Human Rights in the Qur'an (Part One) *
By Dr.
Riffat Hassan
Professor of Religious Studies and Humanities — Louisville
University
Given the centrality of the Qur'an in the lives of the majority
of more than one billion Muslims worldwide, the critical
question is, "What,
if anything, does the Qur'an say about human rights?"
I believe that the Qur'an is the Magna Carta of Muslims. A large
part of its concern is focused on freeing human beings from the
bondage of traditionalism, authoritarianism (religious,
political, economic, etc.), tribalism, racism, sexism, slavery,
or anything else that prohibits or inhibits human beings from
actualizing the Qur'anic vision of human destiny. This vision is
embodied in the following classic proclamation: (And
that to your Lord is the final goal) (An-Najm
53:42).
The Glorious Qur'an affirms the fundamental rights that all
human beings possess. These rights are so deeply rooted in our
humanness that denying or violating them is tantamount to a
negation or degradation of that which makes us human.
From the perspective of the Qur'an, these rights came into
existence when we did. They were created by Allah (just as we
were) so that our human potential could be actualized. Not only
do these rights provide us with an opportunity to develop all
our inner resources but also they hold before us a vision of
what Allah would like us to be — what Allah wants us to strive
for and live for and die for.
The rights created or given by Allah cannot be abolished by any
temporal ruler or human agency. Eternal and immutable, these
rights ought to be exercised, because everything that Allah does
is for a just purpose.
Right to Life
Sanctity and absolute value of human life are upheld in the
Qur'an. Almighty Allah says,
(And
that you slay not the life, which Allah has made sacred, except
for the requirements of justice. This He has enjoined you with,
in order that you may discern.)(Al-An`am6:151)
The Qur'an points out that, in essence, the life of each
individual is comparable to that of all
humankind and
should therefore be treated with the utmost care:
(For
this reason did We decree for the children of Israel that (for)
whoever slays a soul, unless it be for manslaughter or for
mischief in the land, it is as though they slew all humankind,
and (for) whoever keeps it alive, it is as though they kept
alive all humankind.) (Al-Ma'idah
5:32)
Right to Respect
Almighty Allah says,(Verily
we have honored the Children of Adam)(Al-Israa' 17:70).
Human beings are deemed worthy of esteem because, of all
creation, they alone chose to accept the Trust, one aspect of
which is freedom of the will. Almighty Allah says,
(Verily
We offered the Trust unto the heavens and the earth and the
mountains, but they shrank from bearing it and feared from it,
and man undertook it; indeed he is unjust, ignorant.)(Al-Ahzab
33:72)
Human beings can exercise freedom of the will because they
possess the rational faculty that distinguishes them from all
other creatures. In the Glorious Qur'an, Almighty Allah says,
(And
when your Lord said to the angels, "I will place a vicegerent in
the earth.")(Al-Baqarah
2:30)
Although human beings can become "the lowest of the low" (by
doing evil deeds),
Almighty Allah declares that they have been made "in the best
make":
(Indeed
We created man in the best make. Then We render him the lowest
of the low, except those who believe and do righteous deeds:
They shall have a reward unfailing.)(At-Tin
95:4–6)
Human beings have the ability to think, discern right from
wrong, and do good and avoid evil. Thus, on account of the
promise contained in being human (namely, the potential to be
Allah's vicegerents on earth), all human beings are to be
respected and their humanness is to be considered an end in
itself.
Right to Justice.
The right to seek justice and the duty to do justice are greatly
emphasized in the Qur'an. Almighty Allah says,
(O
you who believe, be upright for Allah, bearers of witness with
justice, and let not hatred of a people incite you not to deal
justly. Deal justly — that is nearer to piety, and be careful of
(your duty toward) Allah; surely Allah is Ever-Aware of what you
do.) (Al-Ma'idah
5:8)
And again, in Surat An-Nisaa', the importance of upholding
justice is emphasized:
(O
you who believe, be maintainers of justice, witnesses for Allah,
even though it be against yourselves or (your) parents or (your)
near relatives, whether (the case be of) a rich or a poor, for
Allah is nearer unto both (than you are). Therefore, do not
follow (your) low desires, lest you deviate, and if you swerve
or turn aside, then surely Allah is Ever-Aware of what you do.)(An-Nisaa'4:135)
In the context of justice, two concepts are used in the Qur'an:
`adl (Arabic forjustice) and ihsan(Arabic
for goodness and perfection). Almighty Allah says,
(Verily
Allah enjoins the doing of justice and the doing of good and the
giving to the kindred, and He forbids lewdness and abomination
and wickedness.) (An-Nahl
16:90)
Both concepts are enjoined, and both are related to the idea ofbalance. However,
the two concepts are not identical in meaning. `Adl is
defined by A.A.A. Fyzee, a well-known Muslim scholar, as to
be equal, neither more nor less.Explaining this concept,
Fyzee wrote,
In a court of justice, the claims of the two parties must be
considered evenly, without undue stress being laid upon one side
or the other. Justice introduces the balance in the form of
scales that are evenly balanced.
`Adl was described in similar terms by Abul Kalam Azad(1888–1958),
a noted writer and famous translator of the Qur'an:
What is justice but the avoiding of excess? There should be
neither too much nor too little, hence the use of scales as the
emblems of justice.
Lest any one try to do too much or too little, it is pointed out
in the Qur'an that no human being can carry another's burden or
attain anything without striving for it. Almighty Allah says,
(Or
has he not been informed of what is in the Scriptures of Moses
and (of) Abraham, who fulfilled (the commandments), that no
bearer of burden shall bear the burden of another and that man
shall have nothing but what he strives for?)(An-Najm
53:36–39)
As individual merit is part of `adl, the Qur'an teaches
that merit is not determined by lineage, sex, wealth, worldly
success, or religion; it is rather determined by righteousness.
Righteousness consists of both right iman (faith or
belief) and just `amal (actions or deeds), as clearly
indicated by Almighty Allah:
(It
is not righteousness that you turn your faces toward the east
and the west, but righteous are those who believe in Allah and
the Last Day and the angels and the Book and the Prophets, and
give away wealth, out of love for Him, to the kinfolk and the
orphans and the needy and the wayfarer and the beggars and for
(the emancipation of) the slaves, and keep up Prayer and pay the
poor rate, and the performers of their promise when they make a
promise, and the patient in distress and affliction and in time
of conflicts. Such are they who are true (to themselves), and
such are they who guard (against evil).)(Al-Baqarah
2:177)
(Verily
the most honored of you in the sight of Allah is the most
righteous of you.)(Al-Hujurat
49:13)
Surat An-Nisaa' clearly distinguishes between passive believers
and those who strive in the way of Allah:
(Not
equal are those of the believers who sit still — other than
those who have a (disabling) hurt — and those who strive in the
way of Allah with their wealth and lives. Allah has conferred on
those who strive with their wealth and lives a rank above the
sedentary, and unto each Allah has promised good, but Allah
shall grant to those who strive a great reward above the
sedentary.) (An-Nisaa'
4:95)
In the spirit of `adl, just as special merit is
considered in the context of rewards, special circumstances are
also considered in the context of punishments. For instance, for
crimes of unchastity, identical punishments for a guilty man or
woman are prescribed in the Qur'an. However, the Qur'an
differentiates between different classes of women: For the same
crime, slave women were given half of the punishment, while the
Prophet's wives were warned of double the punishment given to a
"free" Muslim woman.
Here, it is self-evident that the Qur'an upholds high moral
standards, particularly in the case of the Prophet's wives,
whose actions had a normative significance for the community.
However, such a distinction also reflects Allah's compassion for
slave women, who were socially disadvantaged.
While `adl is constantly enjoined in the Qur'an, the
Qur'anic context goes beyond this concept to ihsan, which
literally means restoring the balance by making up a loss or
deficiency. Understanding this concept necessitates the
understanding of the nature of the ideal Ummah or society
envisaged in the Qur'an.
The word ummah comes from the root umm(Arabic for
mother). The ideal Ummah cares about all its members, just as an
ideal mother cares about all her children, knowing that all are
not equal and that each has different needs.
While showing undue favor to any child would be
an unjust act, a mother who gives a disabled child more care
than the care she gives to other children is not considered
unjust. In fact, such a mother exemplifies the spirit of ihsan by
helping to make up for the deficiency of a child who is unable
to perform some or all the basic tasks of daily life.
Thus, ihsan is the embodiment of sympathy for the
"disadvantaged" segments of human society, such as women,
orphans, slaves, poor and infirm people, and minorities.
* Excerpted
with modifications from IRFI.org.
Dr. Riffat Hassanis
a member of the Islamic Research Foundation International, Inc.
(IRFI) and is an award-winning scholar, an inimitable voice for
moderate Islam and interreligious dialogue, and professor of
religious studies and humanities at the University of
Louisville, Kentucky, the US. In February 1999, she founded the
International Network for the Rights of Female Victims of
Violence in Pakistan (INRFVVP), a nonprofit organization with a
worldwide membership.
Source:
Islamonline.net