Human Rights: A Central Objective of Islam
Introduction: The True Nature of Islam’s Message
Islam did not come only to guide people to happiness in the Hereafter. Neither did it come to direct them in their spiritual development while leaving their worldly lives in disarray, without any concern for developing and bettering the world, as claimed by some ignorant people and those who deliberately wish to misrepresent Islam.
Islam came to guide people to all that is best for them in this world and the next and to combat all forms of corruption in people’s worldly lives. Its purpose is not restricted to correcting our worship and our spiritual affairs.
All of God’s messengers were focused on dispelling corruption and falsehood in matters of religious belief, worship, and worldly affairs alike, matters concerning the rights of Allah as well as those concerning the rights of the people. All religions have this in common.
Prophet Saleh said to his people: “And do not obey the order of the transgressors, who cause corruption in the land and do not make amends.” [Sūrah al-Shu`arā’: 151-152]
Shuaib said to his people: “Give full measure and do not be of those who cause loss. And weigh with an even balance. And do not deprive people of their due and do not commit abuse on earth, spreading corruption.” [Sūrah al-Shu`arā’: 181-183]
We see this clearly with Moses. We read in the Qur’an: “And Moses said to his brother Aaron, ‘Take my place among my people, do right [by them], and do not follow the way of the corrupters.’” [Sūrah al-A`rāf: 142]
God addresses Moses and his brother in the Qur’an, saying: “Go to Pharaoh and say, ‘We are the messengers of the Lord of the worlds, that you send with us the Children of Israel.’” [Sūrah al-Shu`arā’: 16-17]
Moses said to Pharaoh, condemning his enslavement of the Children of Israel: “And is this a favor of which you remind me – that you have enslaved the Children of Israel?” [Sūrah al-Shu`arā’: 22]
Every messenger of God strived to establish among his people the values and habits that are needed for their welfare. They suffered greatly in combating oppression, corruption, and persecution. The struggled to establish justice and to liberate people from every form of servitude to other than God.
It would be no exaggeration to say that seeking happiness in the Hereafter cannot be accomplished without bettering the world, upholding wholesome values, protecting people’s rights, fighting against baseness, protecting what is proper, and defending the truth. Those who bring ruin upon the lives of others consequently ruin their own lives in the Hereafter.
The way to ensure the good in the next life, without doubt, requires ensuring the good of this life by establishing justice, ensuring people’s rights, and preventing oppression.
It is true that Islam calls its followers to asceticism. However, this does not mean that they should refrain from supporting the oppressed, establishing justice, and ensuring that people get all that they are rightly due. Aloofness from the world does not mean that people should leave their lives in disorder. It does not mean that they should seclude themselves in the mosques and cut themselves off from everything other than worship. What it means is that they should not let the preoccupations of this life distract them from doing what is necessary to achieve success in the next, which includes fighting oppression, establishing justice, and upholding people’s rights. One of the aspects of a Muslim’s asceticism is to waive the rights they have over others, especially when those others are unable to fulfill their obligations. This is leniency. Other aspects of true asceticism are to be unselfish, to shun ostentatious displays of wealth, and to avoid vanity, arrogance, and hubris.
True asceticism requires giving preference to others, and this means a willingness to make sacrifices for the sake of truth and justice, to uphold wholesome values and preserve noble social norms. All of this contributes to the betterment of human life.
When Islam came, it fought against every form of oppression, corruption, wantonness, and slavery that had endured for centuries. Just like Islam fought against moral corruption, it also fought against economic, intellectual, and governmental corruption. Islam is completely innocent of the backwardness and weakness that has beset the Muslim world and brought shame to its people.
Al-Shātibī writes:
It is affirmed that the Lawgiver’s purpose in legislating is to promote human welfare in this world and the next, so that considerations of welfare are never systematically compromised in any general or particular sense, regardless of whether the consideration of welfare is a necessity, need, or refinement of life. Had it been set forth in a way that its system or legal rulings could ever possibly compromise those considerations, then the legislation would not have been set forth for that purpose, because being a cause of human welfare in that case would be no more likely than being a cause of harm. However, it is the Lawgiver’s purpose that the laws are categorically for considerations of human welfare, so that the legislation will always be for that purpose under all circumstances and for all time, generally for every legal obligation and legally accountable person in every situation. This is, indeed, how we find it to be. [al-Muwāfaqāt (2/62)]
Ibn Taymiyah writes:
The people’s affairs in the world are better off when there is justice mixed with some sin then where there is oppression and the denial of rights in the absence of sin. This is why it is said that God will support the just state even if it is an unbelieving state, but God will not support the oppressive state even if it is a Muslim state. It is also said that the world can keep going when there is justice and disbelief, but it cannot keep going when there is oppression, even if it is with Islam. The Prophet said: “No sin is more swiftly punished than oppression and breaking off family ties.” The oppressor’s punishment is hastened on in this world, whether or not he is forgiven or shown leniency in the Hereafter. This is because justice is what gives everything its proper order, so if the affairs of the world are established upon justice, then everything runs smoothly, even if the people involved have no share in the Hereafter. Likewise, whenever justice is not established, worldly affairs do not run smoothly, even if the people involved possess faith that will avail them in the Hereafter.
2. Consideration of Human Rights in the Context of Islam’s Objectives
The objectives of Islamic Law are “the meanings and aspects of wisdom that can be discerned from the Lawgiver in all or most aspects of legislation.” [The Objectives of Islamic Law, (50)]
Anyone who undertakes a thorough investigation of the revealed texts will conclude with certainty that Islamic Law is concerned with human rights and human welfare, in order that people can live wholesome, well-balanced lives. God says in the Qur’an: “And we did not send you (O Muhammad) except as a mercy to all peoples.” [Sūrah al-Anbiyā’: 107]
Likewise, Prophet Muhammad said: “God only shows mercy to His servants who show mercy.” and: “Show mercy to those who are on Earth and the one in Heaven will show mercy to you.”
Once, when eggs was taken away from a bird’ nest, the Prophet heard the mother’s cries and said: “Who has hurt this bird’s feelings by taking her young? Return them to her.”
There are many verses in the Qur’an that enjoin justice, fair dealings, kindness and mercy upon the people. Just a few of these are as follows:
“We have already sent Our messengers with clear proofs and sent down with them the Scripture and the balance that the people may maintain [their affairs] in justice.” [Sūrah al-Hadīd: 25]
“O you who believe! Stand out firmly for God, as witnesses to fair dealings. And let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety: and fear God. For God is well-acquainted with all that you do.” [Sūrah al-Mā’idah: 8]
“And do not let the hatred of a people for having obstructed you from the Sacred Mosque lead you to transgress.” [Sūrah al-Mā’idah: 2]
“And when you speak, speak justly.” [Sūrah al-An`ām: 152]
“Indeed, God enjoins justice and kindness, and giving to kinsfolk…” [Sūrah al-Nahl: 90]
“And when you judge between people, judge justly.” [Sūrah al-Nisā’: 58]
Likewise, the sacred texts frequently warn against injustice, transgression, and oppression, and call to the sanctity of human life and warn against showing disregard for it.
“We decreed upon the Children of Israel that whosoever kills a human being for other than [justice against] murder or corruption in the earth, it shall be as if he had killed all humanity, and whoso saves the life of one, it shall be as if he had saved the life of all humanity.” [Sūrah al-Mā’idah: 32]
“Do not transgress. God does not love the transgressors.” [Sūrah al-Baqarah: 190]
“Cause no corruption on the Earth after it has been set in order.” [Sūrah al-A`rāf: 85]
“The blame is only against those who wrong the people and tyrannize upon the Earth without right. Those will have a painful punishment.” [Sūrah Shūrā: 42]
“O you who believe! Do not consume one another’s wealth unjustly” [Sūrah al-Nisā’: 29]
Prophet Muhammad said: “There shall be no harm or causing of harm.”
He also said: “Whoever cheats us is not one of us.”
There can be no dispute about the imperative for justice in Islam, since Islam has honored humanity and human concerns. God says in the Qur’an: “And We have certainly honored the children of Adam and carried them on the land and sea and provided for them of the good things and preferred them over much of what We have created, with marked preference.” [Sūrah al-Isrā’: 70]
“O children of Adam, We have bestowed upon you clothing to conceal your private parts and as adornment. But the clothing of righteousness – that is best. That is from the signs of Allah that perhaps they will remember.” [Sūrah al-A`rāf: 26]
After establishing this fact, we can turn our attentions to the consideration of human rights and human welfare in the context of the objectives of Islamic Law. Scholars have determined that the objectives of Islamic Law can be categorized in this regard on three levels: necessities, needs, and refinements of life.
Necessities are those things which are indispensible for the proper functioning of people’s religious and worldly lives. If they are absent, life cannot function properly. The consequence of their absence is corruption, disorder, and loss of life in this world, and the loss of salvation in the Hereafter. The five universal necessities that Islam seeks to protect are: religion, life, reason, lineage, and property.
We should note that apart from the first, which is religion, all of the universal needs deal with securing people’s welfare and rights in their worldly lives.
| Universal Necessity | Islamic Legislation | Examples |
| Preservation of religion | 1. Actions that result in establishing and spreading the faith 2. Prohibiting what leads to its weakness or loss | Defense of the realm; enjoining the good and forbidding evil; giving advice; warning against sin; prohibiting innovations; the ruling for apostasy |
| Preservation of life | 1. Emphasizing safeguarding life and saving lives 2. Prohibition of transgressing against life | The reward for feeding the hungry; the reward for saving a life being equal to that of saving all humanity; the prohibition of suicide; the prohibition of murder and aggravated assault; the law of retribution and compensation |
| Preservation of reason | 1. Promotion of what ensures mental health 2. Prohibition of what harms or compromises the mental faculties | The encouragement of thinking and contemplating God’s signs; the requirement of education; the prohibition of intoxicants and drugs; the prohibition of magic and fortune-telling |
| Preservation of lineage | 1. Encouraging family 2. Prohibiting what prevents lineage | The encouragement of marriage; the reward for raising children; prohibition of celibacy; prohibition of infanticide; prohibition of fornication |
| Preservation of property | 1. Legitimating what brings it about and safeguards it 2. Prohibiting what leads to its loss | Encouragement of living off the fruits of one’s own labor; the permissibility of defending one’s property; guardianship over the property of minors; prohibition of wasteful spending, prohibition of the destruction and misappropriation of wealth; prohibition of fraud |
These are followed by the objectives of Islamic Law focusing on human needs. These are realized by the laws that focus on facilitating matters for people and removing hardships and difficulties. There are many examples of this kind of legislation found in the concessions of Islamic Law, like shortening prayers, eating unlawful meat due to necessity, and wearing silk for medical reasons. It should be noted that the absence of such legislation would not lead to the loss of any of the five universal necessities of life, but it would result in severe hardships for the people.
These are followed by the objectives of Islamic Law focusing on the refinements or niceties of life. These are the cultivation of the best practices and avoidance of what is inappropriate. These matters are addressed in the laws relating to higher moral standards and proper conduct. These include the rulings relating to cleanliness, table manners and the like. Luqman’s advice to his son in the Qur’an provides many examples of this kind of legislation.
3. Human Rights in Islam Necessitate Justice, Not Absolute Equality
The terms “justice” and “equality” have distinctly different meanings. They are not synonymous like some people suppose. Absolute equality is not just. Justice requires inequality between individuals in some cases, whenever the disparity between those individuals necessitates making a distinction between them.
Making distinctions between individuals who are similar is injustice. Justice dictates that they should be treated the same. Likewise, treating people equally who are markedly different – in the areas and circumstances wherein they differ – leads to denying the rights of some and showing favoritism to others.
Yet, it is important to note that the standards for making a distinction between people regarding a right or a law or a duty, they are legal standards that have a very narrow scope of application. There are many distinctions that people recognize and use as a basis for their discriminatory legislation and customary practices which Islam rejects and warns against in the strongest of terms, with the treat of punishment in the Hereafter. These include the false differences of race, lineage, skin color, influence, and wealth.
However, Islam does make a distinction between someone who is knowledgeable of a legal ruling and someone who is ignorant of it. The first is taken to task for violating the law while the second is pardoned. Likewise, men and women are not the same with respect to some legal obligations that require physical strength above what is usually commensurate with a woman’s abilities and role in life.
I am well aware that many people who raise the slogan of equality and consider it to be an essential human right do not mean absolute equality that disregards people’s differing circumstances. They agree that the principle of equality does not apply in certain situations. For instance, people with special needs are given priority to those who are healthy, in consideration of their circumstances. Healthy people are not treated equally. In fact, they are punished it they try to take any of the handicapped people’s privileges. No one tries to claim that the preference given to the handicapped contradicts with the principle of equality.
This is good and well. However, in other circumstances, they apply the principle of equality between individuals in spite of the existence of differences between them that justify making distinctions between them, and where the dictates of justice require doing so. This is a dangerous error. Socialism is based upon the unjust principle of insisting upon equality in everything.
This provokes the philosophical question: Is social justice based on equality or inequality? Some people see it as being based upon equality, that true justice means everyone has the same rights and responsibilities before the law, and any discrimination between people is injustice. Philosophers of natural rights and philosophers of the social contract defend this idea, as do socialists. They argue that justice requires equality in rights and responsibilities due to the shared nature of all people. Since people are equal in every way, justice demands respecting this equality.
Those who uphold this idea are idealists in their claim of absolute equality which contradicts with reality. Inequality is an natural part of human existence. People are not exact copies of each other and they are not similar in every way. Individual differences are proof of this. Consequently, equality can be unjust by failing to respect these natural individual differences.
There are those who base social justice upon inequality. However, the inequality that they take into consideration is based on bigotry, prejudice, and social stratification. It is startling to find that this tendency has its philosophical supporters, ancient and modern. Among ancient philosophers, Plato divided society into three classes: the philosophers, guardians, and workers. These classes corresponded to the three levels of the soul: the rational soul, the spirited soul, and the appetitive soul. This classification refers to the differences between people in their abilities, knowledge, and virtue. Justice, according to Plato, must respect these class differences, and it is the state’s duty to acknowledge these differences and distribute rights according to each person’s position.
Aristotle regarded inequality as natural law, whereby people are naturally unequal in their abilities, their willingness to work, and the value of their labor. This, in turn, demands inequality in their entitlements. It is not necessary for those who are equal to have unequal shares, nor for people who are unequal to have equal shares.
Among modern philosophers, Hegel (1770-1831) affirmed the principle of inequality between nations. He argued that the powerful nation is the one which deserves to possess all rights and have control over the world since it is the best nation, and it is the duty of other nations to submit to the powerful one. Nietzsche (1844-1900) held the same ideas, arguing that individual inequality is an undeniable fact. He divided society into two classes: masters and slaves. Masters have their moral norms and rights, while salves have their moral norms and duties.
However, it should be noted that the differences they use to justify inequality relies upon faulty logic. Distinctions between people in their rights, duties, and specific legislations cannot be left to mere personal opinion. If left unchecked, this would lead to the pursuit of vested interests, abuse, and the imposition of a caste system on the people, as we have seen in the above examples.
Since the final authority in Islamic Law is the Qur’an and Sunnah, these sources are referred to resolve disagreements. God says in the Qur’an: “And if you disagree over anything, refer it to God and the Messenger, if you believe in God and the Last Day.” [Sūrah al-Nisā’: 59] As a result, God’s law becomes the authority for determining when equality should apply, as well as those cased where it should not, which is only in cases where equality would lead to injustice and oppression.
As a consequence, the sacred texts call to justice and not to equality, like when the Prophet Muhammad said: “Fear Allah, and be just between your children.” Commanding justice is more accurate and precise than commanding equality, since equality in some cases leads to injustice and can obscure people’s legitimate needs.
Source: en.islamtoday.net (Aug.20, 2014)
