In the name of Allah ,the Most Beneficent, the Most Merciful

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Misconceptions On Human Rights In Islam
by:  Abdulrahman A. Al-Sheha.
Original language:  Arabic.
Rendered into english by:  Dr. Mohammed Said Dabas.
Publishing house:  Islamic Propagation Office in RABWAH P.O.Box 29465 Riyadh 11457.
Publishing date:  1422H/2001G.
ISBN:  9660-39053.
Printed on the expense of:  Faisl Al-Samannoudi (may Allah forgive him and his parent).
Press via:  Safir Press, Tel:+966-1-4980780.


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Bismillah-ir-Rahmanir-Raheem
In the Name of Allah, the Most Beneficent, Most Merciful!

Introduction

            All Praise is due to Allah. May the peace and blessings be upon His slave servant, Messenger, Muhammad (peace and blessings of Allah be upon him).

            Every society has a set of rules and principles that guarantee and ensure its individuals the rights and security. This enables them to feel a sense of belonging, attachment, tranquility. Individuals need to have this feeling of belonging, peace and security in order to perform their tasks and duties in a satisfactory manner.

            Presently, three distinct trends are discernable in our global society. The first trend exaggerates the right of the individual on the society. This trend gives the individual full freedom to do as he pleases. This, no doubt, leads to a chaotic social situation. Because of this unlimited freedom granted to the individual, the entire society suffers immensely. Crime rate increases. Materialistic impact overwhelms. This trend is found in the capitalist society.

            The second trend is contrary to the above. It advocates the right of the society over individual. It assigns society superiority over general masses. The latter is stripped of all their individual rights. Only rights that serve the government are granted to the individuals of such society. This trend is known as communism.

            The third trend neither emphasizes the right of the society over the individual, nor the right of the individual over the society. Each is rather given its due right in life. The individual members in a society enjoy their own rights, and the society has its own rights as well. Both rights are governed and controlled by strict rules and conditions. In this trend, the public interest is given priority over the interest of an individual in case of a conflict.

            In this booklet, we shall address, in a general way, the human rights in the light of Islam. These rights are based on the Divine Book of Muslims, the Glorious Qur'�n and from Sunnah practice of Allah's Messenger (peace and blessings of Allah be upon him), the two main sources of Islamic life and jurisprudence. Both the Glorious Qur'�n and the Sunnah practices of Allah's Messenger (peace and blessings of Allah be upon him), aim to produce an ideal individual, in interactions with other individuals in his own society and any other society all over the globe.

            We firmly believe that the application of the social rules and the principles of the third trend will definitely make the entire humanity happier. Furthermore, the application of these principles will enable the society to achieve optimum peace and security. These social rights and principles are not a result of previous experiences, social ideologies, temporary and immediate needs and/or political drives and motives.

            The essential reason for our firm belief in such social rights and principles is the fact that these are set out by the Creator of man Who knows well what suites his creation at all times. The Almighty Allah knows best what benefits man, what harms man, what makes man happy, what saddens him, what makes man successful, what makes man miserable and so on and forth. He (peace and blessings of Allah be upon him) is the Best Knower. He knows what suits best and fulfills the entire needs of His creatures on earth and makes their lives successful, secure and joyful.

            The Glorious Qur'�n, which was revealed and sent down unto Muhammad (peace and blessings of Allah be upon him), some fourteen hundred years ago, contains a great deal of these essential social rules. Additionally, the Sunnah practices of Allah's Messenger (peace and blessings of Allah be upon him), the second source of Islamic law, contain a lot of guidelines for the same. These social rules and principles were set forth by Allah's Messenger (peace and blessings of Allah be upon him) some fourteen hundreds years ago in the best form and manner. Both, the Glorious Qur'�n and Sunnah practices of Allah's Messenger (peace and blessings of Allah be upon him) honored man and his individual rights in the society. On the other hand, both sources of Islamic law did not overlook the needs and rights of the society and the public interest. In fact, The Almighty Allah states in the Glorious Qur'�n Sura Isra [Night Journey] 17:70 the meaning of which is translated as: � Take alms from their wealth in order to purify them and sanctify them with it� (At-Taubah:103). According to Ibn Abbass, may Allah be pleased with him, � We have honored the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favors, above a great part of Our Creation�.

            Such honor to mankind entails offering him a set of rights that ensures his life's continuity, freedom and provision. Consequently, man is honoured and made him super being on earth. Yet, in order to execute the role of the super being on earth, there should be classes and categories of mankind in order to perform specific tasks by specific individuals. As such, the society will have better foundations and performance. This concept is illustrated by the Almighty Allah in the Glorious Qur'�n Sura Anam [The Cattle] 7:165 the meaning of which is translated as:� It is He Who has made you (His) agents; inheritors of the earth. He has raised you in ranks, some above others that He may try you in the gifts He has given you. This is because Your Lord is quick in punishment. Yet, He is indeed Oft Forgiving, Most Merciful�.

            In fact, we should point out here that the human rights according to Islam reflect continuous process that never ceases even after man's death. Man is entitled to be properly washed, or rather bathed gently, upon his death. Man is also entitled to be wrapped in one, or a set of three to five, white, new, clean shrouds[1] , then he is entitled to a funeral prayer to be offered as a farewell to his body and soul in this life. Furthermore, Islam forbids to tamper with a deceased cadaver, cutting an ear, a tongue, poking an eye, pulling a tooth, removing a nose, cutting off a leg, or the like. This is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him),� Breaking a bone of a deceased is identical in sin to breaking a living person's bone�[2].

            Furthermore, after death, a deceased is further honored with the following rights: the grave of a Muslim deceased must not be dug up for no significant and honorable reason, no body is allowed to sit on top of the grave of a Muslim deceased and no body has the right to walk over the grave of a Muslim deceased. This is also based on the Hadith and instruction of Allah's Messenger (peace and blessings of Allah be upon him):� It is far better for a person to sit on a burning charcoal that burns his clothes, then he feels the burn on his skin, than to sit down on a grave�[3].

            Yet, a Muslim deceased is also entitled for protection against gossip and ill memories, even after his death. This is based on the following Hadith of Allah's Messenger (peace and blessings of Allah be upon him):� (only) mention the good things of your deceased and shun away from mentioning any defaming items (they were known with while alive� [4].

            In fact, there are more rights for a Muslim deceased as follows: the deceased is entitled for the prayers, supplications and charity donated on his behalf after death. A Muslim deceased is also entitled for the full execution of his will and whatever he promised or pledged to do while alive, but could not fulfil it due to abrupt death. This is based on the Hadith of Allah's Messenger (peace and blessings of Allah be upon him):� A man asked Allah's Messenger (peace and blessings of Allah be upon him):Oh Prophet of Allah! My parents died. Is there anything I can do to please them and be good to them, even after their death? Allah's Messenger r replied immediately,Yes. Pray for their souls. Honor their friends and be generous to them. Remain in touch and on good terms with their kin and kith, and fulfil their pledge of allegiance (which they committed themselves to do while they were alive)�.

            Yes, we can notice that some international human organizations, nowadays, call to principles similar to what we stated above. However, Islam established these human rights some fourteen centuries ago. Conversely, the rights enumerated by modern international organizations are characterized with deficiencies and flaws. Such rights are enumerated established not for the interests of the human beings in the first place, but rather to the benefit of such organizations. This case becomes evident as we see many human rights all over the world are being violated, yet, there is no organization that gets up to defend such abused human rights. The poor are not supported. The weak are neglected.

            Humanitarian organizations do not come to the aid of the oppressed persons because by helping them, their interests are not served. Surely, if such organizations wanted to help, they can do it. However, since their interests are not served by providing such help to the oppressed ones, they would not interfere to protect the interests of the oppressed. Such organizations, in such cases, raise a slogan of "Don't interfere in internal affairs of other countries or people." Islam, on the other side, calls for the protection, defense and the support of the oppressed ones, by sacrificing the personal interests. Islam urges to remove any oppression of the oppressed ones, if one is capable to do so, provided no personal injury is occurred to the remover of oppression or others, and provided as well, that the rules and regulations of a Muslim governor or government are not trespassed. The Almighty Allah states in the Glorious Qur'�n Sura Nisa [Women] 4:75 the meaning of which is translated as:� And why should you not fight in the cause of Allah and of those who, being weak, are ill-treated (and oppressed)? Men, women, and children, whose cry is: Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from you one who will protect; and raise for us from you one who will help!�.

            It is important to point here that the implementation of the human rights in the Islamic countries is inextricably linked with the commitment to implement the Islamic teachings and principles. Some Islamic countries turn their back completely to Islam, while other only take what serves their own purposes and interests. Still, there are some other Islamic countries who just pretend that they are implementing the Islamic teachings and principles but, in reality, they are trying to destroy or distort Islam from within. Therefore, we would like to point out here that an objective person, who would like to study Islam, should do so by studying it on its own merits as a fully developed system. The behavior and courses of actions of certain individuals, groups, people, countries or governments must not influence such a person. As we pointed out earlier, the implementation of Islamic principles and Islamic law vary according to the commitment to Islam in the first place. If the system is good, and we noticed some shortcomings and faults in the application. Accordingly, we must examine the application itself and not the system. For example, if we come across a person who claims to act as a good Muslim, but as we examine his behavior, attitudes and personality, we notice totally something else, then we should question it. If we notice lying, cheating, breaching of contracts and deception in the attitude of such a person we must not accuse the system itself, i.e., Islam, with deficiencies, but rather the person himself. We should, thoroughly, examine what the system itself and consider its byproducts. A simple example may be given here, if a person needs bread he would go to the bakery, or at least to a place where bread may be sold such as a grocery shop or a supermarket. If a person in need of bread goes to a butcher or a fruit shop he would not be able to find bread there. There is a general statement in the Glorious Qur'�n explaining such a case. The Almighty Allah states in the Glorious Qur'�n Sura Anam [The Cattle] 6:116 the meaning of which is translated as:� If you to follow the common run of those on earth, they will lead you away from the Way of Allah. They follow nothing but conjecture: they do nothing but lie�.

            Regretfully, we observe that many Muslims all over the world nowadays, are not true representatives of Islam. Many Muslims commit a lot of mistakes and have many deficiencies as well. This is very unfortunate situation, but it is true. The reason for presenting such a statement in this introduction is simply to warn out in advance any and inform all those who would like to accept Islam as a way of life. They should not be influenced or deceived by the attitudes and vices of such Muslims.

            We hope such interested individuals would not be despaired. On the other hand, we mean to urge and encourage Muslims to maintain the best of practice and the application of their faith in every aspect of life. Moreover, we call non-Muslims to examine Islam, try to understand its principles, and try to live by its standards.

            I was once informed of a new American Muslim, who accepted Islam recently, came to an Islamic country. He was shocked to observe the situation of Muslims in the Islamic society. He noticed how distant they were from the beautiful and ideal Islamic teachings and principles. He said, 'I thank the Almighty Allah for enabling me to accept Islam as a way of life prior to coming to this country. Have I come to this country before I accepted Islam, I would have never thought of joining Islam'.

            This new Muslim made this assertion because of what he saw of the malpractice of Muslims. This is indeed a very unfortunate situation.

Abdul Rahman A. Al-Sheha
E-mail: ALSHEHA@ISLAMLAND.ORG
P.O. Box 59565, Riyadh 11535, Kingdom of Saudi Arabia.

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[1] A shroud in Islam is a pice of white, cottony cloth material to warp the deceased with upon death. Deceased is buried with this shroud only.
[2] This Hadith is reported by Ibn Majah, Hadith No. 1616, Ahmad Hadith 24362 and Abu Dawoud 9:18.
[3] This Hadith is reported by Muslim Hadith No. 1024.
[4] This Hadith is reported by Abu Dawoud 9:35 and Tirmithee Hadith No.971.