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