Human Rights: A Comparison of the Western and Islamic Views and
Practices:
The declaration of human rights, a result of the French Revolution, was
completed on 26 August 1789. The two fundamental doctrines which gave the
declaration its force as the gospel of the Revolution were those of the natural
rights of man and national sovereignty. The natural rights stated in the preamble
were held as inalienable and sacred, because they were considered to be
inherent to human nature. These rights were defined in the article II as those
to liberty, property, security, and the right to resist oppression. Liberty included two aspects, individual liberty and the freedom of opinion. Freedom of
speech, liberty of press and expression of religious opinions were secured in
articles X and XI. Though article I proclaimed all men to he equal in rights,
it did not assert their political or social equality. As the French Revolution
was mainly led by the business class which had grievances against the feudal
class, the authors of the declaration were perhaps not ready to grant equal
political rights to all classes. However, clauses VII-IX secured the principle
of equality before law, while clauses VI and XIII established the principles of
civic and fiscal equality. (6)
In order to understand the loopholes in this declaration, we have to discuss at
some length how the various types of rights are distinguished from one another.
In general, a right is defined as a claim or title to anything that can be
enforced, or a claim to act, possess or enjoy anything, or the use thereof; it
may exist in the nature of a privilege or power. A right in the legal sense is
"that which one has a legal claim to do; legal authority, immunity granted
by authority". The existence of a legal right implies the existence of
legal remedy; for one does not exist without the other. (7) Civil rights are
those which appertain to citizenship and which may be enforced or redressed by
a civil action. These are divided into absolute and relative rights. Absolute
rights are supposed to be inherent to humanity, under which are placed rights
of personal security, mobility, honour, health, and enjoyment. Relative civil
rights include those which subsist between the people and the government, such
as the people's right to protection at the hands of the government; the right
of allegiance, which is due to the government at the hands of the people; the
rights of husband and wife, parent and child, guardian and ward, master and
servant, reciprocally. Right is co-existent with authority or government, and
both are inherent to man. According to Bouveir rights precede government, or
the establishment of States. Johnson holds that a civil right is accorded to
every member of a distinct community or nation, while a political right is
exercisable in the administration of government, such as the right to vote in
elections. Bouvier says that certain apparently natural rights may not be
actual, such as rights of privacy. (8)
Another step towards declaration of human rights was taken by the United
Nations on 10 December 1948. The General Assembly passed the Universal
Declaration of Human Rights, also known as an international Magna Carta. It
enumerates the specific rights to life, liberty, and security of person;
freedom from arbitrary arrest, detention, and exile; fair and public trial by
an independent impartial tribunal; freedom of thought, religion, and conscience;
freedom of peaceful assembly and association; and the rights to social
security, work, education and participation in the life of an artistic and
scientific community were added to them later. (9)
The civilized Western world had to go a long way to reach a universal
declaration of human rights. Despite a lapse of one and a half centuries after
the French declaration of human rights, the U.N. declaration falls short of
ensuring equal rights of people of different race and colour as well as ideological
and religious freedom for all the nations of the world, particularly those of
the Third World, which have no safeguard against their economic, cultural and
political exploitation by the so-called advanced nations. Interpretation of
terms like freedom, human rights and sovereignty is considered to he a monopoly
of the industrially advanced powers. Freedom-fighters are dubbed as terrorists,
while inhuman acts of aggression, suppression, subversion, interference in the
affairs of sovereign nations of the Third World by the imperialists are termed
as means of safeguarding the freedom and human rights of the people of the
victim countries. What is inconvenient to the champions of open society and
human rights is labeled violation of human rights and is condemned by
international forums and mass media. Contrarily, the countries openly
practising policies of Apartheid and racial discrimination, such as South
Africa's white minority government and the Zionist regime, receive all kinds of
assistance and support from the civilized West. Military dictatorships and
anti-people regimes which serve their Western masters and crush democratic
movements of their people, are justified on the pretext of fighting against
obscurantism and religious fanaticism. How human rights and freedoms are
interpreted is a matter of convenience for the guardians of Western
civilization and supremacy. The movements of Islamic resurgence particularly
invite the wrath of the standard-bearers of human rights. Socialist countries
criticize capitalist nations for denying ideological and economic freedom to
their people, while Western democracies accuse socialist States of
totalitarianism and violation of fundamental rights. Both are right so far as
the other camp is concerned, and both are wrong with regard to their claim of
granting all the freedoms and rights to their people. Capitalist democracies
and socialist republics represent two faces of one and the same coin in the
modern world for transacting the business of human rights.
Islam, if studied and judged without any bias, can be justifiably acclaimed to
have launched and practiced a universal message of human rights and freedom
fourteen centuries ago, in which all the above-mentioned contradictions and
inconsistencies were resolved at both the theoretical and practical levels.
Islam being a religion consists of a set of beliefs. And beliefs, as defined by
C. S. Pierce, the founder of Pragmatism, are distinct from ideas, for those who
hold them, while ideas often remain unpractised necessarily act them upon.
Hence whatever Islam preached was also practiced by true Muslims. As in Islam
all dichotomies of theory and practice are resolved, wherever we see disparity
between professing and practicing, we can say that in such cases the essential
condition of Islam is not fulfilled. Islam literally means submission to God.
The submission of various selves struggling to achieve supremacy to an Absolute
Self brings harmony in the world of unceasing struggle. Harmony in the human
collective existence can be maintained and ensured through a balanced and just
award of equal rights to all individuals along with the freedom to shoulder
corresponding obligations, so that human rights are accorded to all. Islam
brought into existence such a harmonious society for the first time in the
annals of human history at a time when the advanced West of today lived in a
total darkness and without any conception of freedom and human rights. Before
the advent of Islam, the great Greek civilization had introduced a rudimentary
form of democracy in the city-states, and later the Romans also put up a
semblance of democracy for a short time. But in Greek democracies only free
men, not women, had a right to vote, and slaves were considered unworthy of
having any rights. The vast Roman Empire was virtually a slave State, in which
only the free ruling class enjoyed certain rights. The Byzantine Empire that
succeeded the Roman empire never practiced the teachings of Christ and denied
freedom of thought and enquiry to Christians themselves. The Popes were equally
intolerant of free enquiry. In the Christian theocracies and monarchies,
religious minorities were persecuted and discriminated against. The
socio-political structure of the Persian Empire was equally oppressive, in
which only the priests and noblemen enjoyed some rights. In this caste-ridden
set-up the common people could not even think of freedom. The Indian society
was also caste-bound, where the lower castes constituting the vast majority of
people were treated as subhuman beings. In such an epoch, Islam emerged with a
universal message of human freedom that guaranteed equal rights for all human
beings irrespective of their race, colour, nationality, faith, and sex. Despite
deviating from the path of the Prophet (s.a.w) and his true successors, Muslim
rulers generally observed the Islamic principle of human equality and granted
much more freedoms and rights to their subjects than any other past or
contemporary State. Not only Muslims, but also non-Muslims enjoyed full freedom
in the States ruled by Muslims. Sayyid Amir Ali, in The Spirit of Islam,
stating that Islam never interfered with the dogmas of any faith, writes:
- Whilst orthodox Christianity persecuted with equal ferocity the Jews and
Nestorians, . . . Islam afforded them both shelter and protection. Whilst
Christian Europe was burning witches and heretics, and massacring Jews and
infidels, the Moslem sovereigns were treating their non-Moslem subjects with
consideration and tolerance. They were the trusted subjects of the State,
councilors of the empire. Every secular office was open to them along with the
Moslems. The teacher himself had declared it lawful for a Moslem to intermarry
with a Christian, Hebrew, or Zoroastrian. (10)
The rights accorded by Islam to non-Muslims, women, and slaves were not only
unprecedented in those days, they also distinguish Islam from modern
ideologies.
A detailed discussion on the subject of human rights granted and practiced by
Islam is beyond the scope of the present article. I would confine my discourse
to certain rights granted to women, slaves, and non-Muslims, in order to show
to what extent Islam respected human freedom. This study would enable us to
understand how far the Islamic conception of freedom had been translated into action
and practice. Besides the Qur'an, our other main source of reference is Nahi
al-balaghah of al-'Imam Ali (a.s), which is in total conformity with the
tradition of the Prophet (s.a.w).
The Qur'anic Conception of Freedom and Rights:
The relation between rights and freedom is twofold. On the one hand no right
can be conceived without freedom; on the other, rights ensure certain freedoms
for human beings. In the same way, rights and duties are also related to each
other reciprocally. Every right granted to man saddles him with some duties.
Duty, in a broader sense, means respecting the rights of other, which in its
own turn results in securing a safer ground for enjoying and exercising rights.
Freedom of man implies that all men have equal right to freedom, which leads to
a logical corollary that every individual's freedom is delimited by other's
freedom. But this limitation does not deprive one of his freedom; rather, it
safeguards the freedom of all. If one is allowed to exercise his individual
freedom to an extent, which results in usurping, or curtailing other's freedom,
nobody shall remain free, and freedom itself will become meaningless. Thus
freedom in itself is a right as well as a duty. Sometimes duty precedes right,
for instance, when a person knows and obeys God (both of which are primary
duties of a human being according to Islam), he is entitled to certain rights.
In this case, fulfilling one's obligation towards God bestows upon one greater
freedom also. Of course, man is free to disobey his Creator, but disobedience
lands him in the worst type of slaveries, of the world and other men. On the
contrary, obedience to God emancipates the human being from all kinds freedom
and rights. Usually rights are supposed to precede of dependence and obedience,
and entitles him to greater duties. It is really very difficult to solve the
riddle as to which is prior between these two. In actuality, freedom, right and
duty (or obligation) are three sides of a triangle, in which all three sides
are equal. In this triangle, I personally prefer to regard freedom as the base.
However, all three sides are equally essential to form a triangle. If any one
of the three is removed, the triangle disappears. Islam has given equal
importance to all the three, which together form the moral, social and
political conduct of a Muslim. I do not mention religious or theological
behaviour intentionally and consciously, because religious behaviour is nothing
hut the sum total of the various dimensions of human behaviour. Realization of
God and obedience to Him is the basis of man's moral as well as social and
political conduct. In reality, these patterns of behaviour that are named
differently are intertwined and are indistinguishable from one another. Islam
regards all different modes of human behaviour as modes of an integrated
activity. The world outlook of tawhid approaches human behaviour also from a
monistic and unitary viewpoint. The purpose of all human activity is the
establishment of justice at all levels.
Starting from the base, I would reemphasize my belief as a Muslim that man's
existence is grounded in freedom, which is inherent to man's nature. He is born
free in the world which calls upon him to choose and act freely in order to
determine his destiny.
Freedom is ensured in the Qur`an, both inborn and acquired. There is no
distinction between a believer and a non-believer in this respect. What is
prohibited is evil and what is lawful is good for all men. It is good and evil
that is the criterion of lawful and unlawful, not vice versa. Those who follow
the rational commands of God revealed through the Prophet (s.a.w) are
emancipated:
(The Prophet) enjoins them good and forbids them evil, and removes from them
their burden and the shackles which were upon them . . . (al- A'raf: 157)
This general principle based upon the inherent good and evil of things and acts
is universally applicable, and it is in this sense that Islam is "the
religion of (human) nature (it is Divine nature in the sense that it is
ordained by God). As we have pointed out, no fixed nature is imposed upon man,
but he was created in the way he deserved to be. In this way, we can understand
the true meaning of "there is no compulsion in religion" (al-Baqarah:
256). This principle is further elaborated in another verse:
"And strive hard in (the way of) Allah, such a striving as is due to Him;
He has chosen you and has not laid upon you any hardship in religion".
(al-Hajj: 78)
Men are free to make use of and enjoy all the things not declared as unlawful
(al-Ma'idah: 87-88). The prohibited things are overt and covert indecencies,
aggression and injustice (al-'A'raf: 28). Justice and equity, which are the
ends of freedom, are enjoined (al-Ma`idah: 29). In the matter of doing justice,
God does not desire hardship for men but ease: (al-Baqarah: 185). All the
Qur'anic verses laying down the laws of just action are addressed to and are
applicable to all human beings irrespective of their faith. God is the Lord of
all the worlds, and the Prophet (s.a.w) of Islam is sent as a blessing for all
the worlds. Neither His Lordship nor the blessings of the Prophet's prophethood
is confined only to Muslims. Hence freedom, the greatest of all blessings, is
granted to all men.
Freedom, Human Destiny, and the World in the Nahj al-balaghah:
The theme of freedom is repeatedly emphasized and elaborated in the Nahj
al-balaghah. We shall quote a few relevant passages to substantiate the points
made so far.
"….(God) has given inborn disposition to human minds to shape themselves
either towards good or towards evil". (11) (Khutbah: 75)
"They were given complete liberty in this world, of thought and deed, to
think as they like and to do as they desire, so that they may develop their
minds, and with the help of such developed minds, free will, and the span of
life allotted to them, find the purpose for which they were created...."
(12) (Khutbah: 86).
In Khutbah 86, Imam Ali (a.s) further says that human beings are given sound
bodies and limbs with perfect senses to acquire the knowledge of the external
world and the light of reason and wisdom, so that they are able to exercise
their freedom of thought and action. (13) This point forms a recurring theme of
the Nahj al-Balaghah, for a sound body, sound senses, and reason are necessary
conditions for exercising freedom. Those who are deficient in these respects
are not held responsible for their acts, such as insane persons and infants.
Solely those endowed with these things are responsible for their acts:
"Lives of men who were enjoying themselves to their hearts' content and
had perfect freedom of action have such useful lessons in them to teach
...." (Khutbah: 86) (14)
From the above-quoted passages, certain points can be inferred: man is given
complete freedom with the ability to exercise it; freedom has a purpose: to
realize and obey Allah and act in a just manner. Justice can be defined as
maintaining an equilibrium among various obligations and rights. One has to be
just to oneself. There are many verses in the Qur'an and innumerable passages
in the Nahj al-balaghah restraining men from indulging in excesses even in
desirable deeds, such as generosity, excess of which is israf and is
prohibited. Doing justice to others, which ensures social and political
morality, and just behaviour in relation to God, requires abstaining from
overindulgence in ritual worship. By maintaining justice in all the three
aspects--that is in relation to oneself, others and God--man is free to
determine his destiny. In contemporary Western philosophy existentialism is
credited with introducing the notion of man's freedom in shaping and moulding
his own destiny, but a glance at the Nahj al-Balaghah is sufficient to arrive
at the conclusion that it was Imam Ali (a.s) who advanced this idea for the
first time:
If by destiny you mean compulsion (physical or otherwise) whereby we are forced
(by nature) to do a thing, then it is not so. Had it been an obligation of that
kind, then there would have been no question of reward for doing it and
punishment for not doing it (such as breathing, sleeping and eating are
physical necessities entailing no reward or punishment), and the promised
blessings and punishments in afterlife will have no meanings. The Merciful Lord
has given His creatures complete freedom to do as they like, and they are
prohibited from certain actions and warned of the consequences of such actions.
These commands carry in them the least trouble and lead us towards the most
convenient way of life .... He sees people disobeying Him and tolerates them,
not because He can be overruled or be compelled to accept human supremacy over
Him. 1-Ie did not send His prophets to amuse Himself or provide amusement for
them. He did not reveal His orders without any reason and purpose. Neither has
He created the galaxies and the earth without any design, purpose, and
programme. A universe without plan, purpose, and programme is the idea of the
infidels and heathens; sorry will be their plight in the fires and the hell...
(Sayings: 78) (Destiny) was an order of God to do it, like the order he has
given in His Holy Book "You are destined to worship him and nobody
else". Here destined means "ordered", it does not mean physical
compulsion. (15)
From this brief saying, many points relevant to philosophical and moral issues
can be derived: determining one's destiny is an act of man's free will,
different from physical compulsion; Divine commands are rationally designed and
have a purpose; the universe itself has a design and a purpose; in this
purposive scheme of creation man is free to act or not to act in accordance
with the Divine purpose; voluntary acts of men deserve reward or punishment
according to their nature; and that freedom brings in its wake responsibility.
Kant, who could not bring himself to accept the existence of God on the
strength of ontological, causal, and teleological arguments, had to evolve a
moral proof for the existence of God, in which God, freedom of human will, and
life after death served as the essential postulates of morality. If we compare
Imam Ali's approach to the problems of freedom, morality, purposiveness of
creation, and the existence of God, we may come to a more convincing
philosophy. Imam Ali does not require any proof for the existence of God, but
believes in Him on the ground of revelation and his own inner experience. This
is the same stand which was taken in the West by Kierkegaard in the 19th
century after realizing the inadequacy of reason in proving or disproving God.
Recent theology in the West accepts the inner yearning of man to have faith in
a Supreme Being as the only criterion of belief in God. Starting from the same
position Ali (a.s) proves the purposiveness of creation, arguing that it is
created by an intelligent, knowing, and just God with a design and a purpose,
and all His commands are just and reasonable, for He does not command man to do
something that is beyond his capacity. Human freedom is an essential
constituent of this purposive world, without which man would not have been able
to pursue certain goals. It is also necessary for morality, which comprises
voluntary actions. Thus freedom is not a postulate in Imam Ali's world-outlook,
hut an organic part of a just and purposive order. His firm faith in a just God
makes him believe in the Hereafter. In this way, the Islamic world-outlook he
presents is more coherent and consistent than that of Kant or any other Western
philosopher. In this system, human reason does not give rise to antimonies,
because it is not required to trespass the region of faith or inner experience.
All the three axioms of morality which Kant derived from his moral philosophy
follow in Ali's Islamic system of thought from faith in God and freedom of
human will. In the world conceived by him all individuals are free and they
form a "kingdom of ends that is the beings sovereign in this world and
only subordinate to Divine commandments. They are not subservient to other
human beings and are masters of their own destiny. In this sense Imam Ali (a.s)
considers this world of ours better than any conceivable worlds. There is a
saying of his that refutes the commonly believed notion that the Imam (a.s)
despised the world and his approach to it was ascetic and pessimistic. He heard
someone abusing the world and said to him that it was not the world which
deceived man but it was man who was allured and enchanted by it, and
subsequently debased himself and polluted the world. He said:
Verily this world is a house of truth for those who look into it carefully, an
abode of peace and rest for those who understand its ways and moods, and it is
the best working ground for those who want to procure rewards for their life in
the Hereafter. It is a place of acquiring knowledge and wisdom for those who
want to acquire them, a place of worship for the friends of God and for angels.
It is the place where prophets receive revelations of the Lord. It is the place
for virtuous people and the Saints to do good deeds and to be assigned with
rewards for the same; only in this world they could trade with God's favours
and blessings, and only while living here they could barter their good deeds
with His blessings and rewards. Where else could all this be done? (16)
(Sayings: 130)
This passage may remind one of Leibnitz's saying: "Ours is the best of all
possible worlds", which reflects an optimistic view of the physical world.
Ali (a.s) regards it so because it is here and here alone that man's freedom is
tested as to how far he acts justly. In the light of this passage we can
justify Iqbal's view that man chose freely to leave Heaven and come to this
world.
Right to Acquire Knowledge: Nahj al-balaghah's Approach
Knowledge of the creation in general, and of this world in particular, is
emphasized by Imam Ali (a.s) in the Nahj al-balaghah as a prerequisite for
making use of freedom in the right direction and for the purpose willed by God.
Knowledge, if used properly, helps man in winning God's favour and bartering
his deeds with Divine Will, as the Qur'an declares: "And among men is he
who sells his self for seeking the pleasures of Allah...." (al-Baqarah:
207)
Those who attain such a stage are few, and as many mufassirun point out Ali
(a.s) as one of those chosen few who bartered his self with Divine Will,
according to the interpretation of this Qur'anic verse. When human will becomes
one with Divine Will, man attains the highest stage of freedom: now there is no
compulsion, and whatever a man wills or does is in conformity with what God
wills and wants man to do. Rightly guided knowledge helps in attaining this
stage. After expressing his view on human freedom, Imam Ali (a.s) proceeds to
highlight the value and importance of knowledge. We find after the saying 78
about freedom, his views about knowledge and wisdom in the saying 79, or in his
saying 130 we come across his views on the significance of acquiring knowledge
and contemplating the signs observable in the world after his description of
the world as the best place for making proper use of human freedom. Knowledge
is held by Ali (a.s) to be the light of reason, a treasure, the root of all
good, and that which emancipates man; it is a power (saying: 146), (17) and
one's supremacy is in proportion to the extent of one's knowledge and wisdom
(Sayings: 175) (18)
From his many sayings about knowledge it may be rightly inferred that knowledge
is itself freedom, for it saves man from ignorance, which is the cause of man's
slavery to false beliefs, unfounded fear of nature and his superiors. It is at
the same time a key to attain and safeguard freedom accorded to human beings.
The Qur'an is unique among the scriptures in encouraging the believers to
acquire knowledge and to verify the fundamentals of faith rationally. There are
704 verses in the Qur`an where the word 'ilm or its derivations are used. Book,
an essential aid of 'ilm occurs in the Qur'an 230 times, while the total number
of verses in which words related to kitab and kataba have occurred is 319. The
Qur'an itself is mentioned as kitab on 81 occasions in its text. It is not
possible in this brief article to quote even a few of the relevant Qur'anic
verses and the sayings of Ali (a.s). However, it would not be out of place to
point out that the right to acquire knowledge and freedom of enquiry forms an
essential part of the laws and guiding principles governing human rights in
Islam. In this matter, no distinction is made between Islamic and non-Islamic
sources and Muslim and non-Muslim teachers. Ali (a.s) says:
"Acquire knowledge and truth from whomever you can, because even an
apostate can have them, hut unless they are passed over to a faithful Muslim
and become part of wisdom and truth that he possesses, they have a confused
existence in the minds of apostates". (Sayings: 79). (19)
Another saying of Ali (a.s) is an elaboration of the Prophet's famous
tradition, according to which knowledge is the lost property of Muslims:
"A wise saying is a lost and long-sought article of the believer.
Therefore, acquire it even if it is to be found with hypocrites".
(Sayings: 80). (20)
The right to acquire knowledge has been always accorded to non-Muslims also in
Muslim States. An important point made by Ali (a.s) is as to how an infidel
uses knowledge, which remains in a confused state in his mind. The truth of
this view is evident in our age, for modern knowledge, as pointed out by modern
thinkers, is devoid of human considerations and has dehumanized its retainers
and creators. All the uses of scientific discoveries and advancements for
inventing and selling the weapons of mass destruction indicate the absence of a
right worldview. Islam, on the other hand, humanizes all knowledge in the light
of Divine guidance, which leads to a humanized world outlook. Being fully aware
of the dangers of the abuse of knowledge, Ali (a.s) claims that God will always
appoint some Imam as the guardian of Divine revelation and he, openly or hidden
from the eyes of the world, will guide men till the end of this world. (Saying
146 addressed to Kumayl) (21) Thus the right to receive unceasing Divine
guidance, along with the right to knowledge and enjoy freedom of thought and
expression forms the foundation-stone of the Islamic universal declaration of
human rights. The constitution of the Islamic Republic of Iran ensures the
right to knowledge and freedom of learning through various articles. Article 2,
clause 6, declares that the Islamic Republic is based on faith in Allah, belief
in the exalted dignity of man and his freedom coupled with responsibility
before God, and that equity, justice, political, economic, social, and cultural
independence are secured by recourse to: (a) continuous ijtihad of the fuqaha'.
(b) and sciences and arts and the most advanced results of human experience,
together with the effort to advance them further. An article of the first
chapter states that the Islamic Republic has the duty of directing all its
resources to raising the level of public awareness and the spirit of inquiry,
investigation, and innovation in all areas of science. (22) These rights are
not confined to Muslims only, hut are accorded to non-Muslim citizens as well
in the light of Article 19 (Chapter III), which states that: "All people
of Iran, whatever the ethnic group and tribe they belong to, enjoy equal
rights; and colour, race, language, and the like, do not bestow any privilege.
(23) These articles are in conformity with the Islamic view of human rights.
Underprivileged Sections of the People and Their Rights:
Islam paid special attention to weaker sections of society, for stronger
sections not only get what is rightfully their due, but also grab what belongs
to weaker sections. Christ had pleaded and fought for the oppressed, but when
his followers came to power they adopted the same system which was based on
according privileges to the ruling class and the priests. On the contrary,
Islam granted special rights to the underprivileged, so that their rights are
not denied to them and any violations of them were redressed. Woman as a whole
had been suppressed by all pre-Islamic societies both in the East and the West.
The social status and legal position of slaves had been even worse. With the
establishment of Islamic rule, a new class of weaker people came into
existence, that is non-believers living under Muslim rule. Besides slaves,
there had been always in existence a class of have-nots consisting of small
peasants, landless labourers, poor artisans, orphans, widows, mentally and
physically handicapped, the sick and the old, prisoners and travellers (ibn
al-sabil). The Qur'an makes special mention of all these classes while laying
down the principles of justice and framing laws according rights to the people.
To help the deprived the Qur`an commands emphatically and repeatedly to give
zakat, and also recommends the disbursement of sadaqat among the needy.
Zakat and sadaqh are usually translated as alms and charity, but in the Qur'an
they are defined in much better terms. Zakat has two meanings: purification,
and the cause of blessing and abundance. Both the meanings are derived from the
following Qur'anic verses: al-Nur: 21, al-Kahf: 74, al-'A'la: 14 & 15, and
Fatir: 19. In interpreting the verses from the surahs al-'A'la and Fatir, some
exegetes have interpreted tazakka in the sense of zakat. sadaqah also has the
same meaning according to verses 103 and 104 of al-Tawbah.(24) Both zakat and
sadaqah are means of purifying one's riches, with the difference that zakat is
obligatory and sadaqah is recommendatory. Muslims are distinguished from
mushrikun, that is polytheists and idolaters, on the ground that the latter do
not give zakat (Ha' Mim : 6-7). From the sixth and seventh verses of 'Ha' Mim'
it is inferred that mushrikun are also obliged to give zakat according to the
Muslim law. Paying of zakat, which may be translated as poor-rate or poor-due,
is considered by the Qur'an as a more valid criterion of a Muslim's faith than
offering of prayers:
"It is not righteousness that you turn your faces towards the East and the
West, but righteousness is this that one should believe in Allah and the Last
Day and the angels and the Book and the prophets and give away wealth out of love
for Hun to near of kin and the orphans and the needy and the wayfarers and the
beggars and for (the emancipation of) the captives; and keep up prayer and pay
the zakat...." (al-Baqarah: 177).
As the special categories of people deserving to receive zakst are enumerated,
similarly dadaqah also, as specifically mentioned, is to he given to the poor
and the needy, the officials in charge of collecting the zakat, those whose
hearts are made to incline' (to Islam) (al-mu'allafal al-qulub), the (ransoming
of) captives, those in debt, and in the way of Allah and the way-farer
(al-Tawbah: 60). (25)
Thus zakat is due to seven categories: the needy, the poor, the collectors of
zakat ,the mu'allafat al-qulub, ransoming of captives and emancipating slaves,
the indebted, and the wayfarers; an eighth category is added to it, that is
public funds for the construction and administration of the mosques,
educational institutions, water works, and for meeting the expenses of jihad.
(26) Special mention is made of paying devote their entire time and energy to
worship, and self-respecting people who never go to ask for help despite
extreme poverty (al-Baqarah: 273). (27)
The needy and poor of the lineage of the Prophet (s.a.w), who are prohibited
from accepting zakat and sadaqah, are taken care of by allocating to them one
half of khums; the first half of which is reserved for God and the Prophet
(s.a.w) and the Imam (a.s) of his Family.
Abu Hanifah is of the view that the part reserved for the Prophet (s.a.w) is
invalidated after the Prophet's demise, (28) but the Imamiyyah Shi'ah reserve
it for the maraji', in the absence of the Imam (a.s). The remaining part of
khums is reserved for the orphans, the needy and the way-farers. Regarding this
also the Shi'ah differ from Ahl al-Sunnah. While the former say that these
three parts are also reserved for the Banü Hashim, and particularly the
Talibiyyun, the later hold that this three-fifth of khums money is specified
for the needy among Muslims in general. So far as the definition of dhawi
al-qurba is concerned, Shi'i and Sunni fuqaha' again differ. Shi'i fuqaha' hold
that this term includes all the relations of the Prophet (s.a.w) without any
specification, but Sunnis say that only needy in the Prophet's family come
under this category. Shi'i fuqaha' reject this interpretation for the absence
of any evidence in the Qur'anic text to support it. (29)
Despite these minor differences among various schools of fiqh, the Qur`anic
injunctions concerning zakat and khums are generally followed by all Muslims.
It is also accepted that zakat is over and above the obligatory payments to be
made towards meeting the essential needs of parents and other dependants, and
these payments (nafaqah) are not to he covered under the head of zakat, which is
only for the eight categories enumerated above. Thus Islamic law has taken care
of all the weaker sections of society, and has entitled them to claim their
rights from the rulers and upper classes. In a way Islam does not recognize any
upper classes and is opposed to the amassing of huge property and hoarding of
riches unproportionate to one s work and labour.
"O you who believe! most surely many of the doctors of law and the monks
eat away the property of men falsely, and turn (them) from Allah's way; and (as
for) those who hoard up gold and silver and do not spend it in Allah's way,
announce to them a painful chastisement. On the day when these shall be heated
in the fire of Hell, then their foreheads and their sides and their backs shall
be branded with it; this is what you hoarded up for yourselves, therefore taste
what you hoarded". (al-Tawbah: 34-35).
The conditions for the appointment of judges are very strict and rigorous and
the responsibility of rulers is so great that any true Muslim will shudder to
accept them due to fear of Allah and the Law of Islam. Imam Ail (a.s) warned
Qadi Shurayh that he occupied a seat which was assigned to prophets or their
vicegerents, or occupied by a tyrant. The main objective of the Islamic
government is to estahlish the rule of justice and equity (al-Nahl: 19), which
demands that the weak and the deprived (including slaves) should he provided
their basic needs (al-Nahl: 71). To do justice to the underprivileged seems to
he the most difficult of the jobs of a government, as Imam Ali (a.s) said,
"One who comes to power often oppresses and tyrannizes, and that
"oppression and tyranny are the worst companions in the Hereafte"r.
(Sayings: 198 & 202). (30) As the weaker sections of people fall easy prey
to oppression and tyranny, Islam has taken particular care to guard their
rights and redress whatever their legitimate grievances may he. In this way
Islamic law ensures freedom of the oppressed.
The Qur'an contains a number of verses which lay down the guiding principles of
justice: 1. Never refer to a misled and tyrannical ruler for seeking justice
(al-Nisa': 63, Hud: 113). 2. The prophets and their deputies are made the
vicegerents of God for establishing the rule of justice and equity (Sad: 38).
3. Divinely appointed personages and judges have to follow the commands of God
(al-Ma'idah: 48, 49 & 51). 4. Judges are obliged to see every citizen get
his due (al-Nisa': 61). 5. One has to abide by the order of a judge and an
arbitrator (al-Nur: 48-49, al-Nisa': 68). 6. Judges should be impartial and
meticulous (al-Nisa':106). 7. Judges are bound to admit writs of non-Muslims
and to dispose them at the earliest (al-Ma'idah: 46). 8. Accepting bribes is
strictly prohibited (al-Ba qarah: 180).
The Qur'anic text also lays down the conditions for the appointment of a qadhi:
he ought to be mature, possessing sound reason, of firm faith, just, expert in
fiqh with the ability to do ijtihad, of legitimate birth, free from mental
lapses, and a male. (31) Imam Ali (a.s), in his letter to Malik al-'Ashtar
which is a comprehensive code of conduct for rulers and a document laying down
the Islamic principles of governance and justice, elaborates the Qur'anic code
of conduct by adding that a qadhi has to he intelligent, patient, of stable
temperament, honest, man of integrity, meticulous, and humble. (32) If a judge
is prone to vicissitudes of mood, he cannot judge objectively. Leo Tolstoy, in
the Resurrection, one of his best novels, criticizes and ridicules judges for
being whimsical and moody in delivering judgments, thus committing injustice
and spoiling the lives of innocent people who are at their mercy. He also seems
to confirm the Qur'anic view of not referring to an unjust judge by condemning
the entire legal system based upon vested interests of tyrannical rulers. Imam
Ja'far al-Sadiq (a.s) advised his followers not to appeal to the courts of
unjust and tyrannical rulers who usurped power illegitimately from the rightful
claimants of rulership and directed them to refer among themselves to him who
is an expert on the Qur'anic injunctions and can judge justly. (33) This advice
implies that judgments of an unjust government are not binding on Muslims, and,
implicitly, they are expected to overthrow such a regime. The first and
foremost condition of justice in human social, political, economic, and legal
issues is that the entire socio-political system is to be based on justice. The
rulers usurping power illegitimately and undemocratically in our age cannot
establish the rule of justice. It further implies that the Islamic code of
justice can be implemented in a truly Islamic society and State only. We may
logically infer from this that the States whose rulers are not elected in
accordance with the Islamic criteria have no right to implement the Islamic
laws of retribution (qisas) only, for these laws form an integral part of the
whole Islamic superstructure. The principle of justice demands that it is the
first duty of a ruler claiming to follow the Islamic polity to build a truly
Islamic society conducive to the implementation of Islamic justice.
Another significant point made by Imam Ali (a.s) in his letter to Malik
al-'Ashtar anticipates a modern principle of democratic rule, which was
realized in the West in the present century only:
"Pay them (qadhis) handsomely so that their needs are fully satisfied and
they are not required to beg or borrow or resort to corruption. Give them such
a prestige and position in your province that none of your officers or
courtiers can overlord them or bring harm to them. Let judiciary be above every
kind of executive pressure or influence, above fear or favour, intrigue or
corruption". (34)
Most probably, the importance of independence of the judiciary was realized for
the first time by Imam Ali (a.s) in the annals of human history. He regarded it
to be an essential condition of the administration of justice. His great
concern for the weaker and oppressed sections of society is evident throughout
his sermons, letters, admonitions, and directives issued to his military and
administrative officers, and judges.
His concern was the honesty and integrity of persons as the basic condition in
the appointment of all officers from the lowest rank up to the highest. If
officers, particularly judges, are corrupt or prone to temptations, the
stronger sections will be able to deprive the weak of their rights. Advising
his governors to hold regular public audiences, he commands them not to let
guards and police officers be present on such occasions, so that those who have
grievances against the government may speak to the Amir freely, unreservedly,
and without fear. (35) At the same time he reminds them that in such audience
mostly the common people will gather: Therefore, if you find them misbehaving,
or acting in an unmannerly fashion, or if you feel that their talk is
irrelevant, tolerate them; do not be rude and insulting to them ... (36)
He adds that he often heard the Prophet (s.a.w) saying: "A nation or
government in which the rights of the depressed, the destitute, and the
suppressed are not guarded and where the mighty and the powerful persons are
not forced to accede these rights, cannot succeed". (37)
With a view to preventing any possibility of oppression and exploitation, he
prohibits giving of lands on permanent lease with all property and ownership
rights and water supply and other sources of public utility to anybody, because
such possessions will enable privileged persons to oppress others and derive
undue advantage. (38)
Amir al-Mu'minin's regard for the judiciary and proper legal procedure made him
to appear in the court of Qadhi Shurayh as a complainant. When the qadhi
offered him a seat of honour, he reproached him for being discriminate. He
accepted the judgment against himself, though his claim was right. The opposite
party was a Christian, who was so impressed by Ali's submission to the court of
law that he confessed that he had no claim on the disputed property; he also
volunteered to embrace Islam. Here another aspect of Amir al-Mumini's adherence
to Islamic teachings comes to light. He repeatedly enquired if he was forced by
somebody to give up his old faith. When he was convinced that there was no
compulsion by any authority and the Christian wished to embrace Islam willingly
and freely, only then he taught him the kalimah. (39)
It was under such rulers that Muslims learnt to respect freedom and rights of
all human beings including those of non-Muslims.
(A) Non-Muslims' Rights:
As the Qur'an has taken special care of non-Muslims in the matter of their
legal rights, it accords them full freedom in the matters of faith, economic
activity, property, social security, and the preservation of their culture and
traditions. 1. Muslims are commanded to observe the conditions of their pacts
and treaties made with non-Muslims and never to violate them (al-Ma'idah. 1;
al-Nahl: 91; al-'Ahzab. 15; al-Tawbah: 4 and 7; Banu Isra'il. 34; al-Baqarah:
177; al-Ra'd: 20; al-Mu minun: 8 and 9; al-Ma`arij: 32). A general principle is
laid down that keeping of promises and fulfilling pacts is a sign of a Muslim.
This rule includes pacts with non-Muslims also. Ali (a.s) included non-Muslims
also among the common citizens paying taxes or tribute (jizyah). Regarding
pacts with an enemy, he advises Malik al-'Ashtar:
"If your enemy invites you for a treaty that will be acceptable to the
Lord, then never refuse to accept such an offer. Be very careful, never break
your promises with your enemy, never forsake the protection or support that you
have offered to him, never go back on your words and never violate the terms of
treaty~ You must risk even your life to fulfill the promises given and the
terms settled. Because of all the obligations laid by the Mighty Lord upon man
there is none so important as the keeping of one's promises . . .. Even the
heathens take care to keep promises made among themselves.... Deception and
fraud against your enemy is deception against God. Let there he no ambiguity in
them (pacts); do not try to take advantage of any ambiguous word or phrase in
an agreement . . . Beware of the sin of shedding blood without religious
justification and sanction, because there is nothing quicker to bring the wrath
of the Lord ......" (40)
In the same letter, he writes: "Remember Mailik that among your subjects
there are two kinds of people: they are either your brethren in the faith or
likes of you in nature and creation. They may have failings and faults and
commit slips. They may act wrongfully either willfully or by neglect. So extend
to them your forgiveness in the same way as you would like God to extend His
forgiveness to you ...." (41)
The rights of non-Muslims living in a Muslim State are covered by the above
instructions; their lives are to be protected and their bloodshed is
prohibited. Verse 58 of al-'Anfal and verses 90-94 of al-Nisa' encourage
Muslims to accept any offer of peace by non-Muslims with the Divine promise
that if they intend to deceive, God will protect Muslims.
2. Muslims have to take care of the dhimmis, i.e. non-Muslims under the
protection of a Muslim State according to a dhimmah pact. A dhimmi is free to
abide by the dhimmah pact or to leave the Muslim State. There is no compulsion.
Al-'Allamah al-Hilli holds that this pact is not binding on a non-Muslim for
ever. (42) This is a bilateral pact. The Jews, Christians and Zoroastrians are
covered by this pact, but the Sunnis include all other non-Muslims also under
the pact of dhimmah. The pact made with the Christians of San'a' by the Prophet
(s.a.w) and written by Ali (a.s), declared that all the Christians living in
the east and the west, whether Arab or non-Arab, are covered by it; anybody who
attacks them will he regarded as attacking Muslims, and if a Muslim violates
it, whether he is an official or a commoner, he will he unfaithful to Islam.
According to it, Muslims were held responsible for securing the security of the
Christians and were hound to defend them with their own lives. Dhimmis would
not he liable to pay any other tax except the tribute they had willingly agreed
to pay; their priests and churches would he safe; the priests would be exempted
from paying jizyah; the rich among them and the traders would not be asked to
pay any additional tax; none among them would be forced to fight in battle;
they would be treated in the best manner; and anything that would cause them
harm would be prevented. (43) Similar treaties with the people of Ila ('Aqabah)
and Najran were also concluded. (44)
3. The dhimmis have to pay jizyah only, and are bound to abide by the Islamic
laws pertaining to judicial matters and penal issues, which are applicable to
all citizens equally. (45) It means that the non-Muslims enjoy equality in
legal affairs with Muslims. It was because of this right to equality that a
Christian could rebut the Caliph in the court of justice, that too on false
grounds, as described above.
Jizyah is a financial commitment on the part of the dhimmis in accordance with
the Qur'anic injunction (al-Tawbah: 29). According to al-Shaykh al-Tusi, the
amount of jizyah is not fixed; it may be fixed by Muslim rulers taking into
consideration the yield of the lands of the dhimmis, or determined with regard
to each individual's capacity. Amir al-Mu'minin (a.s) levied a tax of 48
dirhams on rich ones, 24 on middle class people, and 12 on the poor. (46)
Tribute is a term used for both jizyah and kharaj, which have been confused
with each other. Jizyah is per head capitation tax, while kharaj is a
collective land tax. If the one is levied, the other one is not collected. It
was the second Caliph only who levied both the taxes simultaneously, which
misled some Muslim fuqaha' and Orientalists into believing that both were
collected from non-Muslims. (47) In case a dhimmi embraced Islam, he was
exempted from jizyah.Amir al-Mu'minin (a.s), in his letter to Malik al-'Ashtar,
directs him to be considerate in respect of the circumstances of the farmers in
collecting land revenue, always keeping in view the welfare of the tax-payers.
In his view more importance should be attached to the fertility of land than the
collection of taxes, because the actual taxable capacity of people rests upon
the condition of the land. He warns that a ruler who does not pay attention to
the prosperity of his subjects and the fertility of land but concentrates only
on the extraction of revenue lays waste the land, ruins the State, and brings
destruction to the creatures of God, and his rule cannot last long. In case of
natural calamities and vagaries of rain, drought and destruction of crops, the
tax is to be reduced or, if conditions necessitate, totally exempted for the
season. He also recommends providing all facilities to the farmers, for the
best investment for a ruler is to help his subjects in times of difficulty. It
may be noted that it were mainly non-Muslims who were engaged in cultivation of
land in those days, for Muslims were mostly employed in the army and the
defense of the State. The lenience in collecting taxes is a means of winning
the dhimmis' confidence and love, which in case of a crisis would prove to be
an asset and source of strength for the ruler. Ali (a.s) wanted Muslim rulers
to behave differently from the kind of rulers described by the Qur'an as those
who bring devastation to the land and misery to the people (al-Naml: 34). The
poverty of the people, in his view, is the actual cause of a country's
devastation and ruin. Extraordinary conditions apart, in normal conditions too,
certain categories of non-Muslim subjects were exempted from jizyah or
kharãj, such as minors, the poor, old, disabled and insane persons. (48)
Women are never required to pay jizyah. The married among them are entitled to
all the rights of citizenship on the basis of their husbands' payment of the
tax, while maidens are exempted due to their parents' and guardians'
citizenship rights. Every treaty that levies jizyah on women is null and void
from the Islamic viewpoint. (49) Besides natural or other calamities, in some
other circumstances also non-Muslims are exempted from the payment of jizyah.
These are: whenever Muslims feel they are unable to fulfill their obligations
towards the dhimmis; whenever Muslims consider the exemption to be instrumental
in creating and fostering better relations between the Muslim and non-Muslim
communities; whenever Muslims are in need of seeking their active participation
in war; and whenever any of them embraces Islam. (50) In most of the countries
under Muslim rule jizyah was not collected at all; for instance, in India the
majority of rulers, with a few exceptions, did not levy jizyah on non-Muslims.
Awrangzeb Alamgir, the Moghal emperor, levied it in his reign, but it proved to
be against the interests of the Muslim empire and counter-productive.
The dhimmis and other non-Muslims loyal to the Muslim State enjoy freedom of
faith and worship. Their places of worship are protected. (51) They have
usually received liberal grants from Muslim rulers. Though they have equal
legal rights, they are free to refer their disputes to their own religious
authorities. (52) They are accorded all the rights granted to Muslim citizens,
that is, the right to education and dissemination of knowledge, freedom of
thought, the right to property, the right to engage in business, agriculture,
industry, and any honourable activity. They are treated equally in social
matters and are respected. (53) Al-Sharif al-Radi composed elegies paying
tribute to his friend and teacher, al-Sabi', an eminent Christian poet and
scholar. Non-Muslims have been serving Muslim courts as ministers,
administrators, accountants, secretaries, and ambassadors. They also excelled
during Muslim regimes as scientists, physicians, teachers, men of letters,
artists, businessmen, industrialists, bankers and soon. Even the secular
democracies of today are unable to ensure all these rights and freedoms to
their minorities. Since the Muslim States could ensure these rights to their
non-Muslim subjects, we seldom find in their history incidents of communal
clashes and riots. The Constitution of the Islamic Republic of Iran states in
article 23 of Chapter III: "The investigation of individuals' beliefs is
forbidden, and no one may be molested or taken to task for holding a certain
belief". (54)
(B) The Rights of Slaves:
All medieval societies allowed slavery to continue in the interest of the
ruling classes, but Islam discouraged it. As the historical conditions did not
permit its outright abolishment at that time, Islam granted slaves human rights
which had been denied to them from time immemorial. The Qur`an encouraged
Muslims to emancipate slaves in such verses as: al-Baqarah: 177; al-Ma'idah:
89; al-Nisa': 93; al-Mujadilah: 3. The Prophet (s.a.w) also entreated all the
Muslims to let slaves free, and himself did it. He appointed slaves to
important positions and treated them equally. Though the institution of slavery
continued in the Muslim world, but due to enjoying benefits of good education
and respectable status many slaves rose to high posts and sometimes ruled over
their past masters. The Turk slaves of the Banu Abbas could dictate their terms
to the caliphs also. The founders of Ghaznawi and Ghawri empires were slaves.
Similarly the Khawãrazmi rulers were descendants of slaves. In India,
the first Muslim empire was built up by a slave of Shihab al-Din Ghawri, Qutb
al-Din Aybak, who in his turn was succeeded by his slave, Iltitmush, and
subsequently his slave Balhan was made the emperor when Iltitmush's family came
to an end. In South India (Deccan), the first independent dynasty was founded
by a slave of Muhammad Tughlaq, Ala' al-Din Hasan Gangu Bahmani. Slaves were
often married their master's daughters. No other religion or law has treated
slaves so respectfully. Practically, slavery was almost abolished in the Muslim
world when the newly civilized West was making the Africans slaves and
deporting them to America, where the Black Americans are still fighting for
equal rights and human treatment. South Africa is another example of the
treatment of the Blacks, who despite being the legitimate masters of the
country and forming the majority are being treated and persecuted in a manner
worse than slaves. All such atrocities against free human beings are committed
by the authors of the Universal Declaration of Human Rights. Islam bestowed
freedom on slaves of the world fourteen centuries ago. Slaves were the greatest
beneficiaries of the Islamic declaration of human rights. It is because of
Islamic equality that peoples who were discriminated against on racial or other
grounds came to the fold of Islam.
(C) Women's Rights:
If one compares the status of women in the pre-Islamic societies of Greece,
Rome, Persia, Syria, India, and Arabia, one will acknowledge that Islam raised
their position to a level that they could claim equal rights with men in all
spheres of life. Christianity regarded woman as the source and cause of Adam's
sin and his Consequent fall, and Arab paganism buried daughters alive
considering them to be the cause of shame. Islam not only advocated equality of
the sexes, but also the Prophet (s.a.w) set an example of how to respect women
by paying great respect to Khadijah (a.s) and Fatimah (a.s) in particular and
women folk in general. Polygamy and the Hijab are the butts of the West's and
the so-called enlightened East's criticism of Islam's treatment of women. The
former, on the one hand, was necessitated by social conditions, and, on the
other, by the physiological make-up of the two sexes. Promiscuity and free love
in modern Societies point to this natural need. The Islamic Hijab does not
imprison woman, but rather emancipates her in many ways. Confining woman to the
four walls of the house and keeping her deprived of the fruits of education was
never approved by Islam. Jawahirlal Nehru, in The Discovery of India, rightly
points out that this type of female confinement is a result of women were
deprived of their freedom under non-Islamic influences. The West, which poses
as the champion of women's equal rights, has granted them the rights to
property, separation and vote only recently. Syed Amir Ali, an eminent Indian
jurist, wrote in The Spirit of Islam in the first decades of this century:
"Until very recently, even in England, a married woman possessed no rights
independently of her husband . . .. But the Teacher, who in an age when no
country, no system, no community gave any right to woman, maiden or married,
mother or wife, who, in a country where the birth of a daughter was considered
a calamity, secured to the female sex rights which are only unwillingly and
under pressure being conceded to them by the civilized nations of the twentieth
century, deserves the gratitude of humanity". (55)
If the Muslim woman seeks to imitate the social role of her European sister, it
will be nothing but a misconceived emancipation which shall land her in the
evil mire of the capitalist system, which has reduced woman to a commodity and
a sex-object for exhibition in the windows of supermarkets and reception rooms
of high offices. On the contrary, Islam gave her the rights and freedoms which
no system could grant her.
In Islam all the rights granted to men, with few exceptions, are also given to
women. One exception is with respect to jihãd, but women are expected to
help men behind the war front by taking care of the wounded and doing similar
important jobs. In the matter of marriage, women have the right to express their
consent to marry a person and they are free to dissent. In divorce the right is
given to man, but under certain provisions woman can initiate the legal
proceeding to secure divorce. Woman's rights in Islam can be summarized as
follows: Women are treated at an equal footing with men in all affairs:
religious, educational, legal, moral and economic.
(a) In religious matters, obligations and rewards of women are the same as
those of men (al-Nisa': 1; al-'A'raf: 189;al- Ahzah: 35). (b) In ethical
matters, also, equality of the two sexes is maintained (al-Nisa': 124; al-Nahl:
97). (c) Regarding education, the Qur'an implicitly gives the same rights to
women as are granted to men. Similarly, the Hadith of the Prophet (s.a.w)
making acquisition of knowledge obligatory upon all Muslims does not mention
any sex; in fact, the Prophet commanded that even the slave girls be educated.
As women are responsible for taking care of infants, they are supposed to have
some knowledge of medicine and also of the art of helping in childbirth. The
Prophet (s.a.w) asked a lady to instruct his wife Hafsah hint Umar. Women also
used to attend the Prophet's lectures. Because of this practice, a number of
ladies from the Household of the Prophet (s.a.w) excelled in hadith and fiqh.
In the history of Islam, we find the names of a number of women who equaled
most educated men in the religious sciences, arts, and literature. (d) The
legal and economic rights of women are also at a par with those of men. Islam
ensured economic independence of women by giving them a share in parent's
property (al-Nisa':7 and 11), and warning against depriving them of their
inheritance (al-Nisa': 19). A woman is entitled to hold and manage her
property. She enjoys the right to spend what she possesses and her husband
cannot deprive her of her dower (mahr) (al-Baqarah: 229, al-Nisa': 19-2 1 and
25), unless she voluntarily forgoes it as a gift (al-Nisa': 24). If wronged,
she is entitled to compensation just like a man, and if she commits a civil
offence, the Qur'an says, her penalty is no less or no more than that of a man
in a similar case (al-M'idah: 41; al-Nur: 2). (e) In the marital contract,
except in the case of divorce, she is given the same rights that are granted to
her husband. The Qur'an explicitly commands men not to give women in marriage
without seeking their consent (al-Nisa': 19). Even the right of an infidel
woman is respected by the Qur'an, whichcommands Muslims not to violate the
modesty and honour of the women of mushrikün (al-Mumtahanah: 10-11). In our
highly advanced age, the troops of most civilized nations of the West deem it
to be their legitimate right to violate the honour of women of the enemy, for
chastity and dignity of woman have no value according to modern standards of
culture and morality. A Muslim woman also enjoys the right to choose her spouse
of her free will. She is entitled to dower (mahr) in accordance with the
marriage contract. Though polygamy is permissible in Islam, the conditions of
being fair and just to all the wives are so strict that practically it is
discouraged. The third verse of al-Nisa' says that if you fear that you will
not be able to do justice to more than one wife, he content with one wife only.
. . . The conditions of justice to wives are laid down in verse 33 of al-Nisa'.
There are many verses in the Qur'an which emphasize the sanctity of the home
and the family and state the mutual duties and rights of husband and wife for
the sake of safeguarding the family's welfare. Both of them are held responsible
for the harmony of the family. In case of differences, the husband and wife are
advised to settle them with the help of two arbitrators, one from each of the
parties (al-Nisa': 35). If it is not possible to live together, the provision
to separation is open, but according to a tradition of the Prophet (y) divorce
is the worst of permissible things in the eyes of God. A woman is entitled to
receive her expenses from her husband during the period of iddah, and a child
horn in this period belongs to the husband who is responsible for its expenses.
Even the much fussed about institution of temporary marriage (mut'ah) is now
being appreciated by some modern sociologists who consider it the best
safeguard against promiscuity.(f) Islam has also given political rights to
women, as stated in the twelfth verse of al-Mumtahanah in the Qur'an. The women
of Quraysh were given a right to take the oath of allegiance after satisfying
them fully of the conditions of submitting to it.56 By implication this verse
gives women the right to vote, a right for which women had to struggle and wait
till the twentieth century in the West.
Conclusion:
As elaborated in the beginning of the article, all human rights originate in
man's freedom and are secured by the fulfillment of obligations in society as
well as in a political set-up. A society which gives more rights to its members
is to be considered freer than those which either grant limited rights only or
do not ensure that they are safeguarded. In modern States, the ones which claim
to be open and free curtail constitutional rights one way or the other, and the
ones that are based upon the sovereignty of the working class deprive other
classes of human rights. Furthermore, the latter, through indoctrination and
regimentation of thought, transform human beings into machines. The technocracy
and bureaucracy of modern societies, both capitalist and socialist, are
concerned with the material aspect of man and, consequently, dehumanize all
social and human relations. Islam, on the other hand, ensures the fulfillment
of both the material and spiritual aspirations of man by giving all sections of
society equal rights and ensuring their execution and implementation by the
State. Thus Islam accepts the inherent freedom of man and its full utilization
and development, and organizes its socio-political superstructure accordingly.
The Islamic conception of human rights and its faithful implementation ensures
greater freedom to all sections of humanity than granted in any other system.
If we study the views of the spiritual leaders of Islam, we will see how they
disapproved of all acts of injustice and rejected all formulations that sought
to deprive man of his freedom.
NOTES:
1. Allamah Iqbal, The Reconstruction of Religious Thought in Islam (Lahore:
Muhammad Ashraf, May 1971) p. 111.
2. Syed Ameer Ali, op. cit., pp. 409-10.
3.Ibid, p.411.
4.Ibid, p.412.
5. Shaykh al-Ta'ifah Muhammad ibn al-Hasan al-Tusi, Tamhid al-'usul, translated
with introduction by Abd al-Muhsin Mishkat al-Dini (Tehran: Anjuman-e Islami
Hikmat wa Falsafeh-ye Iran, 1358 Sh.), pp. 267-383. All points enumerated in
the article are discussed in detail with rational arguments in these pages,
which may be referred to for gaining a better insight into the problems and
their Shi'i Imami solutions.
6. Goodwin, The French Revolution (London: Hutchinson University Library, fifth
ed. reprinted 1974), pp. 74-75.
7. The Encyclopedia Americana (U.S.A., American Corporation, 1963 ed.), XXIII,
5 18-19.
8. Ibid, XXIII, 52 1-22.
9. Encyclopedia International (New York, Grolier Incorporated, 1971 ed.), IX,
36.
10. Syed Ameer Ali, The Spirit of Islam (London, Methuen, 1965), pp. 2 19-20.
11. Nahjul balaghah of Hadhrat Ali, trans. Syed Askari Jafery (Tehran, Library
of Chehel Sutoon Theological School), p. 44.
12.Ibid, p. 49.
13.Ibid, p. 49&51.
14.Ibid, p. 50.
15.Ibid, p. 280.
16.Ibid, p. 287.
17.Ibid, p. 289.
18.Ibid, p. 293.
19.Ibid, p. 280.
20.Ibid, p. 280.
21.Ibid, p. 290.
22. "The Constitution of the Islamic Republic of Iran, al-Tawhid (Tehran,
Sazman-e Tablighat-e Islami), vol. iii, no. 1, pp. 139-40.
23.Ibid, p. 144.
24. Dr. Muhammad Khaza'ili, Ahkame-e Qur`an (Sazman-e cap wa intisharat-e
Jawidan, 2nd ed., 2555 Shah.), pp. 434-36.
25.Ibid, pp. 446-47.
26.Ibid, p. 448.
27.Ibid, p. 442.
28.Ibid, p. 458.
29.Ibid, p. 458.
30. Nahjul balaghah op. cit., p. 294.
31. Dr.Khaza'ili, op. cit., p. 659.
32. Nahjul balaghah, op. cit., pp. 252-53.
33. Dr.Khaza'ili,op. cit., p.452. Usfllal-Kaft, vol.1.
34. Nahjul balaghah, op. cit., p. 253.
35. & 36. Ibid, p. 256.
37.Ibid, p. 256.
38.Ibid, p. 257.
39.Ibid, introduction, p. 6.
40.Ibid, pp. 257-5 1.
41.Ibid, p.248.
42. Abbas Ali Amid Zanjaini, Huquq-e aqaliyyatha bar asas-e qanun-e qarardad-e
dhimnnah: barrasi-yi gushehha-ye az ,mafahim-e huquq-e bayn al-milal az nazar-e
fiqh-e Islami (Tehran: Nashr-e Farhang-e Islami, Autumn 1362 Sham.), pp. 57-58.
43. Ibid., pp. 77-78.
44. Ibid., pp. 78-80.
45. Ibid., pp. 84-85.
46. Ibid., p. 108.
47. Ibid., p. 116.
48. Ibid., pp. 119-25.
49. Ibid., ~ 11 9-20.
50. Ibid., pp. 123-24.
51.Ibid., pp. 164-65.
52. Ibid., pp. 186-87.
53. Ibid., pp. 180-7 1 (right to freedom of residence), 178-8 1 (legal rights),
193 (right to trade), 196 (right to agriculture), 197 (right to economic freedom),
and 202-3 (professional freedom).
54. "The Constitution of the Islamic Republic, op. cit., p. 145.
55. Syed Ameer Ali, op. cit., p. 256.
56. Dr. Khaza`i1i, op. cit., p. 60.