Human Rights in Islam

Introduction
• Islam is a complete code of life; a deen not just a religion
• Provides a perfect charter of fundamental human rights
• These are divided into two types;
• - Fundamental human rights
• -Rights of non muslims in the Islamic State
• Sources of these rights;
• -The Holy Quran
• -The Ahadith
• Huquq ul Abad over Huquq ul Allah
• There is a hadith of when Prophet Muhammad SAW was asked,

• “Who is the best Muslim?” He replied, “He is the one from whose hand and tongue all Muslims are
safe (Sahih Bukhari).
• Highlighting The Importance of hoqooq ul Ibaad: 
• Once Prophet Muhammad SAW was asked,
• “O Messenger of Allah! A certain woman prays in the night, fasts in the day, does pious actions and
gives charity, but she injures and hurt her neighbors with her tongue.”
• The Messenger of Allah (PBUH) said, “There is no good in her. She will go to Fire.”
• The Sahaba said,
• “Another woman prays only the prescribed prayers and gives very little as charity and does not injure
anyone. Her neighbors happy with her attitude ”
• The Messenger of God said, “She is one of the people of Paradise.” [Bukhari in Al-Adabul Mufrad]
Khutbah Hajjatul Wida termed charter of human rights

• The Human Rights Charter of the world may be called a modern version of the Farewell Sermon of the
last and final Messenger (PBUH).
• The last sermon served to be a declaration of basic human rights
• We know how black Africans were made slaves.
• Western black men were not counted as humans.
• Martin Luther King launched a difficult struggle against the white people of America in order to win civil
rights for the black Americans.
• But many years before Martin Luther and Nelson Mandela, our beloved Prophet strictly finished the
chapter of racism through farewell sermon.
• The Prophet of Allah (pbuh) said: “All mankind is from Adam, and an Arab has no superiority over a
non-Arab nor a non-Arab has any superiority over an Arab; also a white has no superiority over a black
nor does a black have any superiority over a white, except by the piety and good actions.” 
• It is, indeed, a sermon by which more of its contents on human rights are now found to be included in
the modern international declarations and national bills on human rights.
Emphasis on human rights in the farewell
address
• 1. Right to life, its safeguard, security and respect.
• 2. Right to property, its safeguard, security and respect.
• 3. Right to reclamation of trust from the trustee by the owner or the beneficiary.
• 4. Right of Allah to be dedicated to, and which the man is accountable for it.
• 5. Duty of refrain from usury activities; the right due to Allah through the man’s
obedience.
• 6. Right to freedom and enjoyment of the earnings.
• 7. Right to freedom and safety from inequity; right to Justice.
• 8. Duty to refrain from un-Islamic legal systems; right of Allah = duty of the Muslims,
right of the Muslims = duty of the state.
• 9. Duty of observing the lunar calendar
• 10. Right to safety of religion and freedom from impediments thereto.
11. Rights of the husband = duties of the wife.
• 12. Rights of the wife = duties of the husband.
• 13. Rights of the women to the best treatment.
• 14. Rights of Allah upon the Muslims through the observation of
Islamic rites.
• 15. Right to equal treatment and freedom from discrimination.
• 16. Duty of preserving the Islamic brotherhood
• 17. Right to freedom from forceful acquisition of one’s property and belongings.
• 18. Right to freedom from Injustice
• 19. Duty of adherence to the tenets of the Qur’an and the Sunnah; right of Allah and
the prophet.
• 20. Right to freedom of access to information.
• 21. Right to fair hearing.
• 22. Right to freedom from non-personal criminal responsibility.
• 23. Duty of preserving and promoting the realization of the objectives of Islamic Law.
• 24. Right of prisoners/wards/servants to good treatment.
• 25. Right to inheritance.
Comparison of the farewell address with the
UN-UDHR, 1948
• On the 10th of December 1948, the General Assembly of the United
Nations unanimously adopted some values as universal human rights
worthy of recognition and respect by all manners of persons and
governments across the globe.
• The values have come to be known as Universal Declaration of Human
Rights.
• Except in few places, however, the declaration is almost a repetition
of all the human rights declared in the farewell address of Prophet
Muhammad (P.B.U.H).
The Western Philosophy of Human Rights
• The evolution human rights in west is often traced back to Magna
Carta 1215
• The concept of natural rights took several centuries to evolve until its
formulation in the 17th century (John J Rosseau’s Social Contract)
• In 1948, Europe came up with the idea of UDHR under the aegis of the
UN(natural consequences of horror of west originated after the world war)
• In the West the concept of human rights includes
• -Political liberty of individuals
• -Cultural and economic rise
• -Right to live
• -Right to freedom of expression
• However, the first human rights document is traced back to Islamic history,
The Charter of Medina
• According to article 2 of the Charter, the parties in the agreement
shall form one community.
• This clearly guarantees equality without any discrimination as similar
to article 7 of the UDHR.
• According to article 7 of the UDHR, “All are equal before the law and
are entitled without any discrimination to equal protection of the law.
All are entitled to equal protection against any discrimination in
violation of this declaration and against any incitement to such
discrimination.”
• Article 13 of the Medina Charter states
• ‘Indiscriminate Rule of Law and Justice for all communities’.
• According to this Article, ‘Every group shall secure the release of its
captives ensuring that an indiscriminate rule of law and justice is
applied among the believers’.
• This is strikingly similar to that of Article 26 of the International
Covenant on Civil and Political Rights 1966.
• Article 26 states ‘All persons are equal before the law and are entitled
without any discrimination to the equal protection of the law.’
• Articles 20 of the Charter states non-Muslim minorities (Jews) have the same right
of life protection (like Muslims).
• The Framework Convention for the Protection of National Minorities, 1994 also
ensures protection of minorities in a community.
• Article 30 of the Charter guarantees Freedom of Religion for both Muslims and
non-Muslim minorities.
• It states, ‘The Jews of Banu Awf (non-Muslim minorities) shall be considered a
community along with the believers. They shall be guaranteed the right of religious
freedom along with the Muslims. The right shall be conferred on their associates as
well as themselves except those who are guilty of oppression or the violators of
treaties. They will bring evil only on themselves and their family.’
Islamic Philosophy of Human Rights
• The basic human rights given by Quran and Sunnah includes;
• Equality of all humans
• Right to life
• Right to religious freedom
• Right to basic needs
• Right to chastity, dignity and lineage
• Right to justice
• Right to property
• Right to protection of reputation
• Right to enjoin virtue and eradicate evil
• Right to protest
• Right to peacemaking
• Right to participate in public affairs
• Right to social and legal equality
• Right to inheritance
• Right to brotherly treatment
• Right to protection of trust
• Right to struggle for just social order
• Right to association
• Right to refuse obedience to oppressive rulers
• Right to life for the inborn child
Rights of Non Muslims in an Islamic State
1. Right to life and property
-As per the charter;
• (25) And the Jews of Banu ‘Awf shall be considered as one community (Ummat) along with the
believers—for the Jews their religion, and for the Muslims theirs, be one client or patron. But
whoever does wrong or commits treachery brings evil only on himself and his household.
• (26) And the Jews of Banu-an-Najjar shall have the same rights as the Jews of Banu ‘Awf.
• (27) And the Jews of Banu-al-Harith shall have the same rights as the Jews of Banu ‘Awf.
• (28) And the Jews of Banu Sa‘ida shall have the same rights as the Jews of Banu ‘Awf
• (29) And the Jews of Banu Jusham shall have the same rights as the Jews of Banu ‘Awf.
• (30) And the Jews of Banu al-Aws shall have the same rights as the Jews of Banu ‘Awf.
• (31) And the Jews of Banu Tha‘laba shall have the same rights as the Jews of Banu ‘Awf. But
whoever does wrong or commits treachery brings evil only on himself and his household.
• As per the charter non muslims had the following rights
• The security of God is equal for all groups,
• Non-Muslim members have the same political and cultural rights as
Muslims. They have autonomy and freedom of religion.
• Non-Muslims take up arms against the enemy of the nation and share
the cost of war. There is to be no treachery between the two.
• Non-Muslims are not obliged to take part in the Muslims' religious
wars.
2. Freedom of religion and worship
• - “ You have not been appointed as their supervisors and controller”.
• - ”You are not appointed to force them to believe”.
• - “ And abuse not those whom they call upon besides Allah, lest
exceeding the limits they abuse Allah through ignorance. Thus, to
every people we have made their deeds fair seeming” – Al Quran
3. Exemption from military service
- Non-Muslims are not obliged to take part in the Muslims' religious
wars. (charter of Medina)
- Can fight voluntarily
4. Payment of Jizya (on place of zakat)
- Parallel to zakat
- Much lower than zakat
- Many classes of zimmis are exempt; the poor, priests, monks, sick,
widows, old
- “By God, it is not just that a man who has paid jizya in his youth
should be required to pay it when he has grown old”- Caliph Umar
5. Protection of places of worship
• “And had there not been Allah's repelling some people by others,
certainly there would have been pulled down cloisters and churches
and synagogues and mosques in which Allah's name is much
remembered; and surely Allah will help him who helps His cause;
most surely Allah is Strong, Mighty”. – Al Quran
• In some Muslims countries the places of non muslims for worship
outnumbered mosques (Mughal Empire in the medieval era)
Conclusion
• To be written by students
Material to consult
• https://www.daily-sun.com/post/251881/The-sermon-of-Hajjatul-Wid
a:-A-complete-charter-of-human-rights
• http://lcwu.edu.pk/ocd/cfiles/Gender%20&%20Development%20Stu
dies/Maj/GDS%20%E2%80%93%20308/TheFarewellAddressofProphe
tMuhammad.pdf
• https://www.daily-sun.com/post/273835/UDHR-and-Medina-Charter
#:~:text=The%20Medina%20Charter%20has%20been,ever%20constit
ution%20written%20by%20mankind.&
text=Also%20known%20as%20the%20Constitution,Muslim%20town
%20at%20that%20time
• https://en.wikipedia.org/wiki/Constitution_of_Medina
Print
• https://
www.rsisinternational.org/journals/ijriss/Digital-Library/volume-3-iss
ue-1/148-155.pdf