them" (Abu

Dawud). The Amir Mu'awiyah has said that he himself heard the

Prophet saying: "If you try to find out the secrets of the people, then

you will definitely spoil them or at least you will bring them to the

verge of ruin." The meaning of the phrase 'spoil them' is that when

spies (C.I.D. or F.B.I.agents) are spread all around the country to find

out the affairs of men, then the people begin to look at one another with

suspicion, so much so that people are afraid of talking freely in their

houses lest some word should escape from the lips of their wives and

children which may put them in embarrassing situations. In this manner

it becomes difficult for a common citizen to speak freely, even in his

own house and society begins to suffer from a state of general distrust

and suspicion.

 

4. The Security of Personal Freedom

Islam has also laid down the principle that no citizen can be

imprisoned unless his guilt has been proved in an open court. To arrest

a man only on the basis of suspicion and to throw him into a prison

without proper court proceedings and without providing him a reason-

able opportunity to produce his defence is not permissible in Islam. It is

related in the hadith that once the Prophet was delivering a lecture in

the mosque, when a man rose during the lecture and said: "O Prophet

of God, for what crime have my neighbours been arrested?" The

Prophet heard the question and continued his speech. The man rose

once again and repeated the same question. The Prophet again did not

answer and continued his speech. The man rose for a third time and

repeated the same question. Then the Prophet ordered that the man's

neighbours be released. The reason why the Prophet had kept quiet

when the question was repeated twice earlier was that the police officer

was present in the mosque and if there were proper reasons for the

arrest of the neighbours of this man, he would have got up to explain

his position. Since the police officer gave no reasons for these arrests

the Prophet ordered that the arrested persons should be released. The

police officer was aware of the Islamic law and therefore he did not

get up to say: "the administration is aware of the charges against the

arrested men, but they cannot be disclosed in public. If the Prophet

would inquire about their guilt in camera I would enlighten him." If

the police officer had made such a statement, he would have been dis-

missed then and there. The fact that the police officer did not give any

reasons for the arrests in the open court was sufficient reason for the

Prophet to give immediate orders for the release of the arrested men.

The injunction of the Holy Quran is very clear on this point. "When-

ever you judge between people, you should judge with (a sense of)

justice" (4:58). And the Prophet has also been asked by God: "I have

been ordered to dispense justice between you." This was the reason

why the Caliph 'Umar said: "In Islam no one can be imprisoned except

in pursuance of justice." The words used here clearly indicate that

justice means due process of law. What has been prohibited and

condemned is that a man be arrested and imprisoned without proof of

his guilt in an open court and without providing him an opportunity

to defend himself against those charges. If the Government suspects

that a particular individual has committed a crime or he is likely to

commit an offence in the near future then they should give reasons for

their suspicion before a court of law and the culprit or the suspect

should be allowed to produce his defence in an open court, so that the

court may decide whether the suspicion against him is based on sound

grounds or not and if there is good reason for suspicion, then he should

be informed of how long he will be in preventive detention. This

decision should be taken under all circumstances in an open court, so

that the public may hear the charges brought by the government, as

well as the defence made by the accused and see that the due process of

law is being applied to him and he is not being victimized.
The correct method of dealing with such cases in Islam is

exemplified in the famous decision of the Prophet which took place

before the conquest of Makkah. The Prophet was making preparations

for the attack on Makkah, when one of his Companions, Hatib ibn Abi

Balta'ah sent a letter through a woman to the authorities in Makkah

informing them about the impending attack. The Prophet came to

know of this through a Divine inspiration. He ordered 'Ali and Zubayr:

"Go quickly on the route to Makkah, at such and such a place, you will

find a woman carrying a letter. Recover the letter from her and bring it

to me." So they went and found the woman exactly where the Prophet

had said. They recovered the letter from her and brought it to the

Prophet. This was indeed a clear case of treachery. To inform the

enemy about a secret of an army and that too at the time of a war is a

very serious offence tantamount to treachery. In fact one cannot think

of a more serious crime during war than giving out a military secret to

one's enemy. What could have been a more suitable case for a secret

hearing; a military secret had been betrayed and common sense

demanded that he should be tried in camera. But the Prophet

summoned Hatib to the open court of the Mosque of the Prophet and

in the presence of hundreds of people asked him to explain his position

with regard to his letter addressed to the leaders of Quraysh which had

been intercepted on its way. The accused said: "O God's Messenger

(may God's blessings be on you) I have not revolted against Islam, nor

have I done this with the intention of betraying a military secret. The

truth of the matter is that my wife and children are living in Makkah

and I do not have my tribe to protect them there. I had written this

letter so that the leaders of Quraysh may be indebted to me and may

protect my wife and children out of gratitude." 'Umar rose and respect-

fully submitted: "O Prophet, please permit me to put this traitor to the

sword." The Prophet replied: "He is one of those people who had

participated in the Battle of Badr, and the explanation he has

advanced in his defence would seem to be correct."
Let us look at this decision of the Prophet in perspective. It was a

clear case of treachery and betrayal of military secrets. But the Prophet

acquitted Hatib on two counts. Firstly, that his past records were very

clean and showed that he could not have betrayed the cause of Islam,

since on the occasion of the Battle of Badr when there were heavy odds

against the Muslims, he had risked his life for them. Secondly, his

family was in fact in danger at Makkah. Therefore, if he had shown

some human weakness for his children and written this letter, then this

punishment was quite sufficient for him that his secret offence was

divulged in public and he had been disgraced and humiliated in the eyes

of the believers. God has referred to this offence of Hatib in the Holy

Quran but did not propose any punishment for him except rebuke

and admonition.
The attitude and activities of the Kharijis in the days of the

Caliph 'Ali are well-known to the students of Muslim history. They

used to abuse the Caliph openly, and threaten him with murder. But

whenever they were arrested for these offences, 'Ali would set them

free and tell his officers "As long as they do not actually perpetrate

offences against the State, the mere use of abusive language or the

threat of use of force are not such offences for which they can be

imprisoned." The imam Abu Hanifah has recorded the following saying

of the Caliph 'Ali (A): "As long as they do not set out on armed

rebellion, the Caliph of the Faithful will not interfere with them." On

another occasion 'Ali was delivering a lecture in the mosque when the

Kharijis raised their special slogan there. 'Ali said: "We will not deny

you the right to come to the mosques to worship God, nor will we stop

to give your share from the wealth of the State, as long as you are with

us (and support us in our wars with the unbelievers) and we shall never

take military action against you as long as you do not fight with us."

One can visualize the opposition which 'Ali was facing; more violent

and vituperative opposition cannot even be imagined in a present-day

democratic State; but the freedom that he had allowed to the opposi-

tion was such that no government has ever been able to give to its

opposition. He did not arrest even those who threatened him with

murder nor did he imprison them.

5. The Right to Protest Against Tyranny

Amongst the rights that Islam has conferred on human beings is

the right to protest against government's tyranny. Referring to it the

Quran says: "God does not love evil talk in public unless it is by some-

one who has been injured thereby" (4:148). This means that God

strongly disapproves of abusive language or strong words of condemna-

tion, but the person who has been the victim of injustice or tyranny,

God gives him the right to openly protest against the injury that has

been done to him. This right is not limited only to individuals. The

words of the verse are general. Therefore if an individual or a group of

people or a party usurps power, and after assuming the reins of

authority begins to tyrannize individuals or groups of men or the entire

population of the country, then to raise the voice of protest against it

openly is the God-given right of man and no one has the authority to

usurp or deny this right. If anyone tries to usurp this right of citizens

then he rebels against God. The talisman of Section 1444 may protect

such a tyrant in this world, but it cannot save him from the hell-fire in

the Hereafter.

6. Freedom of Expression

Islam gives the right of freedom of thought and expression to all

citizens of the Islamic State on the condition that it should be used

for the propagation of virtue and truth and not for spreading evil and

wickedness. This Islamic concept of freedom of expression is much

superior to the concept prevalent in the West. Under no circumstances

would Islam allow evil and wickedness to be propagated. It also does

not give anybody the right to use abusive or offensive language in the

name of criticism. The right to freedom of expression for the sake of

propagating virtue and righteousness is not only a right in Islam but an

obligation. One who tries to deny this right to his people is openly at

war with God, the All-Powerful. And the same thing applies to the

attempt to stop people from evil. Whether this evil is perpetrated by an

individual or by a group of people or the government of one's own

country, or the government of some other country; it is the right of a

Muslim and it is also his obligation that he should warn and reprimand

the evil-doer and try to stop him from doing it. Over and above, he

should openly and publicly condemn it and show the course of

righteousness which that individual, nation or government should

adopt.
The Holy Quran has described this quality of the Faithful in the

following words: "They enjoin what is proper and forbid what is

improper" (9:71). In contrast, describing the qualities of a hypocrite,

the Quran mentions: "They bid what is improper and forbid what is

proper" (9:67). The main purpose of an Islamic Government has been

defined by God in the Quran as follows: "If we give authority to these

men on earth they will keep up prayers, and offer poor-due, bid what

is proper and forbid what is improper" (22:41). The Prophet has said:

"If any one of you comes across an evil, he should try to stop it with

his hand (using force), if he is not in a position to stop it with his hand

then he should try to stop it by means of his tongue (meaning he

should speak against it). If he is not even able to use his tongue then he

should at least condemn it in his heart. This is the weakest degree of

faith" (Muslim). This obligation of inviting people to righteousness and

forbidding them to adopt the paths of evil is incumbent on all true

Muslims. If any government deprives its citizens of this right, and

prevents them from performing this duty, then it is in direct conflict

with the injunction of God. The government is not in conflict with its

people, but is in conflict with God. In this way it is at war with God

and is trying to usurp that right of its people which God has conferred

not only as a right but as an obligation. As far as the government which

itself propagates evil, wickedness and obscenity and interferes with

those who are inviting people to virtue and righteousness is concerned,

according to the Holy Quran it is the government of the hypocrites.

7. Freedom of Association

Islam has also given people the right to freedom of association and

formation of parties or organizations. This right is also subject to

certain general rules. It should be exercised for propagating virtue and

righteousness and should never be used for spreading evil and mischief.

We have not only been given this right for spreading righteousness and

virtue, but have been ordered to exercise this right. Addressing the

Muslims, the Holy Quran declares:
  You are the best community which has been brought forth for mankind.

  You command what is proper and forbid what is improper and you believe

  in God ... (3:110)
This means that it is the obligation and duty of the entire Muslim

community that it should invite and enjoin people to righteousness and

virtue and forbid them from doing evil. If the entire Muslim community

is not able to perform this duty then "let there be a community among

you who will invite (people) to (do) good, command what is proper and

forbid what is improper, those will be prosperous" (3:104). This clearly

indicates that if the entire Muslim nation collectively begins to neglect

its obligation to invite people to goodness and forbid them from doing

evil then it is absolutely essential that it should contain at least a

group

of people which may perform this obligation. As has been said before

this is not only a right but an obligation and on the fulfilment of which

depends success and prosperity here as well as in the Hereafter. It is an

irony with the religion of God that in a Muslim country the assembly

and association that is formed for the purposes of spreading evil and

mischief should have the right to rule over the country and the

association and party which has been formed for propagating righteous-

ness and virtue should live in perpetual fear of harassment and of being

declared illegal. Conditions here are just the reverse of what has been

prescribed by God. The claim is that we are Muslims and this is an

Islamic State5 but the work that is being done is directed to spreading

evil, to corrupt and morally degrade and debase the people while there

is an active and effective check on the work being carried out for

reforming society and inviting people to righteousness. Moreover the

life of those who are engaged in spreading righteousness and checking

the spread of evil and wickedness is made intolerable and hard to bear.

 

8. Freedom of Conscience and Conviction

Islam also gives the right to freedom of conscience and conviction

to its citizens in an Islamic State. The Holy Quran has laid down the

injunction: "There should be no coercion in the matter of faith"

(2:256). Though there is no truth and virtue greater than the religion of

Truth-Islam, and Muslims are enjoined to invite people to embrace

Islam and advance arguments in favour of it, they are not asked to

enforce this faith on them. No force will be applied in order to compel

them to accept Islam. Whoever accepts it he does so by his own choice.

Muslims will welcome such a convert to Islam with open arms and

admit him to their community with equal rights and privileges. But if

somebody does not accept Islam, Muslims will have to recognize and

respect his decision, and no moral, social or political pressure will be

put on him to change his mind.

 

9. Protection of Religious Sentiments

Along with the freedom of conviction and freedom of conscience,

Islam has given the right to the individual that his religious sentiments

will be given due respect and nothing will be said or done which may

encroach upon this right. It has been ordained by God in the Holy

Quran: "Do not abuse those they appeal to instead of God" (6:108).

These instructions are not only limited to idols and deities, but they

also apply to the leaders or national heroes of the people. If a group of

people holds a conviction which according to you is wrong, and holds

certain persons in high esteem which according to you is not deserved

by them, then it will not be justified in Islam that you use abusive

language for them and thus injure their feelings. Islam does not prohibit

people from holding debate and discussion on religious matters, but it

wants that these discussions should be conducted in decency. "Do not

argue with the people of the Book unless it is in the politest manner"

(29:46)-says the Quran. This order is not merely limited to the people

of the Scriptures, but applies with equal force to those following other

faiths.

10. Protection from Arbitrary Imprisonment

Islam also recognizes the right of the individual that he will not be

arrested or imprisoned for the offences of others. The Holy Quran has

laid down this principle clearly: "No bearer of burdens shall be made to

bear the burden of another" (6:164). Islam believes in personal

responsibility. We ourselves are responsible for our acts, and the

consequence of our actions cannot be transferred to someone else. In

other words this means that every man is responsible for his actions. If

another man has not shared this action then he cannot be held

responsible for it, nor can he be arrested. It is a matter of great regret

and shame that we are seeing this just and equitable principle which has

not been framed by any human being, but by the Creator and Nourish-

er of the entire universe, being flouted and violated before our eyes. So

much so that a man is guilty of a crime or he is a suspect, but his wife

being arrested for his crime. Things have gone so far that innocent

people are being punished for the crimes of others. To give a recent

example, in Karachi (Pakistan), a man was suspected of being involved

in a bomb throwing incident. In the course of police investigation he

was subjected to horrible torture in order to extract a confession from

him. When he insisted on his innocence, then the police arrested his

mother, his wife, daughter and sister and brought them to the police

station. They were all stripped naked in his presence and he was

stripped naked of all his clothes before their eyes so that a confession

of the crime could be extracted from him. It appears as if for the sake

of investigation of crime it has become proper and legal in our country

to strip the innocent women folk of the household in order to bring

pressure on the suspect. This is indeed very outrageous and shameful.

This is the height of meanness and depravity. This is not a mere hearsay

which I am repeating here, but I have full information about this case

and can prove my allegations in any court of law. I would here like to

ask what right such tyrants who perpetrate these crimes against

mankind have to tell us that they are Muslims or that they are conduct-

ing the affairs of the state according to the teachings of Islam and their

state is an Islamic State. They are breaching and flouting a clear law of

the Holy Quran. They are stripping men and women naked which is

strictly forbidden in Islam. They disgrace and humiliate humanity and

then they claim that they are Muslims.

 

11. The Right to Basic Necessities of Life

Islam has recognized the right of the needy people that help and

assistance will be provided for them. "And in their wealth there is

acknowledged right for the needy and the destitute" (51:19). In this

verse, the Quran has not only conferred a right on every man who asks

for assistance in the wealth of the Muslims, but has also laid down that

if a Muslim comes to know that a certain man is without the basic

necessities of life, then irrespective of the fact whether he asks for

assistance or not, it is his duty to reach him and give all the help that

he

can extend. For this purpose Islam has not depended only on the help

and charity that is given voluntarily, but has made compulsory charity,

zakat as the third pillar of Islam, next only to profession of faith and

worship of God through holding regular prayers. The Prophet has

clearly instructed in this respect that: "It will be taken from their rich

and given to those in the community in need" (al-Bukhari and Muslim).

In addition to this, it has also been declared that the Islamic State

should support those who have nobody to support them. The Prophet

has said: "The Head of state is the guardian of him, who has nobody to

support him" (Abu Dawud, al-Tirmidhi). The word wali which has been

used by the Prophet is a very comprehensive word and has a wide range

of meanings. If there is an orphan or an aged man, if there is a crippled

or unemployed person, if one is invalid or poor and has no one else to

support him or help him, then it is the duty and the responsibility of

the state to support and assist him. If a dead man has no guardian or

heir, then it is the duty of the state to arrange for his proper burial. In

short the state has been entrusted with the duty and responsibility of

looking after all those who need help and assistance. A truly Islamic

State is therefore a truly welfare state which will be the guardian and

protector of all those in need.

 

12. Equality Before Law

Islam gives its citizens the right to absolute and complete equality

in the eyes of the law. As far as the Muslims are concerned, there are

clear instructions in the Holy Quran and hadith that in their rights and

obligations they are all equal: "The believers are brothers (to each

other)" (49:10). "If they (disbelievers) repent and keep up prayer and

pay the Ipoor-due, they are your brothers in faith" (9:11). The

Prophet has said that: "The life and blood of Muslims are equally

precious" (Abu Dawud; Ibn Majjah). In another hadith he has said:

"The protection given by all Muslims is equal. Even an ordinary man

of them can grant protection to any man" (al-Bukhari; Muslim; Abu

Dawud). In another more detailed Tradition of the Prophet, it has been

said that those who accept the Oneness of God, believe in the Prophet-

hood of His Messenger, give up primitive prejudices and join the Muslim

community and brotherhood, "then they have the same rights and

obligations as other Muslims have" (al-Bukhari; al-Nisa'i). Thus there is

absolute equality between the new converts to Islam and the old

followers of the Faith.
This religious brotherhood and the uniformity of their rights and

obligations is the foundation of equality in Islamic society, in which the

rights and obligations of any person are neither greater nor lesser in any

way than the rights and obligations of other people. As far as the non-

Muslim citizens of the Islamic State are concerned, the rule of Islamic

Shari'ah (law) about them has been very well expressed by the Caliph

'Ali in these words: "They have accepted our protection only because

their lives may be like our lives and their properties like our properties"

(Abu Dawud). In other words, their (of the dhimmis) lives and

properties are as sacred as the lives and properties of the Muslims.

Discrimination of people into different classes was one of the greatest

crimes that, according to the Quran, Pharaoh used to indulge in: "He

had divided his people into different classes," ... "And he suppressed

one group of them (at the cost of others)" (28:4).

13. Rulers Not Above the Law

Islam clearly insists and demands that all officials of the Islamic

State, whether he be the head or an ordinary employee, are equal in

the eyes of the law. None of them is above the law or can claim

immunity. Even an ordinary citizen in Islam has the right to put

forward a claim or file a legal complaint against the highest executive of

the country. The Caliph 'Umar said, "I have myself seen the Prophet,

may God's blessings be on him, taking revenge against himself

(penalizing himself for some shortcoming or failing)." On the occasion

of the Battle of Badr, when the Prophet was straightening the rows of

the Muslim army he hit the belly of a soldier in an attempt to push him

back in line. The soldier complained "O Prophet, you have hurt me

with your stick." The Prophet immediately bared his belly and said: "I

am very sorry, you can revenge by doing the same to me." The soldier

came forward and kissed the abdomen of the Prophet and said that this

was all that he wanted.
A woman belonging to a high and noble family was arrested in

connection with a theft. The case was brought to the Prophet, and

it was recommended that she may be spared the punishment of theft.

The Prophet replied: "The nations that lived before you were destroyed

by God because they punished the common men for their offences and

let their dignitaries go unpunished for their crimes; I swear by Him

(God) who holds my life in His hand that even if Fatimah, the daughter

of Muhammad, has committed this crime then I would have amputated

her hand." During the caliphate of 'Umar, Muhammad the son of 'Amr

ibn al-'As the Governor of Egypt, whipped an Egyptian. The Egyptian

went to Medina and lodged his complaint with the Righteous Caliph,

who immediately summoned the Governor and his son to Medina.

When they appeared before him in Medina, the Caliph handed a whip to

the Egyptian complainant and asked him to whip the son of the

Governor in his presence. After taking his revenge when the Egyptian

was about to hand over the whip to 'Umar, he said to the Egyptian:

"Give one stroke of the whip to the Honourable Governor as well. His

son would certainly have not beaten you were it not for the false pride

that he had in his father's high office." The plaintiff submitted: "The

person who had beaten me, I have already avenged myself on him."

'Umar said: "By God, if you had beaten him (the Governor) I would

not have checked you from doing so. You have spared him of your own

free will." Then he ('Umar) angrily turned to 'Amr ibn al-'As and said:

"O 'Amr, when did you start to enslave the people, though they were

born free of their mothers?" When the Islamic State was flourishing in

its pristine glory and splendour, the common people could equally

lodge complaints against the caliph of the time in the court and the

caliph had to appear before the qadi to answer the charges. And if the

caliph had any complaint against any citizen, he could not use his

administrative powers and authority to set the matter right, but had to

refer the case to the court of law for proper adjudication.

14. The Right to Avoid Sin

Islam also confers this right on every citizen that he will not be

ordered to commit a sin, a crime or an offence; and if any govern-

ment, or the administrator, or the head of department orders an

individual to do a wrong, then he has the right to refuse to comply with

the order. His refusal to carry out such crime or unjust instructions

would not be regarded as an offence in the eyes of the Islamic law. On

the contrary giving orders to one's subordinates to commit a sin or do a

wrong is itself an offence and such a serious offence that the officer

who gives this sinful order whatever his rank and position may be, is

liable to be summarily dismissed. These clear instructions of the Prophet

are summarized in the following hadith: "It is not permissible to dis-

obey God in obedience to the orders of any human being" (Musnad of

Ibn Hanbal). In other words, no one has the right to order his

subordinates to do anything against the laws of God. If such an order

is given, the subordinate has the right to ignore it or openly refuse to

carry out such instructions. According to this rule no offender will be

able to prove his innocence or escape punishment by saying that this

offence was committed on the orders of the government or superior

officers. If such a situation arises then the person who commits the

offence and the person who orders that such an offence be committed,

will both be liable to face criminal proceedings against them. And if an

officer takes any improper and unjust measures against a subordinate

who refuses to carry out illegal orders, then the subordinate has the

right to go to the court of law for the protection of his rights, and he

can demand that the officer be punished for his wrong or unjust orders.

15. The Right to Participate in the Affairs of State

According to Islam, governments in this world are actually

representatives (khulafa') of the Creator of the universe, and this

responsibility is not entrusted to any individual or family or a particular

class or group of people but to the entire Muslim nation. The Holy

Quran says: "God has promised to appoint those of you who believe

and do good deeds as (His) representatives on earth" (24:55). This

clearly indicates that khilafah is a collective gift of God in which the

right of every individual Muslim is neither more nor less than the right

of any other person. The correct method recommended by the Holy

Quran for running the affairs of the state is as follows: "And their

business is (conducted) through consultation among themselves"

(42:38). According to this principle it is the right of every Muslim that

either he should have a direct say in the affairs of the state or a

representative chosen by him and other Muslims should participate in

the consultation of the state. Islam, under no circumstance, permits or

tolerates that an individual or a group or party of individuals may

deprive the common Muslims of their rights, and usurp powers of the

state. Similarly, Islam does not regard it right and proper that an

individual may put up a false show of setting up a legislative assembly

and by means of underhand tactics such as fraud, persecution, bribery,

etc., gets himself and men of his choice elected in the assembly. This is

not only a treachery against the people whose rights are usurped by

illegal and unfair means, but against the Creator Who has entrusted the

Muslims to rule on this earth on His behalf, and has prescribed the pro-

cedure of an assembly for exercising these powers. The shura or the

legislative assembly has no other meaning except that:
(1) The executive head of the government and the members of the

    assembly should be elected by free and independent choice of the

    people.
(2) The people and their representatives should have the right to

    criticize and freely express their opinions.

(3) The real conditions of the country should be brought before

    the people without suppressing any fact so that they may be able to

    form their opinion about whether the government is working properly

    or not.

(4) There should be adequate guarantee that only those people

    who have the support of the masses should rule over the country and

    those who fail to win this support should be removed from their

    position of authority.
Reference:

HUMAN RIGHTS IN ISLAM

by  'Allamah Abu al-'A'la Mawdudi

al Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407

  ***

CHAPTER FOUR

RIGHTS OF ENEMIES AT WAR

After dealing with the rights of the citizens of an Islamic State, I

would like to briefly discuss the rights which Islam has conferred on its

enemies. In the days when Islam came into focus the world was

completely unaware of the concept of humane and decent rules of war.

The West became conscious of this concept for the first time through

the works of the seventeenth century thinker, Grotius. But the actual

codification of the 'international law' in war began in the middle of the

nineteenth century. Prior to this no concept of civilized behaviour in

war was found in the West. All forms of barbarity and savagery were

perpetrated in war, and the rights of those at war were not even

recognized, let alone respected. The laws which were framed in this

field during the nineteenth century or over the following period up to

the present day, cannot be called 'laws' in the real sense of the word.

They are only in the nature of conventions and agreements and calling

them 'international law' is actually a kind of misnomer, because no

nation regards them binding when they are at war, unless, of course,

when the adversaries also agree to abide by them. In other words, these

civilized laws imply that if our enemies respect them then we shall also

abide by them, and if they ignore these human conventions and take

recourse to barbaric and cruel ways of waging war, then we shall also

adopt the same or similar techniques. It is obvious that such a course

which depends on mutual acceptance and agreement cannot be called

'law'. And this is the reason why the provisions of this so-called 'inter-

national law' have been flouted and ignored in every way, and every

time they have been revised, additions or deletions have been made in

them.

Law of War and Peace in Islam:

The rules which have been framed by Islam to make war civilized

and humane, are in the nature of law, because they are the injunctions

of God and His Prophet which are followed by Muslims in all circum-

stances, irrespective of the behaviour of the enemy. It is now for the

scholars to find out how far the West has availed of the laws of war

given by Islam thirteen hundred years ago; and even after the adapta-

tion of some of the laws of Islam how far the West attained those

heights of civilized and humane methods of warfare which Muslims

reached through the blessings of Islam. Western writers have often

asserted that the Prophet had borrowed everything in his teachings

from the Jews and the Christians. Instead of saying anything in its

refutation I will only recommend the reader to refer to the Bible6 so

that he can see which methods of war are recommended by the sacred

Book of these Western claimants to civilization and culture.
We have examined in some detail the basic human rights that Islam

has conferred on man. Let us now find out what rights and obligations

Islam recognizes for an enemy.

The Rights of the Non-Combatants:

Islam has first drawn a clear line of distinction between the

combatants and the non-combatants of the enemy country. As far as

the non-combatant population is concerned such as women, children,

the old and the infirm, etc., the instructions of the Prophet are as

follows: "Do not kill any old person, any child or any woman" (Abu

Dawud). "Do not kill the monks in monasteries" or "Do not kill the

people who are sitting in places of worship" (Musnad of Ibn Hanbal).
During a war, the Prophet saw the corpse of a woman lying on the

ground and observed: "She was not fighting. How then she came to be

killed?" From this statement of the Prophet the exegetists and jurists

have drawn the principle that those who are non-combatants should not

be killed during or after the war.

The Rights of the Combatants:

Now let us see what rights Islam has conferred on the combatants.

 

1. Torture with Fire

In the hadith there is a saying of the Prophet that: "Punishment by

fire does not behove anyone except the Master of the Fire" (Abu

Dawud). The injunction deduced from this saying is that the adversary

should not be burnt alive.

2. Protection of the Wounded

"Do not attack a wounded person"-thus said the Prophet. This

means that the wounded soldiers who are not fit to fight, nor actually

fighting, should not be attacked.

3. The Prisoner of War Should not be Slain

"No prisoner should be put to the sword"-a very clear and

unequivocal instruction given by the Prophet (S).

 

4. No one Should be Tied to be Killed

"The Prophet has prohibited the killing of anyone who is tied or

is in captivity."

 

5. No Looting and Destruction in the Enemy's Country

Muslims have also been instructed by the Prophet that if they

should enter the enemy's territory, they should not indulge in pillage or

plunder nor destroy the residential areas, nor touch the property of

anyone except those who are fighting with them. It has been narrated

in the hadith: "The Prophet has prohibited the believers from loot and

plunder" (al-Bukhari; Abu Dawud). His injunction is: "The loot is no

more lawful than the carrion" (Abu Dawud). Abu Bakr al-Siddiq used

to instruct the soldiers while sending them to war, "Do not destroy the

villages and towns, do not spoil the cultivated fields and gardens, and

do not slaughter the cattle." The booty of war which is acquired from

the battleground is altogether different from this. It consists of the

wealth, provisions and equipment captured only from the camps and

military headquarters of the combatant armies.

6. Sanctity of Property

The Muslims have also been prohibited from taking anything from

the general public of a conquered country without paying for it. If in a

war the Muslim army occupies an area of the enemy country, and is

encamped there, it does not have the right to use the things belonging

to the people without their consent. If they need anything, they should

purchase it from the local population or should obtain permission from

the owners. Abu Bakr al-Siddiq, while instructing the Muslim armies

being despatched to the battlefront would go to the extent of saying

that Muslim soldiers should not even use the milk of the milch cattle

without the permission of their owners.

7. Sanctity of a Dead Body

Islam has categorically prohibited its followers from disgracing or

mutilating the corpses of their enemies as was practised in Arabia

before the advent of Islam. It has been said in the hadith: "The Prophet

has prohibited us from mutilating the corpses of the enemies" (al-

Bukhari; AbC Dawud). The occasion on which this order was given is

highly instructive. In the Battle of Uhud the disbelievers mutilated the

bodies of the Muslims, who had fallen on the battlefield and sacrificed

their lives for the sake of Islam, by cutting off their ears and noses, and

threading them together to put round their necks as trophies of war.

The abdomen of Hamzah, the uncle of the Prophet, was ripped open by

Quraysh, his liver was taken out and chewed by Hind, the wife of Abu

Sufyan, the leader of the Meccan army. The Muslims were naturally

enraged by this horrible sight. But the Prophet asked his followers not

to mete out similar treatment to the dead bodies of the enemies. This

great example of forbearance and restraint is sufficient to convince any

reasonable man who is not blinded by prejudice or bias, that Islam is

really the religion sent down by the Creator of the universe, and that if

human emotions had any admission in Islam, then this horrible sight on

the battlefield of Uhud would have provoked the Prophet to order his

followers to mutilate the bodies of their enemy in the same manner.

 

8. Return of Corpses of the Enemy

In the Battle of Ahzab a very renowned and redoubtable warrior

of the enemy was killed and his body fell down in the trench which the

Muslims had dug for the defence of Medina. The unbelievers presented

ten thousand dinars to the Prophet and requested that the dead body of

their fallen warrior may be handed over to them. The Prophet replied

"I do not sell dead bodies. You can take away the corpse of your fallen

comrade."

 

9. Prohibition of Breach of Treaties

Islam has strictly prohibited treachery. One of the instructions

that the Prophet used to give to the Muslim warriors while sending

them to the battlefront was: "Do not be guilty of breach of faith."

This order has been repeated in the Holy Quran and the hadith again

and again, that if the enemy acts treacherously let him do so, you

should never go back on your promise. There is a famous incident in

the peace treaty of Hudaybiyyah, when after the settlement of the

terms of the treaty, Abu Jandal, the son of the emissary of the

unbelievers who had negotiated this treaty with the Muslims, came,

fettered and blood-stained, rushing to the Muslim camp and crying for

help. The Prophet told him "Since the terms of the treaty have been

settled, we are not in a position to help you out. You should go back

with your father. God will provide you with some other opportunity to

escape this persecution." The entire Muslim army was deeply touched

and grieved at the sad plight of Abu Jandal and many of them were

moved to tears. But when the Prophet declared that "We cannot break

the agreement", not even a single person came forward to help the

unfortunate prisoner, so the unbelievers forcibly dragged him back to

Makkah. This is an unparalleled example of the observance of the terms

of agreement by the Muslims, and Islamic history can show many

examples of a similar nature.

10. Rules About Declaration of War

It has been laid down in the Holy Quran: "If you apprehend

breach of treaty from a people, then openly throw the treaty at their

faces" (8:58). In this verse, Muslims have been prohibited from opening

hostilities against their enemies without properly declaring war against

them, unless of course, the adversary has already started aggression

against them. Otherwise the Quran has clearly given the injunction to

Muslims that they should intimate to their enemies that no treaty exists

between them, and they are at war with them. The present day 'inter-

national law' has also laid down that hostilities should not be started

without declaration of war, but since it is a man-made rule, they are

free to violate it whenever it is convenient. On the other hand, the laws

for Muslims have been framed by God, hence they cannot be violated.
Conclusion:
This is a brief sketch of those rights which fourteen hundred years

ago Islam gave to man, to those who were at war with each other and to

the citizens of its state, which every believer regards as sacred as law.

On the one hand, it refreshes and strengthens our faith in Islam when

we realize that even in this modern age which makes such loud claims

of progress and enlightenment, the world has not been able to produce

juster and more equitable laws than those given 1400 years ago. On the

other hand it hurts one's feelings that Muslims are in possession of such

a splendid and comprehensive system of law and yet they look forward

for guidance to those leaders of the West who could not have dreamed

of attaining those heights of truth and justice which was achieved a long

time ago. Even more painful than this is the realization that throughout

the world the rulers who claim to be Muslims have made disobedience

to their God and the Prophet as the basis and foundation of their

government. May God have mercy on them and give them the true

guidance.

Reference:

HUMAN RIGHTS IN ISLAM

by  'Allamah Abu al-'A'la Mawdudi

al Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407