Adapted and rearranged from the book Fiqh al-Dawlah written by Professor Yusuf al Qaradawi.
1. What is the aim of politics in Islam?
According to Al-Mawardi from his book Al-Ahkam Al-Sultaniyyah, it is hirasatud din wa siasatud dunya - to uphold the religion and administer the world. Politics is not munkar - is not a depravity - real politics is noble virtuous because it administers the affairs of all creatures, bringing man closer to good and away from fasad - evil. According to Ibn al-Qayyim, politics is really the justice of Allah the Almighty and His Prophet (peace and the blessings of Allah be upon him).
The Prophet Muhammad s.a.w. was a politician as well as the messenger conveying the risalah, murabbi - teacher, Qadi - Chief Justice, Head of the nation and Imam of the ummah. The Khulafa' al Rasyidun - the rightly guided leaders who succeeded him were also politicians following the Sunnah - way of the Prophet, establishing just administration, practising ihsan - the betterment of good and providing the leadership of 'ilm - knowledge and Iman - belief.
However in the present time, due to 'politics' man faced suffering as a result of deceit and political ploys and scheming and devious politicians, whether in the form of past colonialists, treacherous rulers, tyrannical leaders and regimes preaching Machiavellian philosophy (the ends justifies the means!).
It became common to label and describe committed Muslims as 'political' so that they are regarded warily and wickedly for the purpose of disassociating and furthering apart the people from them, intending that society will shun and hate what is called 'political Islam'. It has been such that symbols of Islam like the headscarf, the proper attire and congregational prayers - Salat jama'ah are attempted to be labelled 'political'.
It is a blatant lie for those who say that there is no religion in politics and that there is no politics in religion. This deceit was once tried in the form of an attempted fatwa - a decree while the members of the Ikhwan al-Muslimun were imprisoned in the detention camps in Egypt in the 50's. The regime wanted to influence the masses to regard the activists and the Dai' (the very people who wanted to uphold the Syari'ah, Al-Qur'an and Al-Sunnah) as the purveyors of fasad - evil by using corrupted 'ulama - paid scholars.
2. The Fight against Fasad and Zulm (Evil, Transgression and Tyranny) is the utmost in Jihad
From the understanding of the Prophet's tradition (mafhum hadith):
Munkar (transgression) is not limited to khamr - liqour, gambling and zina - - unlawful sex but degrading and defiling the honour and dignity of the people and citizens is a major transgression, so is cheating in the elections, refusing to give testimony - neglecting to vote, letting government be in the hands of those who are not deserving and undesired, stealing and squandering the nation's wealth and property, monopolising the people's needs for personal gains or cronies' interests, detaining people without crime or just cause, without judgement from a fair court, torturing human beings in prison and the detention camps, giving, accepting and mediating in bribes, cowering up to, praising evil rulers, allowing the enemies of Allah and the enemies of the Muslim community to be leaders and shunning the believers - the mu'min.
These are all grave transgressions!
When a Muslim remains quiet upon seeing all of these it means that he or she does not deserve to live (is not alive) from the mafhum of al-ayat and al-hadith.
Islam requires that every Muslim has political responsibility. A Muslim is required by his Iman - faith to be truly concerned with the affairs and problems of the ummah - community, helping and defending the meek and the weak, fighting tyranny and oppression. By retreating and abstaining oneself, it will only invite divine retribution and being seized by the flames of hell (mafhum ayat).
3. Political Freedom is Our Utmost Need Today
Islam is always rejuvenated, its message spread across, its resurgence, its reverberating call heard by all even if it is given some limited freedom. Therefore the first battle is to obtain freedom to deliver the message of da'wah, the risalah of tawhid (Unity of God), spread consciousness and enabling the existence of Islamic movements.
True democracy is not the whims and desires of the tyrannical rulers or their cronies, it is not the place to jail and incarcerate its fighters and not the place to torture its proponents.
Democracy is the simplest and proper way to achieve the aims of a noble life, to be able to invite all to Allah and Islam, to be able to call others to Iman without having our souls being imprisoned and our bodies sentenced to be executed by hanging. It is the space for a free and honourable nation to have the right to choose, evaluate the ruler, change governments without coups and without bloodshed.
The theory, way and system which looks alien maybe adopted if it benefits us and as long as it does not contradict clear Islamic edicts and the rules of Syariah. We appraise, amend according to our spirit, we do not adopt its philosophy, and we do not allow what is forbidden and vice versa. We do not relinquish or compromise what is ordained or compulsory - the wajib in Islam.
The gist of democracy is that the public, the people can choose the rulers who are going to administer them; the people having the right to select, criticise and terminate; and the people are not forced to accept systems, trends, and policies which they do not agree to and they are not abused. They are free to hold elections, referendums, ensuring majority rights, protecting minority rights, having opposition, have multi parties, have press freedom and safeguarding the independence of the judiciary. But once again to constantly uphold and safeguard the principles of Islam, the firm rulings, the al-thawabit: the determined laws - hukm qat'i, the daruri - the essentials of religion and the non-ijtihadiy must not be compromised or neglected.
Syura:
Syura or consultative decision making must be followed and not just as a debating factor. By practising syura, it is closer, hence even better than the spirit of democracy. It is but the lost jewel found, the lost wisdom - al-hikmah which has been rediscovered.
Syura enables musyawarah to be conducted, obtains views and opinions, becomes the responsibility of the people to advise and counsel the government (ad-dinu nasiha) and establish amar ma'ruf nahy munkar - enjoining good and forbidding evil. Among the obligations of amar ma'ruf nahy munkar is the highest jihad (struggle) that is to voice out the truth in front of the unjust tyrant.
The State of Politics in the Ummah:
The musibah or calamity of the ummah then and now is the absence and the abeyying of the system of syura and the adoption of an oppressive dynastical ruling system. In the modern era, dictators stay in power by the force of arms and gold - power and wealth resulting in the syariah being hindered, secularism being forced upon and cultural Westernisation being imposed. Islamic da'wah and the Islamic movement being victimised, brutalised, imprisoned and hounded viciously.
4. Qur'anic Examples of Tyrannical Rulers
The Al-Qur'an denounces all powerful rulers such as Namrud, Fir'aun (Pharaoh), Hamaan and Qarun. Namrud is taghut - the transgressor who enslaves the servants of Allah as his serfs.
There is the pact or collaboration of three parties:
Fir'aun - he claims to be God, carries out tyranny and oppression throughout the land, enslaves the people
Hamaan - the cunning politician, experienced, having self interest, in the service of taghut, propping up and supporting Fir'aun and cheating the people, subjugating them.
Qarun - the capitalist or feudalist who takes opportunity from the unjust and oppressive laws, spending fortunes for the tyrannical leader in order to profit and amass more vast returns, bleeding and exploiting the toils of the people. The origin of Qarun was that he came from Prophet Musa's own clan who colluded with Fir'aun due to the love of worldly life and materialism.
The combination of taghut and Zulm results in the spread of mayhem and the destruction of the community, subjugating man by force and degradation.
The People:
Al Qur'an denounces the people or citizens who are obedient and loyal to their oppressive rulers. The people who remain under the tutelage of taghut are fully responsible and accountable because it is due to their attitude that brought forth these fir'auns and taghuts.
Al-Junud (the collaborators):
These are the armies and enforcers of the rule and order of the taghut. They use force, fear and repression to eliminate and subdue all opposition and dissidents of the tyrant.
5. An Example of Leadership
Balqis, the Queen of Saba' as told in the Qur'an was a woman who lead her people well, just and administered them with intelligence and wisdom saving her people from a war that was destructive and made decisions by syura-consulting them. Alas, the story ended with the acceptance of Islam. She led her people towards the goodness of the world and the hereafter.
Leaders like her are much more capable and qualified with political acumen and wise administration than most of the present Arab and Muslim 'male' leaders. (Prof. Yusuf Qaradawi purposely avoided the term 'al-rijal')
6. Pluralism and Multi Parties in Islam
The existence of various parties or movements is not forbidden as long as unification is not achievable due to differences over objectives, approaches, understanding and the level of confidence and trust. Variety and specialisation are allowed as long as they do not become contradictory and confrontational. However everyone has to be in one united front when facing the challenges to aqidah - belief, syariah, ummah and the survival of Islam. Relations between parties and groupings should be in the atmosphere of non-prejudice, forgiveness, nobleness, counselling truth and steadfastness, wisdom and engaging in healthy cordial debate.
Even when the Islamic State is established there is no reason to feel distraught at the existence of pluralism and differences.
7. Counselling and Corrective Participation in Politics
Without the shedding of blood, the most effective way as the outcome of long and painful struggles is the existence of political forces which the government in power is unable to contain or eliminate: that is presence of political parties. The ruling regime can get rid of individuals and small groups of opponents but it is difficult for them to defeat or wipe out larger organisations which are well structured, organised and rooted in the masses of society. Political parties have the platform, machinery, newspapers and publications as well as mass influence.
Political parties or political movements are necessary to fight oppression, to enable criticism, bringing back the government to to uphold truth and justice, bringing down or changing the government. These parties are capable of monitoring and appraising the government, offer advice and criticism.
8. Voting
Voting in the elections is a form of testimony. A just testimony is considered as long as one is not convicted of crime. Whoever so votes or abstains from voting in the general elections causing the defeat of a trustworthy and deserving candidate but on the other hand allows the candidate who is less trustworthy and undeserving to win, one has gone against the command of Allah concerning giving testimony.
Tuesday, February 24, 2009
The Political Framework Of Islam
Translated by Prof Khurshid Ahmad
The political system of Islam is based on the three principles of towhid (Oneness of Allah), risala (Prophethood) and Khilifa (Caliphate).
Towhid means that one Allah alone is the Creator, Sustainer and Master of the universe and of all that exists in it - organic or inorganic. He alone has the right to command or forbid. Worship and obedience are due to Him alone. No aspect of life in all its multifarious forms ¾ our own organs and faculties, the apparent control which we have over physical objects or the objects themselves ¾ has been created or a acquired by us in our own right. They are the bountiful provisions of Allah and have been bestowed on us by Him alone.
Hence, it is not for us to decide the aim and purpose of our existence or to set the limits of our worldly authority; nor does anyone else have the right to make these decisions for us. This right rests only with Allah. This principle of the Oneness of Allah makes meaningless the concept of the legal and political sovereignty of human beings. No individual, family, class or race can set themselves above Allah. Allah alone is the Ruler and His commandments constitute the law of Islam.
Risala is the medium through which we receive the law of Allah. We have received two things from this source: the Qur’an, the book in which Allah has expounded His law, and the authoritative interpretation and exemplification of that Book by the Prophet Muhammad (blessings of Allah and peace be upon him), through word and deed, in his capacity as the representative of Allah. The Qur’an laid down the broad principles on which human life should be based and the Prophet of Allah, in accordance with these principles, established a model system of Islamic life. The combination of these two elements is called the shari’a (law).
Khilifa means "representation". Man, according to Islam, is the representative of Allah on earth, His vice-gerent; that is to say, by virtue of the powers delegated to him by Allah, and within the limits prescribed, he is required to exercise Divine authority.
To illustrate what this means, let us take the case of an estate of yours which someone else has been appointed to administer on your behalf. Four conditions invariably obtain: First, the real ownership of the estate remains vested in you and not in the administrator; secondly, he administers your property directly in accordance with your instructions; thirdly, he exercises is authority within the limits prescribed by you; and fourthly, in the administration of the trust he executes your will and fulfils your intentions and not his own. Any representative who does not fulfil these four conditions will be abusing his authority and breaking the covenant which was implied in the concept of "representation".
This is exactly what Islam means when it affirms that man is the representative (khalifa) of Allah on earth. Hence, these four conditions are also involved in the concept of Khalifa. The state that is established in accordance with this political theory will in fact be a caliphate under the sovereignty of Allah.
Democracy In Islam
The above explanation of the term Khilafa also makes it clear that no individual or dynasty or class can be Khalifa: the authority of Khilafa is bestowed on the whole of any community which is ready to fulfil the conditions of representation after subscribing to the principles of towhid and Risala. Such a society carries the responsibility of the Khilafa as a whole and each one of its individuals shares in it.
This is the point where democracy begins in Islam. Every individual in an Islamic society enjoys the rights and powers of the caliphate of Allah and in this respect all individuals are equal. No-one may deprive anyone else of his rights and powers. The agency for running the affairs of the state will be formed by agreement with these individuals, and the authority of the state will only be an extension of the powers of the individuals delegated to it. Their opinion will be decisive in the formation of the government, which will be run with their advice and in accordance with their wishes.
Whoever gains their confidence will undertake the duties and obligations of the caliphate on their behalf; and when he loses this confidence he will have to step down. In this respect the political system of Islam is as perfect a dorm of democracy as there can be.
What distinguishes Islamic democracy from Western democracy, therefor, is that the latter is based on the concept of popular sovereignty, while the former rests on the principle of popular Khilafa. In Western democracy, the people are sovereign; in Islam sovereignty is vested in Allah and the people are His caliphs or representatives. In the former the people make their own; in the latter they have to follow and obey the laws (shari’a) given by Allah through His Prophet. In one the government undertakes to fulfil the will of the people; in the other the government and the people have to fulfil the will of Allah.
The Purpose Of The Islamic State
We are now in a position to examine more closely the type of state which is built on the foundations of tawhid, Risala and Khilafa.
The Holy Qur’an clearly states that the aim and purpose of this state is the establishment, maintenance and development of those virtues which the Creator wishes human life to be enriched by and the prevention and eradication of those evils in human life which He finds abhorrent. The Islamic state is intended neither solely as an instrument of political administration nor for the fulfillment of the collective will of any particular set of people; rather, Islam places a high ideal before the state for the achievement of which it must use all the means at its disposal.
This ideal is that the qualities of purity, beauty, goodness, virtue, success and prosperity which Allah wants to flourish in the life of His people should be engendered and developed and that all kinds of exploitation, injustice and disorder which, in the sight of Allah, are ruinous for the world and detrimental to the life of His creatures, should be suppressed and prevented. Islam gives us a clear outline of its moral system by stating positively the desired virtues and the undesired evils. Keeping this outline in view, the Islamic state can plan its welfare programme in every age and in any environment.
The constant demand made by Islam is that the principles of morality must be observed at all costs and in all walks of life. Hence, it lays down as an unalterable policy that the state should base its policies on justice, truth and honesty. It is not prepared, under any circumstances, to tolerate fraud, falsehood and injustice for the sake of political, administrative or national expediency. Whether it be relations between the rulers and the ruled within the state, or the relations of the state with other states, precedence must always be given to truth, honesty and justice.
Islam imposes similar obligations on the state and the individual: to fulfil all contracts and obligations; to have uniform standards in dealings; to remember obligations along with rights and not to forget the rights of others when expecting them to fulfil their obligations; to use power and authority for the establishment of justice and not for the perpetration of injustice; to look upon duty as a sacred obligation and to fulfil it scrupulously; and to regard power as a trust from Allah to be used in the belief that one has to render an account of one's actions to Him in the life Hereafter.
Fundamental Rights
Although an Islamic state may be set up anywhere on earth, Islam does not seek to restrict human rights or privileges to the boundaries of such a state. Islam has laid down universal fundamental rights for humanity which are to be observed and respected in all circumstances. For example, human blood is sacred and may not be spilled without strong justification; it is not permissible to oppress women, children, old people, the sick or the wounded; women's honour and chastity must be respected; the hungry must be fed, the naked clothed and the wounded or diseased treated medically irrespective of whether they belong to the Islamic community or are from amongst its enemies. These, and other provisions have been laid down by Islam as fundamental rights for every man by virtue of his status as a human being.
Nor, in Islam, are the rights of citizenship confined to people born in a particular state. A Muslim ipso facto becomes the citizen of an Islamic state as soon as he sets food on its territory with the intention of living there and thus enjoys equal rights along with those who acquire its citizenship by birth. And every Muslim is to be regarded as eligible for positions of the highest responsibility in an Islamic state without distinction of race, colour or class.
Islam has also laid down certain rights for non-Muslims who may be living within the boundaries of an Islamic state and these rights necessarily form part of the Islamic constitution. In Islamic terminology, such non-Muslims are called dhimmis (the covenanted), implying that the Islamic state has entered into a covenant with them and guaranteed their protection. The life, property and honour of a dhimmis is to be respected and protected in exactly the same way as that of a Muslim citizen. Nor is there difference between a Muslim and a non-Muslim citizen in respect of civil or criminal law.
The Islamic state may not interfere with the personal rights of non-Muslims, who have full freedom of conscience and belief and are at liberty to perform their religious rites and ceremonies in their own way. Not only may they propagate their religion, they are even entitled to criticize Islam within the limits laid down by law and decency.
These rights are irrevocable. Non-Muslims cannot be deprived of them unless they renounce the covenant which grants them citizenship. However much a non-Muslim state may oppress its Muslim citizens it is not permissible for an Islamic state to retaliate against its non-Muslim subjects; even if all the Muslims outside the boundaries of an Islamic state are massacred, that state may not unjustly shed the blood of a single non-Muslim citizen living within its boundaries.
Executive And Legislature
The responsibility for the administration of the government in an Islamic state is entrusted to an amir (leader) who may be compared to the president or the prime minister in a Western democratic state. All adult men and women who subscribe to the fundamentals of the constitution are entitled to vote for the election of the amir.
The basic qualifications for an amir are that he should command the confidence of the majority in respect of his knowledge and grasp of the spirit of Islam, that he should possess the Islamic quality of fear of Allah and that he should be endowed with qualities of statesmanship. In short, he should have both virtue and ability.
A shoora(advisory council) is also elected by the people to assist and guide the amir. It is incumbent on the amir to administer his country with the advice of this shooraThe amir may retain office only so long as he enjoys the confidence of the people and must relinquish it when he loses that confidence. Every citizen has the right to criticize the amir and his government and all reasonable means for the ventilation of public opinion must be available.
Legislation in an Islamic state is to be carried out within the limits prescribed by the law of the shari’a. The injunctions of Allah and His Prophet are to be accepted and obeyed and no legislative body may alter or modify them or make any law contrary to them. Those commandments which are liable to two or more interpretations are referred to a sub-committee of the advisory council comprising men learned in Islamic law. Great scope remains for legislation on questions not covered by specific injunctions of the shari’a and the advisory council or legislature is free to legislate in regard to these matters.
In Islam the judiciary is not places under the control of the executive. It derives its authority directly from the shari’a and is answerable to Allah. The judges are appointed by the government but once a judge occupies the bench he has to administer justice impartially according to the law of Allah; the organs and functionaries of the government are not outside his legal jurisdiction, so that even the highest executive authority of the government is liable to be called upon to appear in a court of law as a plaintiff or defendant. Rulers and ruled are subject to the same law and there can be no discrimination on the basis of position, power or privilege, Islam stands for equality and scrupulously adheres to this principle in social, economic and political realms alike.
The political system of Islam is based on the three principles of towhid (Oneness of Allah), risala (Prophethood) and Khilifa (Caliphate).
Towhid means that one Allah alone is the Creator, Sustainer and Master of the universe and of all that exists in it - organic or inorganic. He alone has the right to command or forbid. Worship and obedience are due to Him alone. No aspect of life in all its multifarious forms ¾ our own organs and faculties, the apparent control which we have over physical objects or the objects themselves ¾ has been created or a acquired by us in our own right. They are the bountiful provisions of Allah and have been bestowed on us by Him alone.
Hence, it is not for us to decide the aim and purpose of our existence or to set the limits of our worldly authority; nor does anyone else have the right to make these decisions for us. This right rests only with Allah. This principle of the Oneness of Allah makes meaningless the concept of the legal and political sovereignty of human beings. No individual, family, class or race can set themselves above Allah. Allah alone is the Ruler and His commandments constitute the law of Islam.
Risala is the medium through which we receive the law of Allah. We have received two things from this source: the Qur’an, the book in which Allah has expounded His law, and the authoritative interpretation and exemplification of that Book by the Prophet Muhammad (blessings of Allah and peace be upon him), through word and deed, in his capacity as the representative of Allah. The Qur’an laid down the broad principles on which human life should be based and the Prophet of Allah, in accordance with these principles, established a model system of Islamic life. The combination of these two elements is called the shari’a (law).
Khilifa means "representation". Man, according to Islam, is the representative of Allah on earth, His vice-gerent; that is to say, by virtue of the powers delegated to him by Allah, and within the limits prescribed, he is required to exercise Divine authority.
To illustrate what this means, let us take the case of an estate of yours which someone else has been appointed to administer on your behalf. Four conditions invariably obtain: First, the real ownership of the estate remains vested in you and not in the administrator; secondly, he administers your property directly in accordance with your instructions; thirdly, he exercises is authority within the limits prescribed by you; and fourthly, in the administration of the trust he executes your will and fulfils your intentions and not his own. Any representative who does not fulfil these four conditions will be abusing his authority and breaking the covenant which was implied in the concept of "representation".
This is exactly what Islam means when it affirms that man is the representative (khalifa) of Allah on earth. Hence, these four conditions are also involved in the concept of Khalifa. The state that is established in accordance with this political theory will in fact be a caliphate under the sovereignty of Allah.
Democracy In Islam
The above explanation of the term Khilafa also makes it clear that no individual or dynasty or class can be Khalifa: the authority of Khilafa is bestowed on the whole of any community which is ready to fulfil the conditions of representation after subscribing to the principles of towhid and Risala. Such a society carries the responsibility of the Khilafa as a whole and each one of its individuals shares in it.
This is the point where democracy begins in Islam. Every individual in an Islamic society enjoys the rights and powers of the caliphate of Allah and in this respect all individuals are equal. No-one may deprive anyone else of his rights and powers. The agency for running the affairs of the state will be formed by agreement with these individuals, and the authority of the state will only be an extension of the powers of the individuals delegated to it. Their opinion will be decisive in the formation of the government, which will be run with their advice and in accordance with their wishes.
Whoever gains their confidence will undertake the duties and obligations of the caliphate on their behalf; and when he loses this confidence he will have to step down. In this respect the political system of Islam is as perfect a dorm of democracy as there can be.
What distinguishes Islamic democracy from Western democracy, therefor, is that the latter is based on the concept of popular sovereignty, while the former rests on the principle of popular Khilafa. In Western democracy, the people are sovereign; in Islam sovereignty is vested in Allah and the people are His caliphs or representatives. In the former the people make their own; in the latter they have to follow and obey the laws (shari’a) given by Allah through His Prophet. In one the government undertakes to fulfil the will of the people; in the other the government and the people have to fulfil the will of Allah.
The Purpose Of The Islamic State
We are now in a position to examine more closely the type of state which is built on the foundations of tawhid, Risala and Khilafa.
The Holy Qur’an clearly states that the aim and purpose of this state is the establishment, maintenance and development of those virtues which the Creator wishes human life to be enriched by and the prevention and eradication of those evils in human life which He finds abhorrent. The Islamic state is intended neither solely as an instrument of political administration nor for the fulfillment of the collective will of any particular set of people; rather, Islam places a high ideal before the state for the achievement of which it must use all the means at its disposal.
This ideal is that the qualities of purity, beauty, goodness, virtue, success and prosperity which Allah wants to flourish in the life of His people should be engendered and developed and that all kinds of exploitation, injustice and disorder which, in the sight of Allah, are ruinous for the world and detrimental to the life of His creatures, should be suppressed and prevented. Islam gives us a clear outline of its moral system by stating positively the desired virtues and the undesired evils. Keeping this outline in view, the Islamic state can plan its welfare programme in every age and in any environment.
The constant demand made by Islam is that the principles of morality must be observed at all costs and in all walks of life. Hence, it lays down as an unalterable policy that the state should base its policies on justice, truth and honesty. It is not prepared, under any circumstances, to tolerate fraud, falsehood and injustice for the sake of political, administrative or national expediency. Whether it be relations between the rulers and the ruled within the state, or the relations of the state with other states, precedence must always be given to truth, honesty and justice.
Islam imposes similar obligations on the state and the individual: to fulfil all contracts and obligations; to have uniform standards in dealings; to remember obligations along with rights and not to forget the rights of others when expecting them to fulfil their obligations; to use power and authority for the establishment of justice and not for the perpetration of injustice; to look upon duty as a sacred obligation and to fulfil it scrupulously; and to regard power as a trust from Allah to be used in the belief that one has to render an account of one's actions to Him in the life Hereafter.
Fundamental Rights
Although an Islamic state may be set up anywhere on earth, Islam does not seek to restrict human rights or privileges to the boundaries of such a state. Islam has laid down universal fundamental rights for humanity which are to be observed and respected in all circumstances. For example, human blood is sacred and may not be spilled without strong justification; it is not permissible to oppress women, children, old people, the sick or the wounded; women's honour and chastity must be respected; the hungry must be fed, the naked clothed and the wounded or diseased treated medically irrespective of whether they belong to the Islamic community or are from amongst its enemies. These, and other provisions have been laid down by Islam as fundamental rights for every man by virtue of his status as a human being.
Nor, in Islam, are the rights of citizenship confined to people born in a particular state. A Muslim ipso facto becomes the citizen of an Islamic state as soon as he sets food on its territory with the intention of living there and thus enjoys equal rights along with those who acquire its citizenship by birth. And every Muslim is to be regarded as eligible for positions of the highest responsibility in an Islamic state without distinction of race, colour or class.
Islam has also laid down certain rights for non-Muslims who may be living within the boundaries of an Islamic state and these rights necessarily form part of the Islamic constitution. In Islamic terminology, such non-Muslims are called dhimmis (the covenanted), implying that the Islamic state has entered into a covenant with them and guaranteed their protection. The life, property and honour of a dhimmis is to be respected and protected in exactly the same way as that of a Muslim citizen. Nor is there difference between a Muslim and a non-Muslim citizen in respect of civil or criminal law.
The Islamic state may not interfere with the personal rights of non-Muslims, who have full freedom of conscience and belief and are at liberty to perform their religious rites and ceremonies in their own way. Not only may they propagate their religion, they are even entitled to criticize Islam within the limits laid down by law and decency.
These rights are irrevocable. Non-Muslims cannot be deprived of them unless they renounce the covenant which grants them citizenship. However much a non-Muslim state may oppress its Muslim citizens it is not permissible for an Islamic state to retaliate against its non-Muslim subjects; even if all the Muslims outside the boundaries of an Islamic state are massacred, that state may not unjustly shed the blood of a single non-Muslim citizen living within its boundaries.
Executive And Legislature
The responsibility for the administration of the government in an Islamic state is entrusted to an amir (leader) who may be compared to the president or the prime minister in a Western democratic state. All adult men and women who subscribe to the fundamentals of the constitution are entitled to vote for the election of the amir.
The basic qualifications for an amir are that he should command the confidence of the majority in respect of his knowledge and grasp of the spirit of Islam, that he should possess the Islamic quality of fear of Allah and that he should be endowed with qualities of statesmanship. In short, he should have both virtue and ability.
A shoora(advisory council) is also elected by the people to assist and guide the amir. It is incumbent on the amir to administer his country with the advice of this shooraThe amir may retain office only so long as he enjoys the confidence of the people and must relinquish it when he loses that confidence. Every citizen has the right to criticize the amir and his government and all reasonable means for the ventilation of public opinion must be available.
Legislation in an Islamic state is to be carried out within the limits prescribed by the law of the shari’a. The injunctions of Allah and His Prophet are to be accepted and obeyed and no legislative body may alter or modify them or make any law contrary to them. Those commandments which are liable to two or more interpretations are referred to a sub-committee of the advisory council comprising men learned in Islamic law. Great scope remains for legislation on questions not covered by specific injunctions of the shari’a and the advisory council or legislature is free to legislate in regard to these matters.
In Islam the judiciary is not places under the control of the executive. It derives its authority directly from the shari’a and is answerable to Allah. The judges are appointed by the government but once a judge occupies the bench he has to administer justice impartially according to the law of Allah; the organs and functionaries of the government are not outside his legal jurisdiction, so that even the highest executive authority of the government is liable to be called upon to appear in a court of law as a plaintiff or defendant. Rulers and ruled are subject to the same law and there can be no discrimination on the basis of position, power or privilege, Islam stands for equality and scrupulously adheres to this principle in social, economic and political realms alike.
Wednesday, February 11, 2009
HARGA DIRI
Harga diri manusia adalah maruahnya
Pada maruahlah keindahan seseorang itu
Maruah tidak boleh dijualbeli
Kerana itu jagalah maruah diri
Jangan cemarkan maruah diri
Hilang kepercayaan seluruh manusia
Allah dan Rasul juga memandang tinggi maruah manusia
Jika di dalam kehidupan seseorang itu sudah dapat dilihat cacat-celanya
Seperti pembohong, penzina, bergaul bebas dengan betina,
mungkir janji, khianat, rosak akhlaknya, menzalimi, penipu,
mementingkan diri jadi budaya, harga diri sudah tiada
Hilanglah kepercayaan manusia
Diwaktu ini ilmu yang tinggi tidak dapat menebusnya
Wang ringgit tidak dapat memulihkannya
Pangkat dan darjat begitu juga
Sekalipun bertaubat
Jagalah harga diri jangan sampai tercemar
Jika berlaku musnah dan punah harga diri
Nama baik tercemar
Menderitalah sepanjang hidup seseorang itu
Nukilan: Ayahanda
Pada maruahlah keindahan seseorang itu
Maruah tidak boleh dijualbeli
Kerana itu jagalah maruah diri
Jangan cemarkan maruah diri
Hilang kepercayaan seluruh manusia
Allah dan Rasul juga memandang tinggi maruah manusia
Jika di dalam kehidupan seseorang itu sudah dapat dilihat cacat-celanya
Seperti pembohong, penzina, bergaul bebas dengan betina,
mungkir janji, khianat, rosak akhlaknya, menzalimi, penipu,
mementingkan diri jadi budaya, harga diri sudah tiada
Hilanglah kepercayaan manusia
Diwaktu ini ilmu yang tinggi tidak dapat menebusnya
Wang ringgit tidak dapat memulihkannya
Pangkat dan darjat begitu juga
Sekalipun bertaubat
Jagalah harga diri jangan sampai tercemar
Jika berlaku musnah dan punah harga diri
Nama baik tercemar
Menderitalah sepanjang hidup seseorang itu
Nukilan: Ayahanda
Monday, February 9, 2009
Niat ikhlas hapus empat perkara halang manusia beribadat
Oleh Wan Marzuki Wan Ramli
KEIKHLASAN hati dan jiwa melakukan ibadat kepada Allah adalah kemuncak kepada kemurnian nurani seseorang kerana dengan sifat ikhlas saja mampu menghalang daripada perkara yang menghadang diri untuk beristiqamah. Ulama besar al-Imam Ghazali menyatakan ada empat perkara besar yang selalu menjadi penghalang untuk beribadat kepada Allah iaitu dunia, makhluk, nafsu dan syaitan. Jika diteliti maksud dunia seperti diperkatakan ilmu tasauf merangkumi semua perkara yang tidak memberi manfaat apabila seseorang kembali ke hadrat Ilahi seperti wang, harta menimbun atau pangkat.
Setiap amalan bermula dengan niat. Justeru, jika niat kerana Allah maka amalan menjadi ibadat, tetapi ia hanya adat jika sebaliknya. Setiap perbuatan harus disertai niat untuk mendapat keredaan Allah.
Keduanya ialah gangguan dan halangan makhluk Allah termasuk anak, binatang ternakan dan harta yang boleh melalaikan manusia sehingga lupa kewajipan menunaikan ibadat wajib serta sunat.
Allah berfirman yang bermaksud:
“Dan ketahuilah bahawa harta benda kamu dan anak pinak kamu itu adalah ujian kepada kamu.” (Surah al-Anfal, ayat 28)
Harta apabila sudah menimbun, ada kalanya menjadikan seseorang hamba kepada hartanya. Malah, ada yang sanggup meninggalkan tanggungjawab mengerjakan solat kerana terlalu menjaga harta benda. Ada juga ibu bapa yang melewatkan solat atau tidak mengerjakannya pada tempoh difardukan semata-mata melayan kerenah serta tuntutan anak.
Ketiganya ialah keinginan atau lebih dikenali sebagai nafsu yang sentiasa merajai diri. Penghalang dalam diri ini yang selalu sukar dilawan hingga terus tumbuh dan menyubur dalam diri setiap insan.
Manusia sering tunduk serta tewas dengan kehendak nafsu sendiri sehingga terpedaya dengan bisikan supaya meninggalkan tanggungjawab terhadap Allah. Ada pula meninggalkan solat dan puasa fardu semata-mata memenuhi dan menghormati undangan rakan.
Tidak kurang yang meninggalkan solat fardu kerana memenuhi tuntutan tugas yang memerlukan mereka sentiasa bergerak atau berada lebih lama di tempat duduk menyudahkan tugasan diberi seolah-olah sudah tiada masa lagi untuk menyiapkannya.
Keempat adalah desakan iblis dan syaitan yang sentiasa menggoda dengan tipu daya supaya manusia mengikut mereka ke arah kesesatan sehingga hari kiamat. Godaan itu datang dengan pelbagai cara dan rupa.
Ketika solat juga syaitan terus menggoda hamba Allah supaya hilang tumpuan dan kerja mereka menjadi lebih mudah apabila manusia dalam keadaan leka.
Rasulullah SAW mengajarkan doa yang bermaksud: “Aku berlindung dengan Allah daripada syaitan dan aku berlindung dengan Allah daripada kehadiran syaitan itu kepadaku.”
Pernah suatu ketika Aisyah, isteri Baginda Rasulullah SAW dalam keadaan marah. Melihatkan hal itu lalu Rasulullah SAW menegur isterinya dengan berkata: “Wahai Aisyah, kamu ini masih dikuasai syaitan kamu. Aisyah terperanjat lalu bertanyakan Baginda apakah setiap manusia dibekalkan syaitan? Lalu Rasulullah SAW menjawab: Ya, saya sendiri mempunyai satu syaitan, tetapi syaitan saya sudah masuk Islam.”
Golongan insan yang sukar diperdaya iblis dan syaitan adalah mereka yang meletakkan sifat ikhlas dan jujur di puncak ibadat kepada Allah. Allah berfirman yang bermaksud:
“Dan tiadalah mereka diperintah melainkan supaya menyembah Allah dengan memurnikan ketaatan kepada-Nya dengan berterusan.” (Surah al-Bayyinah, ayat 5)
Firman Allah lagi yang bermaksud:
“Sesungguhnya syaitan itu adalah musuh bagi kamu semua, maka jadikanlah dia musuh (yang mesti dijauhi). Sebenarnya dia hanyalah mengajak manusia supaya menjadi penghuni neraka.” (Surah al-Fatir, ayat 6)
Kekuatan dan iltizam serta istiqamah dalam diri boleh menyingkirkan keempat-empat halangan melakukan ibadat kepada Allah. Selain niat yang ikhlas, kekuatan melawan bisikan supaya terus lalai memudahkan seseorang melaksanakan tanggungjawab sebagai khalifah Allah.
Pada masa sama, sentiasa berusaha memperbaiki diri dengan mendalami ilmu agama serta meningkatkan keimanan melalui amalan sunat kerana kesibukan melakukan perkara baik dapat mengelak daripada terjebak dengan hasutan membawa kepada kelalaian.
INFO: Penghalang ibadat
1. Dunia - semua perkara yang tidak memberi manfaat apabila seseorang kembali ke hadrat Ilahi seperti wang, harta menimbun atau pangkat.
2. Gangguan makhluk - termasuk anak, ternakan dan harta yang boleh melalaikan manusia sehingga lupa kewajipan menunaikan ibadat.
3. Nafsu - keinginan yang sentiasa merajai diri dan sukar dilawan sehingga terus subur dalam diri setiap insan.
4. Iblis dan syaitan - menggoda dengan pelbagai cara supaya manusia mengikut mereka ke arah kesesatan sehingga kiamat.
Sumber:Tazkirah Mutiara Hati
KEIKHLASAN hati dan jiwa melakukan ibadat kepada Allah adalah kemuncak kepada kemurnian nurani seseorang kerana dengan sifat ikhlas saja mampu menghalang daripada perkara yang menghadang diri untuk beristiqamah. Ulama besar al-Imam Ghazali menyatakan ada empat perkara besar yang selalu menjadi penghalang untuk beribadat kepada Allah iaitu dunia, makhluk, nafsu dan syaitan. Jika diteliti maksud dunia seperti diperkatakan ilmu tasauf merangkumi semua perkara yang tidak memberi manfaat apabila seseorang kembali ke hadrat Ilahi seperti wang, harta menimbun atau pangkat.
Setiap amalan bermula dengan niat. Justeru, jika niat kerana Allah maka amalan menjadi ibadat, tetapi ia hanya adat jika sebaliknya. Setiap perbuatan harus disertai niat untuk mendapat keredaan Allah.
Keduanya ialah gangguan dan halangan makhluk Allah termasuk anak, binatang ternakan dan harta yang boleh melalaikan manusia sehingga lupa kewajipan menunaikan ibadat wajib serta sunat.
Allah berfirman yang bermaksud:
“Dan ketahuilah bahawa harta benda kamu dan anak pinak kamu itu adalah ujian kepada kamu.” (Surah al-Anfal, ayat 28)
Harta apabila sudah menimbun, ada kalanya menjadikan seseorang hamba kepada hartanya. Malah, ada yang sanggup meninggalkan tanggungjawab mengerjakan solat kerana terlalu menjaga harta benda. Ada juga ibu bapa yang melewatkan solat atau tidak mengerjakannya pada tempoh difardukan semata-mata melayan kerenah serta tuntutan anak.
Ketiganya ialah keinginan atau lebih dikenali sebagai nafsu yang sentiasa merajai diri. Penghalang dalam diri ini yang selalu sukar dilawan hingga terus tumbuh dan menyubur dalam diri setiap insan.
Manusia sering tunduk serta tewas dengan kehendak nafsu sendiri sehingga terpedaya dengan bisikan supaya meninggalkan tanggungjawab terhadap Allah. Ada pula meninggalkan solat dan puasa fardu semata-mata memenuhi dan menghormati undangan rakan.
Tidak kurang yang meninggalkan solat fardu kerana memenuhi tuntutan tugas yang memerlukan mereka sentiasa bergerak atau berada lebih lama di tempat duduk menyudahkan tugasan diberi seolah-olah sudah tiada masa lagi untuk menyiapkannya.
Keempat adalah desakan iblis dan syaitan yang sentiasa menggoda dengan tipu daya supaya manusia mengikut mereka ke arah kesesatan sehingga hari kiamat. Godaan itu datang dengan pelbagai cara dan rupa.
Ketika solat juga syaitan terus menggoda hamba Allah supaya hilang tumpuan dan kerja mereka menjadi lebih mudah apabila manusia dalam keadaan leka.
Rasulullah SAW mengajarkan doa yang bermaksud: “Aku berlindung dengan Allah daripada syaitan dan aku berlindung dengan Allah daripada kehadiran syaitan itu kepadaku.”
Pernah suatu ketika Aisyah, isteri Baginda Rasulullah SAW dalam keadaan marah. Melihatkan hal itu lalu Rasulullah SAW menegur isterinya dengan berkata: “Wahai Aisyah, kamu ini masih dikuasai syaitan kamu. Aisyah terperanjat lalu bertanyakan Baginda apakah setiap manusia dibekalkan syaitan? Lalu Rasulullah SAW menjawab: Ya, saya sendiri mempunyai satu syaitan, tetapi syaitan saya sudah masuk Islam.”
Golongan insan yang sukar diperdaya iblis dan syaitan adalah mereka yang meletakkan sifat ikhlas dan jujur di puncak ibadat kepada Allah. Allah berfirman yang bermaksud:
“Dan tiadalah mereka diperintah melainkan supaya menyembah Allah dengan memurnikan ketaatan kepada-Nya dengan berterusan.” (Surah al-Bayyinah, ayat 5)
Firman Allah lagi yang bermaksud:
“Sesungguhnya syaitan itu adalah musuh bagi kamu semua, maka jadikanlah dia musuh (yang mesti dijauhi). Sebenarnya dia hanyalah mengajak manusia supaya menjadi penghuni neraka.” (Surah al-Fatir, ayat 6)
Kekuatan dan iltizam serta istiqamah dalam diri boleh menyingkirkan keempat-empat halangan melakukan ibadat kepada Allah. Selain niat yang ikhlas, kekuatan melawan bisikan supaya terus lalai memudahkan seseorang melaksanakan tanggungjawab sebagai khalifah Allah.
Pada masa sama, sentiasa berusaha memperbaiki diri dengan mendalami ilmu agama serta meningkatkan keimanan melalui amalan sunat kerana kesibukan melakukan perkara baik dapat mengelak daripada terjebak dengan hasutan membawa kepada kelalaian.
INFO: Penghalang ibadat
1. Dunia - semua perkara yang tidak memberi manfaat apabila seseorang kembali ke hadrat Ilahi seperti wang, harta menimbun atau pangkat.
2. Gangguan makhluk - termasuk anak, ternakan dan harta yang boleh melalaikan manusia sehingga lupa kewajipan menunaikan ibadat.
3. Nafsu - keinginan yang sentiasa merajai diri dan sukar dilawan sehingga terus subur dalam diri setiap insan.
4. Iblis dan syaitan - menggoda dengan pelbagai cara supaya manusia mengikut mereka ke arah kesesatan sehingga kiamat.
Sumber:Tazkirah Mutiara Hati
Thursday, February 5, 2009
Human Rights according to the Quran
By: Riffat Hassan
To many Muslims the Qur'an is the Magna Carta of human rights and a large part of its concern is to free human beings from the bondage of traditionalism, authoritarianism (religious, political, economic, or any other), tribalism, racism, sexism, slavery or anything else that prohibits or inhibits human beings from actualizing the Qur'anic vision of human destiny embodied in the classic proclamation: "Towards Allah is thy limit" 5.
In the section entitled "General Rights" which follows, an account is given of the Qur'an's affirmation of fundamental rights which all human beings ought to possess because they are so deeply rooted in our humanness that their denial or violation is tantamount to a negation or degradation of that which makes us human. From the perspective of the Qur'an, these rights came into existence when we did; they were created, as we were, by God in order that our human potential could be actualized. Rights created or given by God cannot be abolished by any temporal ruler or human agency. Eternal and immutable, they ought to be exercised since everything that God does is for "a just purpose" 6.
GENERAL RIGHTS
A. Right to Life
The Qur'an upholds the sanctity and absolute value of human life 7 and points out that, in essence, the life of each individual is comparable to that of an entire community and, therefore, should be treated with the utmost care 8.
B. Right to Respect
The Qur'an deems all human beings to be worthy of respect 9 because of all creation they alone chose to accept the "trust" of freedom of the will 10. Human beings can exercise freedom of the will because they possess the rational faculty, which is what distinguishes them from all other creatures 11. Though human beings can become "the lowest of the lowest", the Qur'an declares that they have been made "in the best of moulds" 12, having the ability to think, to have knowledge of right and wrong, to do the good and to avoid the evil. Thus, on account of the promise which is contained in being human, namely, the potential to be God's vicegerent on earth, the humanness of all human beings is to be respected and considered to be an end in itself.
C. Right to Justice
The Qur'an puts great emphasis on the right to seek justice and the duty to do justice 13. In the context of justice, the Qur'an uses two concepts: "'adl" and "ihsan". Both are enjoined and both are related to the idea of "balance", but they are not identical in meaning.
"'Adl" is defined by A.A.A. Fyzee, a well-known scholar of Islam, as "to be equal, neither more nor less." Explaining this concept, Fyzee wrote: "...in a Court of Justice the claims of the two parties must be considered evenly, without undue stress being laid upon one side or the other. Justice introduces the balance in the form of scales that are evenly balanced." 14. "'Adl" was described in similar terms by Abu'l Kalam Azad, a famous translator of the Qur'an and a noted writer, who stated: "What is justice but the avoiding of excess? There should be neither too much nor too little; hence the use of scales as the emblems of justice" 15. Lest anyone try to do too much or too little, the Qur'an points out that no human being can carry another's burden or attain anything without striving for it.16
Recognizing individual merit is a part of "'adl", The Qur'an teaches that merit is not determined by lineage, sex, wealth, worldly success or religion, but by righteousness, which consists of both right "belief" ("iman") and just "action" (" 'amal") 17. Further, the Qur'an distinguishes between passive believers and those who strive in the cause of God pointing out that though all believers are promised good by God, the latter will be exalted above the former 18.
Just as it is in the spirit of "'adl" that special merit be considered in the matter of rewards, so also special circumstances are to be considered in the matter of punishments. For instance, for crimes of unchastity the Qur'an prescribes identical punishments for a man or a woman who is proved guilty 19, but it differentiates between different classes of women: for the same crime, a slave woman would receive half, and the Prophet's consort double, the punishment given to a "free" Muslim woman 20. In making such a distinction, the Qur'an while upholding high moral standards, particularly in the case of the Prophet's wives whose actions have a normative significance for the community, reflects God's compassion for women slaves who were socially disadvantaged.
While constantly enjoining "'adl", the Qur'an goes beyond this concept to "ihsan", which literally means, "restoring the balance by making up a loss or deficiency" 21. In order to understand this concept, it is necessary to understand the nature of the ideal society or community ("ummah") envisaged by the Qur'an. The word "ummah" comes from the root "umm", or "mother". The symbols of a mother and motherly love and compassion are also linked with the two attributes most characteristic of God, namely, "Rahim" and "Rahman", both of which are derived from the root "rahm", meaning "womb". The ideal "ummah" cares about all its members just as an ideal mother cares about all her children, knowing that all are not equal and that each has different needs. While showing undue favour to any child would be unjust, a mother who gives to a "handicapped" child more than she does to her other child or children, is not acting unjustly but exemplifying the spirit of "ihsan" by helping to make up the deficiency of a child who need special assistance in meeting the requirements of life. "Ihsan", thus, shows God's sympathy for the disadvantaged segments of human society (such as women, orphans, slaves, the poor, the infirm, and the minorities)
D. Right to Freedom
As stated earlier, the Qur'an is deeply concerned about liberating human beings from every kind of bondage. Recognizing the human tendency toward dictatorship and despotism, the Qur'an says with clarity and emphasis in Surah 3: Al-'Imran: 79:
It is not (possible) - That a man, to whom - Is given the Book, - and Wisdom, - And the Prophetic Office, - Should say to people:- "Be ye my worshippers - Rather than Allah's" - On the contrary - (He would say): - "Be ye worshippers - Of Him Who is truly - The Cherisher of all." 22
The institution of human slavery is, of course, extremely important in the context of human freedom. Slavery was widely prevalent in Arabia at the time of the advent of Islam, and the Arab economy was based on it. Not only did the Qur'an insist that slaves be treated in a just and humane way 23, but it continually urged the freeing of slaves 24. By laying down, in Surah 47: Muhammad: 4, that prisoners of war were to be set free, "either by an act of grace or against ransom" 25, the Qur'an virtually abolished slavery since "The major source of slaves - men and women - was prisoners of war" 26. Because the Qur'an does not state explicitly that slavery is abolished, it does not follow that it is to be continued, particularly in view of the numerous ways in which the Qur'an seeks to eliminate this absolute evil. A Book which does not give a king or a prophet the right to command absolute obedience from another human being could not possibly sanction slavery in any sense of the word.
The greatest guarantee of personal freedom for a Muslim lies in the Qur'anic decree that no one other than God can limit human freedom 27 and in the statement that "Judgment (as to what is right and what is wrong) rests with God alone" 28. As pointed out by Khalid M. Ishaque, an eminent Pakistani jurist:
The Qur'an gives to responsible dissent the status of a fundamental right. In exercise of their powers, therefore, neither the legislature nor the executive can demand unquestioning obedience...The Prophet, even though he was the recipient of Divine revelation, was required to consult the Muslims in public affairs. Allah addressing the Prophet says: "...and consult with them upon the conduct of affairs. And...when thou art resolved, then put thy trust in Allah" 29.
Since the principle of mutual consultation ("shura") is mandatory 30, it is a Muslim's fundamental right, as well as responsibility, to participate in as many aspects of the community's life as possible. The Qur'anic proclamation in Surah 2: Al-Baqarah: 256, "There shall be no coercion in matters of faith" 31 guarantees freedom of religion and worship. This means that, according to Qur'anic teaching, non-Muslims living in Muslim territories should have the freedom to follow their own faith-traditions without fear or harassment. A number of Qur'anic passages state clearly that the responsibility of the Prophet Muhammad is to communicate the message of God and not to compel anyone to believe 32. The right to exercise free choice in matters of belief is unambiguously endorsed by the Qur'an 33 which also states clearly that God will judge human beings not on the basis of what they profess but on the basis of their belief and righteous conduct 34, as indicated by Surah 2: Al-Baqarah: 62 which says:
Those who believe (in the Qur'an) - And those who follow the Jewish (scriptures), - And the Christians and the Sabians, - Any who believe in God - And the Last Day, - And work righteousness, - Shall have their reward - With the Lord: on them - Shall be no fear, nor shall they grieve. 35
The Qur'an recognizes the right to religious freedom not only in the case of other believers in God, but also in the case of not-believers in God (if they are not aggressing upon Muslims) 36.
In the context of the human right to exercise religious freedom, it is important to mention that the Qur'anic dictum, "Let there be no compulsion in religion" 37 applies not only to non- Muslims but also to Muslims. While those who renounced Islam after professing it and then engaged in "acts of war" against Muslims were to be treated as enemies and aggressors, the Qur'an does not prescribe any punishment for non-profession or renunciation of faith. The decision regarding a person's ultimate destiny in the hereafter rests with God.
The right to freedom includes the right to be free to tell the truth. The Qur'anic term for truth is "Haqq" which is also one of God's most important attributes. Standing up for the truth is a right and a responsibility which a Muslim may not disclaim even in the face of the greatest danger or difficulty 38. While the Qur'an commands believers to testify to the truth, it also instructs society not to harm persons so testifying 39.
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E. Right to Acquire Knowledge
The Qur'an puts the highest emphasis on the importance of acquiring knowledge. That knowledge has been at the core of the Islamic world-view from the very beginning is attested to by Surah 96: Al'Alaq: 1-5, which Muslims believe to the first revelation received by the Prophet Muhammad.
Asking rhetorically if those without knowledge can be equal to those with knowledge 40, the Qur'an exhorts believers to pray for advancement in knowledge 41. The famous prayer of the Prophet Muhammad was "Allah grant me Knowledge of the ultimate nature of things" and one of the best known of all traditions ("ahadith") is "Seek knowledge even though it be in China."
According to Qur'anic perspective, knowledge is a prerequisite for the creation of a just world in which authentic peace can prevail. The Qur'an emphasizes the importance of the pursuit of learning even at the time, and in the midst, of war 42.
F. Right to Sustenance
As pointed out by Surah 11: Hud: 6, every living creature depends for its sustenance upon God. A cardinal concept in the Qur'an - which underlies the socio-economic-political system of Islam - is that the ownership of everything belongs, not to any person, but to God. Since God is the universal creator, every creature has the right to partake of what belongs to God 43. This means that every human being has the right to a means of living and that those who hold economic or political power do not have the right to deprive others of the basic necessities of life by misappropriating or misusing resources which have been created by God for the benefit of humanity in general.
G. Right to Work
According to Qur'anic teaching every man and woman has the right to work, whether the work consists of gainful employment or voluntary service. The fruits of labour belong to the one who has worked for them - regardless of whether it is a man or a woman. As Surah 4: An-Nisa': 32 states:
...to men - Is allotted what they earn, - And to women what they earn 44
H. Right to Privacy
The Qur'an recognizes the need for privacy as a human right and lays down rules for protecting an individual's life in the home from undue intrusion from within or without 45.
I. Right to Protection from Slander, Backbiting, and Ridicule
The Qur'an recognizes the right of human beings to be protected from defamation, sarcasm, offensive nicknames, and backbiting 46. It also states that no person is to be maligned on grounds of assumed guilt and that those who engage in malicious scandal-mongering will be grievously punished in both this world and the next 47.
J. Right to Develop One's Aesthetic Sensibilities and Enjoy the Bounties Created by God
As pointed out Muhammad Asad, "By declaring that all good and beautiful things to the believers, the Qu'ran condemns, by implication, all forms of life-denying asceticism, world- renunciation and self-mortification.48 In fact, it can be stated that the right to develop one's aesthetic sensibilities so that one can appreciate beauty in all its forms, and the right to enjoy what God has provided for the nurture of humankind, are rooted in the life-affirming vision of the Qur'an.49
K. Right to Leave One's Homeland Under Oppressive Conditions
According to Qur'anic teaching , a Muslim's ultimate loyalty must be to God and not to any territory. To fulfill his Prophetic mission, the Prophet Muhammad decided to leave his place of birth, Mecca, and emigrated to Medina. This event ("Hijrah") has great historical and spiritual significance for Muslims who are called upon to move away from their place of origin of it becomes an abode of evil and oppression where they cannot fulfill their obligations to God or establish justice.50
L. Right to "The Good Life"
The Qur'an uphold the right of the human being only to life but to " the good life ". This good life, made up of many elements , becomes possible when a human being is living in a just environment. According to Qur'anic teaching, justice is a prerequisite for peace, and peace is a prerequisite for human development. In a just society, all the earlier-mentioned human rights may be exercised without difficulty. In such a society other basic rights such as the right to a secure place of residence, the right to the protection of one's personal possessions, the right to protection of one's covenants, the right to move freely, the right to social and judicial autonomy for minorities, the right to the protection of one's holy places and the right to return to one's spiritual center, also exist 51.
Excerpted from a paper written by Dr. Riffat Hassan, "Are Human Rights Compatible with Islam?". Dr. Hassan is a Professor in Humanities (Religious Studies) at University of Louisville, Kentucky.
Source- IslamiCity.com
To many Muslims the Qur'an is the Magna Carta of human rights and a large part of its concern is to free human beings from the bondage of traditionalism, authoritarianism (religious, political, economic, or any other), tribalism, racism, sexism, slavery or anything else that prohibits or inhibits human beings from actualizing the Qur'anic vision of human destiny embodied in the classic proclamation: "Towards Allah is thy limit" 5.
In the section entitled "General Rights" which follows, an account is given of the Qur'an's affirmation of fundamental rights which all human beings ought to possess because they are so deeply rooted in our humanness that their denial or violation is tantamount to a negation or degradation of that which makes us human. From the perspective of the Qur'an, these rights came into existence when we did; they were created, as we were, by God in order that our human potential could be actualized. Rights created or given by God cannot be abolished by any temporal ruler or human agency. Eternal and immutable, they ought to be exercised since everything that God does is for "a just purpose" 6.
GENERAL RIGHTS
A. Right to Life
The Qur'an upholds the sanctity and absolute value of human life 7 and points out that, in essence, the life of each individual is comparable to that of an entire community and, therefore, should be treated with the utmost care 8.
B. Right to Respect
The Qur'an deems all human beings to be worthy of respect 9 because of all creation they alone chose to accept the "trust" of freedom of the will 10. Human beings can exercise freedom of the will because they possess the rational faculty, which is what distinguishes them from all other creatures 11. Though human beings can become "the lowest of the lowest", the Qur'an declares that they have been made "in the best of moulds" 12, having the ability to think, to have knowledge of right and wrong, to do the good and to avoid the evil. Thus, on account of the promise which is contained in being human, namely, the potential to be God's vicegerent on earth, the humanness of all human beings is to be respected and considered to be an end in itself.
C. Right to Justice
The Qur'an puts great emphasis on the right to seek justice and the duty to do justice 13. In the context of justice, the Qur'an uses two concepts: "'adl" and "ihsan". Both are enjoined and both are related to the idea of "balance", but they are not identical in meaning.
"'Adl" is defined by A.A.A. Fyzee, a well-known scholar of Islam, as "to be equal, neither more nor less." Explaining this concept, Fyzee wrote: "...in a Court of Justice the claims of the two parties must be considered evenly, without undue stress being laid upon one side or the other. Justice introduces the balance in the form of scales that are evenly balanced." 14. "'Adl" was described in similar terms by Abu'l Kalam Azad, a famous translator of the Qur'an and a noted writer, who stated: "What is justice but the avoiding of excess? There should be neither too much nor too little; hence the use of scales as the emblems of justice" 15. Lest anyone try to do too much or too little, the Qur'an points out that no human being can carry another's burden or attain anything without striving for it.16
Recognizing individual merit is a part of "'adl", The Qur'an teaches that merit is not determined by lineage, sex, wealth, worldly success or religion, but by righteousness, which consists of both right "belief" ("iman") and just "action" (" 'amal") 17. Further, the Qur'an distinguishes between passive believers and those who strive in the cause of God pointing out that though all believers are promised good by God, the latter will be exalted above the former 18.
Just as it is in the spirit of "'adl" that special merit be considered in the matter of rewards, so also special circumstances are to be considered in the matter of punishments. For instance, for crimes of unchastity the Qur'an prescribes identical punishments for a man or a woman who is proved guilty 19, but it differentiates between different classes of women: for the same crime, a slave woman would receive half, and the Prophet's consort double, the punishment given to a "free" Muslim woman 20. In making such a distinction, the Qur'an while upholding high moral standards, particularly in the case of the Prophet's wives whose actions have a normative significance for the community, reflects God's compassion for women slaves who were socially disadvantaged.
While constantly enjoining "'adl", the Qur'an goes beyond this concept to "ihsan", which literally means, "restoring the balance by making up a loss or deficiency" 21. In order to understand this concept, it is necessary to understand the nature of the ideal society or community ("ummah") envisaged by the Qur'an. The word "ummah" comes from the root "umm", or "mother". The symbols of a mother and motherly love and compassion are also linked with the two attributes most characteristic of God, namely, "Rahim" and "Rahman", both of which are derived from the root "rahm", meaning "womb". The ideal "ummah" cares about all its members just as an ideal mother cares about all her children, knowing that all are not equal and that each has different needs. While showing undue favour to any child would be unjust, a mother who gives to a "handicapped" child more than she does to her other child or children, is not acting unjustly but exemplifying the spirit of "ihsan" by helping to make up the deficiency of a child who need special assistance in meeting the requirements of life. "Ihsan", thus, shows God's sympathy for the disadvantaged segments of human society (such as women, orphans, slaves, the poor, the infirm, and the minorities)
D. Right to Freedom
As stated earlier, the Qur'an is deeply concerned about liberating human beings from every kind of bondage. Recognizing the human tendency toward dictatorship and despotism, the Qur'an says with clarity and emphasis in Surah 3: Al-'Imran: 79:
It is not (possible) - That a man, to whom - Is given the Book, - and Wisdom, - And the Prophetic Office, - Should say to people:- "Be ye my worshippers - Rather than Allah's" - On the contrary - (He would say): - "Be ye worshippers - Of Him Who is truly - The Cherisher of all." 22
The institution of human slavery is, of course, extremely important in the context of human freedom. Slavery was widely prevalent in Arabia at the time of the advent of Islam, and the Arab economy was based on it. Not only did the Qur'an insist that slaves be treated in a just and humane way 23, but it continually urged the freeing of slaves 24. By laying down, in Surah 47: Muhammad: 4, that prisoners of war were to be set free, "either by an act of grace or against ransom" 25, the Qur'an virtually abolished slavery since "The major source of slaves - men and women - was prisoners of war" 26. Because the Qur'an does not state explicitly that slavery is abolished, it does not follow that it is to be continued, particularly in view of the numerous ways in which the Qur'an seeks to eliminate this absolute evil. A Book which does not give a king or a prophet the right to command absolute obedience from another human being could not possibly sanction slavery in any sense of the word.
The greatest guarantee of personal freedom for a Muslim lies in the Qur'anic decree that no one other than God can limit human freedom 27 and in the statement that "Judgment (as to what is right and what is wrong) rests with God alone" 28. As pointed out by Khalid M. Ishaque, an eminent Pakistani jurist:
The Qur'an gives to responsible dissent the status of a fundamental right. In exercise of their powers, therefore, neither the legislature nor the executive can demand unquestioning obedience...The Prophet, even though he was the recipient of Divine revelation, was required to consult the Muslims in public affairs. Allah addressing the Prophet says: "...and consult with them upon the conduct of affairs. And...when thou art resolved, then put thy trust in Allah" 29.
Since the principle of mutual consultation ("shura") is mandatory 30, it is a Muslim's fundamental right, as well as responsibility, to participate in as many aspects of the community's life as possible. The Qur'anic proclamation in Surah 2: Al-Baqarah: 256, "There shall be no coercion in matters of faith" 31 guarantees freedom of religion and worship. This means that, according to Qur'anic teaching, non-Muslims living in Muslim territories should have the freedom to follow their own faith-traditions without fear or harassment. A number of Qur'anic passages state clearly that the responsibility of the Prophet Muhammad is to communicate the message of God and not to compel anyone to believe 32. The right to exercise free choice in matters of belief is unambiguously endorsed by the Qur'an 33 which also states clearly that God will judge human beings not on the basis of what they profess but on the basis of their belief and righteous conduct 34, as indicated by Surah 2: Al-Baqarah: 62 which says:
Those who believe (in the Qur'an) - And those who follow the Jewish (scriptures), - And the Christians and the Sabians, - Any who believe in God - And the Last Day, - And work righteousness, - Shall have their reward - With the Lord: on them - Shall be no fear, nor shall they grieve. 35
The Qur'an recognizes the right to religious freedom not only in the case of other believers in God, but also in the case of not-believers in God (if they are not aggressing upon Muslims) 36.
In the context of the human right to exercise religious freedom, it is important to mention that the Qur'anic dictum, "Let there be no compulsion in religion" 37 applies not only to non- Muslims but also to Muslims. While those who renounced Islam after professing it and then engaged in "acts of war" against Muslims were to be treated as enemies and aggressors, the Qur'an does not prescribe any punishment for non-profession or renunciation of faith. The decision regarding a person's ultimate destiny in the hereafter rests with God.
The right to freedom includes the right to be free to tell the truth. The Qur'anic term for truth is "Haqq" which is also one of God's most important attributes. Standing up for the truth is a right and a responsibility which a Muslim may not disclaim even in the face of the greatest danger or difficulty 38. While the Qur'an commands believers to testify to the truth, it also instructs society not to harm persons so testifying 39.
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E. Right to Acquire Knowledge
The Qur'an puts the highest emphasis on the importance of acquiring knowledge. That knowledge has been at the core of the Islamic world-view from the very beginning is attested to by Surah 96: Al'Alaq: 1-5, which Muslims believe to the first revelation received by the Prophet Muhammad.
Asking rhetorically if those without knowledge can be equal to those with knowledge 40, the Qur'an exhorts believers to pray for advancement in knowledge 41. The famous prayer of the Prophet Muhammad was "Allah grant me Knowledge of the ultimate nature of things" and one of the best known of all traditions ("ahadith") is "Seek knowledge even though it be in China."
According to Qur'anic perspective, knowledge is a prerequisite for the creation of a just world in which authentic peace can prevail. The Qur'an emphasizes the importance of the pursuit of learning even at the time, and in the midst, of war 42.
F. Right to Sustenance
As pointed out by Surah 11: Hud: 6, every living creature depends for its sustenance upon God. A cardinal concept in the Qur'an - which underlies the socio-economic-political system of Islam - is that the ownership of everything belongs, not to any person, but to God. Since God is the universal creator, every creature has the right to partake of what belongs to God 43. This means that every human being has the right to a means of living and that those who hold economic or political power do not have the right to deprive others of the basic necessities of life by misappropriating or misusing resources which have been created by God for the benefit of humanity in general.
G. Right to Work
According to Qur'anic teaching every man and woman has the right to work, whether the work consists of gainful employment or voluntary service. The fruits of labour belong to the one who has worked for them - regardless of whether it is a man or a woman. As Surah 4: An-Nisa': 32 states:
...to men - Is allotted what they earn, - And to women what they earn 44
H. Right to Privacy
The Qur'an recognizes the need for privacy as a human right and lays down rules for protecting an individual's life in the home from undue intrusion from within or without 45.
I. Right to Protection from Slander, Backbiting, and Ridicule
The Qur'an recognizes the right of human beings to be protected from defamation, sarcasm, offensive nicknames, and backbiting 46. It also states that no person is to be maligned on grounds of assumed guilt and that those who engage in malicious scandal-mongering will be grievously punished in both this world and the next 47.
J. Right to Develop One's Aesthetic Sensibilities and Enjoy the Bounties Created by God
As pointed out Muhammad Asad, "By declaring that all good and beautiful things to the believers, the Qu'ran condemns, by implication, all forms of life-denying asceticism, world- renunciation and self-mortification.48 In fact, it can be stated that the right to develop one's aesthetic sensibilities so that one can appreciate beauty in all its forms, and the right to enjoy what God has provided for the nurture of humankind, are rooted in the life-affirming vision of the Qur'an.49
K. Right to Leave One's Homeland Under Oppressive Conditions
According to Qur'anic teaching , a Muslim's ultimate loyalty must be to God and not to any territory. To fulfill his Prophetic mission, the Prophet Muhammad decided to leave his place of birth, Mecca, and emigrated to Medina. This event ("Hijrah") has great historical and spiritual significance for Muslims who are called upon to move away from their place of origin of it becomes an abode of evil and oppression where they cannot fulfill their obligations to God or establish justice.50
L. Right to "The Good Life"
The Qur'an uphold the right of the human being only to life but to " the good life ". This good life, made up of many elements , becomes possible when a human being is living in a just environment. According to Qur'anic teaching, justice is a prerequisite for peace, and peace is a prerequisite for human development. In a just society, all the earlier-mentioned human rights may be exercised without difficulty. In such a society other basic rights such as the right to a secure place of residence, the right to the protection of one's personal possessions, the right to protection of one's covenants, the right to move freely, the right to social and judicial autonomy for minorities, the right to the protection of one's holy places and the right to return to one's spiritual center, also exist 51.
Excerpted from a paper written by Dr. Riffat Hassan, "Are Human Rights Compatible with Islam?". Dr. Hassan is a Professor in Humanities (Religious Studies) at University of Louisville, Kentucky.
Source- IslamiCity.com
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