Islam and “Human Rights”
The term “human rights” or huqooq al-insaan is not found in either the Quran or Hadith, although the word haqq or “right” can be found throughout both of them. Similarly, Islam, like other so-called “premodern” systems, faces a standard critique of emphasizing “obligations” rather than rights. However, there is a well-known expression among Muslim scholars that says that “there shall be no dispute over an issue of semantics.” The important point is whether there are aspects that Islam established that can be considered comparable to what many today would call “human rights.” In this author’s view, there is no question that there are such “rights” sanctioned by the Quran and Sunnah.

At the same time, though, not every “right” that people claim to be a human right today is sanctioned in Islam. Instead, what one will find is that there are a large number of contemporary “human rights” that Islam accepted and established over fourteen hundred years ago. At the same time, though, there are some fundamental differences between Islam’s “human rights” and the contemporary human rights platform. These differences also need to be highlighted. (Incidentally, these differences may also be looked upon as the unique features of an Islamic view of “human rights” or they may be looked upon as ways in which Islam is “incompatible” with contemporary human rights theory.)

There have been a plethora of books written by Muslims that discuss, some in great detail, the rights that Islam has given humankind. In fact, conferences have been held  and documents have been produced outlining the Islamic version of universal human rights. Obviously a discussion of that nature is not the purport of this work.  The present work is more concerned with “fundamental” issues. Thus, this chapter will be restricted to discussing some of the fundamental issues related to “human rights” and Islam, in particular answering some of the same questions that were raised last chapter concerning the human rights paradigm,


such as:
The justification for human rights
What should be considered a human right
The paradox of human rights
Human rights between theory and practice

Before discussing any of those questions, it is important to understand the general purpose of the Law (Shareeah) in Islam. The nature of the Law in Islam is actually directly related to the understanding of “human rights” in Islam.


A Basic Perception of the Shareeah (Islamic Law)
According to Muslim belief, Islamic Law or the Shareeah  has been revealed for the benefit and betterment of humankind. The Shareeah is not meant to be a burden upon humankind. In fact, there is no concept in Islam of making oneself suffer or undergo extreme burdens as a means of worship of God. One does sacrifice for God’s sake but one does not intentionally harm  oneself as a means of getting closer to God. In fact, Allah has said, “[He] has not laid upon you any hardship in the religion” (al-Hajj 78), and “Allah does not intend to make difficulty for you, but He intends to purify you and complete His favor upon you that you may be grateful” (Al-Maaidah 6).

It is important for the reader to have a familiarity with the Muslim’s concept of the Shareeah. This will shed some light on a Muslim’s attitude toward this Law vis-à-vis the human rights paradigm. Unless a non-Muslim is fully aware of some of these aspects, he or she will not be able to fully comprehend the Muslim’s respect for the Shareeah and, in turn, the Muslim’s view toward abandoning it and accepting any other approach to life.

The Islamic view of the Shareeah can be understood in the light of numerous verses of the Quran. For example, in the Quran, Allah says about Himself, “He has prescribed for Himself mercy” (al-Anaam 12) and, “Your Lord has prescribed for Himself mercy” (al-Anaam 54). These two verses, among many others, make it clear that Allah is Merciful. In particular, His sending of the Prophet Muhammad (peace and blessings of Allah be upon him) and his message was an act of mercy on His part, as Allah says, “We have not sent you [O Prophet] except as a mercy for the worlds”(al-Anbiyaa 107).

It is therefore inconceivable that the Shareeah does not grant humans the rights that they deserve. That would not only not be mercy, that would be injustice on God’s part. Thus, Allah says about the Quran that He revealed to the Prophet Muhammad (peace and blessings of Allah be upon him), “Verily this Quran guides to that which is most right” (al-Israa 9).

In describing the Prophet Muhammad, once again, in particular, Allah says, “Those who follow the Messenger, the unlettered prophet, whom they find written in what they have of the Torah and the Gospel, who enjoins upon them what is right and forbids them what is wrong and makes lawful for them the good things and prohibits for them the evil and relieves them of their burden and the shackles which were upon them” (Al-Araaf 157). Clearly, the Prophet’s message is that of fulfilling what is right, allowing all good and pure things, making things easier upon the people by removing improper burdensome laws and remaining away from evil. Once again, certainly all good “rights” must have been embodied in what the Prophet (peace and blessings of Allah be upon him) espoused while all extreme and harmful “rights” must be among those wrongs that the Prophet repelled.


Thus, one starts with this foundation:
The Shareeah is a manifestation of God’s mercy—God who is the all-Wise, all-Knowing Creator of this cosmos. Who, other than God, the Compassionate Creator, truly knows what humans need and what is best for them? Allah actually reminds all humans of this fact when He said, “Should He not know, He that created? And He is the One that understands the finest mysteries (and) is well-acquainted (with them)” (al-Mulk 14). In fact, no one can make a better decision for humans than Allah. Thus, He informs humankind: “Do they then seek after a judgment of (the Days of) Ignorance? But who, for a people whose faith is assured, can give better judgment than Allah?” (al-Maaidah 50).

Incidentally, it should be noted that Mayer lambasts the idea of holding Revelation above human reasoning. In fact, this is one of her main critiques of those who drew up the Islamic human rights declarations.  The entire tenor of her passage points to her considering this attitude toward revelation as a weakness in the Islamic schemes. At the same time, though, at no time did she ever demonstrate that reason should be given priority over revelation. It was as if she was simply preaching to the choir and expecting the readers to join along with her that reason must take precedence over revelation.

On the other hand, there is a very solid logical basis for giving revelation from God precedence over human reasoning. Allah reminds humans of a very important point, a point that is directly related to the question of human rights and how human rights should be determined. Allah says in the Quran, “Fighting has been enjoined upon you while it is hateful to you. But perhaps you hate a thing and it is good for you; and perhaps you love a thing and it is bad for you. And Allah Knows, while you know not”(Al-Baqarah 216). This verse is a stark reminder concerning the weaknesses of humans. Humankind’s knowledge of the reality and secrets of this universe is admittedly limited. Furthermore, human vision is repeatedly obscured by biases and desires. Hence, it is not unlikely that humans may determine a thing to be good while in reality it is very harmful and vice-versa.

Furthermore, one of the main goals of sending messengers and revelations is the establishment of justice in this world, free of the biases and deviations of humans. Allah has clearly stated, “We have already sent Our messengers with clear evidences and sent down with them the Scripture and the balance that the people may maintain [their affairs] in justice”(al-Hadeed 25).But that could only be the case if said messengers and revelations were providing for humans the rights and opportunities that they truly deserve—nothing more and nothing less, as anything else would be the essence of injustice.

In fact, throughout the Quran, Allah has explicitly stated that He has ordered the establishment of justice: “Allah commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that you may receive admonition” (al-Nahl 90). Repeatedly, Allah commands the believers that they must stand up for justice, even if it be against their own wishes or against the interests of those closest to them: “O you who have believed, be persistently standing firm in justice, witnesses for Allah , even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So follow not [personal] inclination, lest you not be just” (al-Nisaa 135); “O you who have believed, be persistently standing firm for Allah , witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness. And fear Allah; indeed, Allah is Acquainted with what you do”(al-Maaidah 8).

Furthermore, one of the negations of justice, corruption, has been explicitly prohibited via many verses of the Quran. Note, “So fulfill the measure and weight and do not deprive people of their due and cause not corruption upon the earth after its reformation. That is better for you, if you should be believers” (al-Araaf 85). In fact, in numerous verses one can find the command: “Do not commit abuse on the earth, spreading corruption” (al-Baqarah 60; al-Araaf 74; Hood 85; al-Shuaraa 183; al-Ankaboot 36).

Thus it is clear from the texts of the Quran itself that the Islamic message has been sent as a mercy from God that seeks to establish justice and righteousness in this world and it is not simply a message concerning another world or “heavenly Kingdom,” as the Christians would describe it. In sum, the Islamic argument is that there cannot be anyone better than God to lay down rights and obligations that are just and fitting for human beings.

This aspect of the Shareeah has been well recognized by Muslims throughout their history. In fact, when asked by the Emperor of Persia what brought the Muslims to their lands, two different Companions answered in similar terms: “Allah has sent us to take whoever wishes from the servitude of mankind to the servitude of Allah and from the tightness of this world to its expanse and from the injustice of the ways of life [in this world] to the justice of Islam.”

The Muslim scholars thus recognized the fact that the ultimate purpose of humans was to worship God and abide by His Guidance. Yet, at the same time, this meant following a path that was best for the human in this world as well as the Hereafter. Hence, in Islamic thought, there is no dichotomy between what is good for the Hereafter or for this world—not like the struggle between the flesh and the soul found in Christianity.  Since the law was revealed for the betterment of humankind, it follows that the actions of humans should also be for the betterment of humans.

In fact, Muslim scholars went beyond this point and argued that every point of law in the Shareeah is in humankind’s best interest (maslahah).


Thus, ibn al-Qayyim, who died in 1350, stated,
If you examined the laws of His religion that He has prescribed for His servants, you will find that none are other than achieving a pure maslahah (interest, welfare) or a predominant one whenever possible—and when there is a conflict between them, allowing for the greater or more important one, even if the lesser one is lost—or the ending of a pure mafaasid(evil, harm) or a predominant one whenever possible—and if there is some conflict between them, the ending of the greater evil, even if it means bearing a lesser one.   

On this basis has the Most Just of Judges laid down the laws of His faith, pointing to it, witnessing by it to His perfect knowledge and wisdom and His kindness to His Servants and His goodness to them. This generality is not doubted by anyone who has had the slightest taste of the Shareeah and has been fed from its breast or has been provided to drink from its cistern. The more one becomes experienced in it, his witnessing of its goodness and maslahah becomes more complete…   

If one reflects in the proper way upon the Shareeah with which Allah sent His Messenger, he will find that from its beginning to its end, it is witnessing to this fact and explicitly stating it. He will find wisdom, maslahah, justice and mercy clearly exhibited on each of its pages, calling to them and calling the intelligent and wise people to those principles…

Ibn al-Qaayim points to this aspect of the Shareeah as being one of its greatest miracles and pointing to it coming from God alone.


He wrote,
It is most amazing that a person can allow himself to reject the wisdom, causative legal reason and maslahah that are included in this complete Shareeah, which is part of the greatest evidence testifying to the veracity of the one who came with it and the fact that he was truly the Messenger of Allah. Had he been given no other miracle than that, it would have been sufficient and satisfying. What it contains of wisdom, maslahah, praiseworthy ends and sound results all witness that the One who legislated and revealed this is the Best of all Judges and the Most Merciful of the merciful.  The witnessing of that in its contents and meanings is like what is witnessed of the wisdom, maslahah and benefits that are found in the highest and lowest forms of creation as well as what is between them of animals, vegetation, elements and remnants by which the needs of living are ordered.

This attitude toward the jurists have continued to this day. In the last century, the famed Egyptian scholar Muhammad Abu Zahrah wrote, “This point [that maslahah is the basis of the Law] is an accepted principle agreed upon by all Muslim jurists. None of them said that the Islamic Shareeah came with an order that was not consistent with the maslahah of humankind. Also, none of them said that that there is something harmful in the laws and rulings that have been legislated for the Muslims.”

Building on the fact that the Law intends maslahah or public well-being and by what could be described as “juristic induction,” the Islamic legal scholars determined that the Shareeah had some very specific primary goals. In essence, the main body of laws were pointing to the establishment, protection and perfection of what became known as “the necessities of life” : religion, life itself, mental capacity, wealth and familial ties.  The scholars also concluded that these necessities and priorities of life come in the order just presented. That is, even among these necessities, some are given priorities over others.

This conclusion about Islamic Law demonstrates that what Islam envisions as the “good life” for humans, filled with proper rights and human dignity, may be very different from that envisioned by the contemporary human rights paradigm. For example, religion being given the highest priority, over that of life, demonstrates that Islam considers life without the sound religion is not a true life indeed. Contemporary human rights advocates have definitely argued that their determined human rights must take precedence over any religion, as was discussed earlier.

On the other hand, the recognition of these five goals of the Shareeah should be important to human rights advocates as they demonstrate a clear recognition of rights on the part of human beings. It is the role and responsibility of the Muslim state, community and individuals to attempt to fulfill these necessities for everyone in the same way that the Law is setup to assist in the fulfillment of these necessities. Furthermore, many of these goals are similar to some of the demands of the human rights paradigm. In fact, an example shall be given later related to “the family,” which can be considered one of the five necessities and which is also explicitly mentioned in the international documents on human rights.

An additional important point that human rights advocates have yet to grapple with completely is also highlighted in the concept of the goals of the Shareeah. These goals of the Shareeah are also about limitations, not just about freedoms and rights. In other words, these goals need to be protected. They cannot be truly protected unless acts that may harm them are prohibited or greatly limited. In this light, one can understand the Shareeah prohibition of alcohol and all other intoxicants. This prohibition, which one could consider a restriction on an individual’s right to consume whatever he wishes, is a needed protection for human life as a whole. Thus, in one of the first revelations concerning alcohol, leading up to its eventual complete prohibition, Allah says, “They ask you about wine and gambling. Say, ‘In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit’” (al-Baqarah 219). One look at American society will allow one to understand how this prohibition—or restriction on freedom—is a must for the protection of others’ human rights. One need only think about the countless automobile accidents that are the result of drunk driving , the numerous cases of domestic violence that are the result of alcoholism, the early deaths and diseases accompanied with alcohol, the lost children of alcohol dependent families and so forth all demonstrate that this prohibition from the Shareeah is a great mercy for the entire society. This is the important other side of the question that human rights advocates fail to deal with adequately. One cannot simply be concerned about rights without be just as concerned with restrictions—and not simply restrictions only when they most immediately and direct violate another’s rights, as is usually the case with human rights thinking.

The difference between the Islamic approach and the human rights paradigm is that Islam must be open and clear about these prohibitions while the human rights paradigm, since it is about rights, cannot. Thus one finds those bold statements about “absolute freedoms” while in reality none of them can be absolute freedoms. Islam is not about absolute freedoms. Islam has set out some very clear goals for humankind and in the line of those goals has restricted many so-called rights and freedoms, such as sexual freedoms, freedom of speech and expression and the like.