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Human Rights in Islam And Common Misconceptions

By: yAbdul-Rahman al-Sheha y


( busalman102@yahoo.com)
Adaptation by: "
Abu Salman Deya ud-Deen Eberle"
uman Rights in Islam and Common Misconceptions

Introduction y
All Praise is due to Allah and may Allah exalt the mention of aHis aProphet and
arender ahim and ahis ahousehold, ahis aCompanions, and those who follow their w
ay safe from every aevil, and grant them security on the Day of Resurrection. a
Every asociety amust aensure afor aits acitizens athe arights athat aguarantee f
or them their basic needs and security, and enable athem to feel a sense of belo
nging and attachment to the larger asocial group. Individuals need to feel secur
ity and a sense of abelonging ain aorder ato aperform atheir atasks and aduties
ain a asatisfactory manner. a
Presently, three distinct trends are discernable in our global asociety. The fir
st trend exaggerates the right of the individual aover the society. This trend g
ives the individual full freedom ato do as he pleases with minimal restrictions.
Unfortunately athis leads to a chaotic social situation because when unlimited
afreedom ais agranted ato athe aindividual, aselfish adesires apredominate and b
ring conflicting results. The entire society asuffers immensely from greed and s
elfishness. This trend is afound in the liberal democratic capitalist society. a
The second trend, contrary to the above, advocates the rights aof the society ov
er the individual. The latter is stripped of his aindividual rights. Only rights
that serve the ruling regime are agranted to the individuals, according to the
dominant ideology aof athe aruling aclass aor agroup. aThis atrend ais aprevalen
t ain acommunist and totalitarian societies. a
The third trend, ideally neither emphasizes the right of the asociety over the i
ndividual, nor the right of the individual over athe society. Each is given its
due right in life according to the a
uman Rights in Islam and Common Misconceptions H

given asystem. aRights and aobligations are agoverned and acontrolled aby astric
t arules and aconditions. aIn athis atrend, athe apublic ainterest ais agiven ap
riority aover athe ainterest aof an aindividual only in case of a serious confli
ct. a
In this booklet we shall address human rights in the light of aperfectly abalanc
ed asystem aof alaws and aprinciples aof aIslam. aThese rights are based on reve
lations from the Divine Book of aMuslims, athe aGlorious aQur’an and afrom athe
aSunnah, athe apractice aof aAllah.s aMessenger a(.) athe atwo amain asources ao
f aIslamic life and jurisprudence. Both the Glorious Qur’an and athe aSunnah aim
ato aproduce an aideal aindividual ain an aideal asociety: all interact with ea
ch other to produce the harmony of athe aindividuals awith aAllah atheir aLord a
nd aCreator, awith athemselves, others, the society in general, and other societ
ies a
ll over the globe. a
We firmly believe that the application of the individual and asocial principles
of the third trend, when guided by the perfect arevealed alaw afrom aAllah ain a
the HQur’an Hand HSunnah, awill adefinitely make humanity happier and more prosp
erous. The application aof athese aprinciples awill aenable athe asociety ato ac
hieve peace and security. These social rights and principles are anot a aresult
aof aprevious aexperiences, asocial aideologies, a
temporary and immediate needs and/or political drives and amotives: arather athe
y are afrom athe aBeneficent ynd athe yOmniscient for man.s progress to happines
s in this life and asalvation in the Hereafter a
Our firm belief in the truth and justice of the Islamic rights and principles is
due to the fact that Allah, the Most Merciful and only Creator of man, reveals
them. He knows well what asuits His creation at all times, what benefits or harm
s man, awhat makes him happy or sad, what makes him successful or a
uman Rights in Islam and Common Misconceptions H

miserable. aBy aHis aknowledge and abeneficence aHe ahas alegislated what suits
best and fulfills the essential needs of all aHis creatures on earth and makes t
heir lives successful, secure a
nd joyful. a
The Glorious aQur’an, awhich awas revealed and sent down aunto Muhammad (.) is t
he everlasting miracle that contains athe basics of these essential rules. The S
unnah, the practices of aAllah.s Messenger (.) which is the second source of Isl
amic alaw, contains the detailed revealed guidance. These rules and aprinciples
awere aset aforth aby aAllah.s aMessenger a(.) asome afourteen hundred years ago
in the best form and manner and awill remain relevant forever. Both, the Glorio
us Qur’an and aSunnah (practices of Allah.s Messenger .) honor man and his aindi
vidual rights in the society. These sources of Islamic law adid not overlook the
needs and rights of the society and the apublic ainterest. aIn afact, aThe aAlm
ighty aAllah astates ain athe aGlorious Qur’an: a
.We yhave yhonored ythe ysons yof yAdam; yprovided ythem ywith ytransport yon yl
and yand ysea; ygiven ythem yfor ysustenance things good and pure; and conferred
on them yspecial favors, above a great part of Our Creation.. (17:70) a
Man will only gain this honor and privileges when he fulfills ahis obligations a
nd renders the rights due to their owners. a
In order to execute the role of the special place on earth, athere is a need for
specific tasks to be performed by specific aindividuals. This concept is illust
rated by the Almighty Allah ain the Glorious Qur’an: y
.It is He Who has made you (His) agents and inheritors yof ythe yearth. yHe yhas
yraised you yin ranks, some above yothers, that He may try you in the gifts He
has given you. y
uman Rights in Islam and Common Misconceptions H

This is because Your Lord is quick in punishment. Yet, yHe is indeed Oft-Forgivi
ng, Most Merciful.. (7:165) a
Some anations and ainternational aorganizations, alike athe aUnited Nations, cal
l loudly to principles that seek to guarantee ahuman rights. Islam established,
within its enlightened Shari.ah a(law and jurisprudence) many aof these human ri
ghts some afourteen acenturies ago. aThe arights aenumerated aby amodern aintern
ational organizations are characterized with deficiencies ain conceptualization,
flaws in formulation, and injustices in a
pplication. They are subject to political agendas, economic apressures and acult
urally abiased aviewpoints. aThey acarry athe aresidues of colonialism and imper
ialism. Such rights are often aenumerated and established not for the interests
of all humans, arather, ato athe abenefit aof acertain agovernments, aorganizati
ons and apowerful aspecial ainterest agroups. aThis abecomes amore aevident when
, as we see all over the world, many of our fellow ahumans suffering from the wo
rst atrocities, and yet, there is no aorganization to truly defend the poor and
the weak. Glaring ainequalities and abuses between nations and within nations a
re growing worse and worse even before our eyes, and the aprescriptions for aid
and development mire them deeper into amisery as if they were meant to perpetuat
e their misery and aservitude. a
It amay abe athat asome aof athe ahumanitarian aorganizations acannot come to th
e aid of some oppressed persons for political a
nd economic reasons. Some sincere organizations have been abarred afrom aengagin
g ain ahumanitarian aefforts, awhile aothers ahave abeen allowed abecause athey
apromote agendas and aproselytize to the sectarian ideals, aor special interest
groups, amore acceptable to the dominant powers. Some organizations araise sloga
ns like aDo not interfere in the internal affairs of aother acountries. aor aWe
amust aremain aconfined ato apolitical a
uman Rights in Islam and Common Misconceptions H

relities. etc. Islm clls for the protection, defense and the asupport of the opp
ressed peoples of the world, by removal of aroot acauses aof aoppression and aex
ploitation. aIslamic alaw ais astructured ato aremove any aoppression and aexplo
itation according to rules of enjoining the right, forbidding the wrong, a
nd struggling in the path of Allah the Exalted. a
The Almighty Allah states in the Glorious Qur’an: y
.And why should you not fight in the cause of Allah, and yof ythose ywho, ybeing
yweak, yare yill-treated y(and yoppressed)? yMen, ywomen, yand ychildren, ywhos
e ycry yis: y"Our Lord! Rescue us from this town, whose people are yoppressors;
yand yraise yfor yus yfrom you yone ywho ywill yprotect; and raise for us from y
ou one who will help!. a
(4:75) a
It is important to point out here that the enforcement of the alaws about ahuman
arights ain a aMuslim asociety ais alinked ainextricably awith athe asincere ac
ommitment ato athe aimplementation of Islamic laws and principles in letter and
aspirit. The ruling regimes of some Muslim countries turn their aback completely
to Islam, while others take only what serves atheir aown ainterests. aOthers am
ay ajust apretend athat athey are aimplementing some Islamic teachings and princ
iples but, in areality, are trying to destroy or distort and manipulate Islam af
rom within, and hamper just implementation of Islamic laws. aThey are not exampl
es of the defense of the human rights in aIslam. Therefore, we point out here th
e obligation that those awho would like to study Islam objectively, should do so
by astudying it on its own merits, as a fully developed system, and anot be bia
sed by certain malpractices of some claiming to be aMuslims. aThe adeviant abeha
vior and action aof acertain aindividuals, agroups, apeople, aor agovernments am
ust anot a
uman Rights in Islam and Common Misconceptions H

influence a person.s ultimate judgment. The implementation aof Islamic principle


s and Islamic law vary according to the acommitment to Islam and the practical a
bility to apply them to athe local circumstances. Even though a system is good,
there amay abe ashortcomings and afaults ain athe aperception and application. a
If awe anotice, afor aexample, alying, acheating, abreaching of contracts, decep
tion and corruption in a person, awe must not accuse the system for it, aunless
it allows and acondones those practices and auses them to advantage awith adupli
city. aSince aIslam acategorically aforbids athese aevils, aone amust rebuke the
person himself for his crimes, but not the asystem. We should thoroughly examin
e the system itself and aconsider its fruits. A simple example may be given here
: if a aperson needs bread, he would go to the bakery, or at least to a aplace w
here bread may be sold, such as a grocery shop or a asupermarket. 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’an explaining such a acase. The Almighty
Allah states in the Glorious Qur’an: y
.If you were to follow most of the people on earth, they ywill lead you away fro
m the Way of Allah. They follow ynothing but conjecture: they do nothing but lie
.. (6:116) a
Regretfully, awe aobserve athat amany aMuslims all aover athe aworld are anot at
rue arepresentatives aof aIslam abecause athey acommit grievous mistakes and hav
e many serious deficiencies ain belief and practice. We mention this unfortunate
situation to awarn those who study about Islam, about being influenced or adece
ived aby athe attitudes and avices aof any aMuslims athat amisrepresent Islam. S
erious students should not be despaired abut alook ato arepresentative aupright
aMuslims and athe acore ateachings aof Islam. We encourage Muslims to maintain t
he abest aof apractice and athe application aof atheir afaith ain aevery a
uman Rights in Islam and Common Misconceptions

spect aof alife. aWe acall anon-Muslims ato aexamine aIslam and aunderstand its
principles. a
There is the famous story of a new Muslim convert who, aupon visiting a Muslim c
ountry, was shocked to witness the ahorrendous situation of Muslims in that soci
ety, noting how afar removed they were from the ideal teachings and principles a
of Islam. He said: .I thank Allah the Almighty for enabling me ato accept Islam
prior to coming to this country. If I had come ahere before I accepted Islam, I
would never have thought of abecoming a Muslim!. He made this assertion because
he saw afirsthand the rampant malpractices of some Muslims. This is aindeed a ve
ry aunfortunate situation for awhich awe strive to acorrect. aOne afirst astep a
of acorrection ais awareness and aeducation. a
a
a
a
a
Abdul-Rahman al-Sheha
Riyadh, 11535
P.O. Box 59565
Email: alsheha@yahoo.com
http://www.islamland.org

.
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uman Rights in Islam and Common Misconceptions H

Islam and the Preservation of the Five Essential yNecessities of Life y


Introduction a
Islam, as athe alast and aperfect amessage afrom aAllah ato amankind, aims to es
tablish by its principles, legal framework a
nd code of ethics, an ideal society with a balance between aprotecting the right
s of the individual and the rights of the asociety acollectively. aOne away aof
achieving athis agol ais aby aproviding athe aessential anecessities athat aensu
re afor athe aindividuals atheir afull arights awithout adamage ato athe apublic
agood. If all members of the society enjoy their legal rights to apeace, tranqu
ility, freedom, and the general availability of all athe abasic ahuman arequirem
ents, abalanced awith athe apublic awelfare, they will all have the opportunity
to live a fruitful life aof fulfillment and contentment. a
This contentment is defined by the Messenger of Allah (.) awhen he stated: y
.Whosoever wakes up (in the morning) feeling that he is ysecure in his community
, free from ailments and diseases yin his body, and has enough provision for a s
ingle day, it yis as if he owns the entire world.y1 a
Islam formulates a unique system of rights and obligations athat aprovides afor
and apreserves athe afollowing afive abasic anecessities of human existence: y
1 Reported by at-Tirmidthi no. 2346 and verified as good. a
a
uman Rights in Islam and Common Misconceptions H

(1)yPreservation of the Divine Religion "


(2)yPreservation of the Self"
(3)yPreservation of the Mind"
(4)yPreservation of Honor and Lineage"
(5)yPreservation of Wealth "

a
All ahuman asocieties ahave adevised atheir aown asystems ato apreserve these ba
sic human necessities, and we will highlight athe unique aspects of the Islamic
system. Before we discuss athese abasic anecessities ain amore adetail, awe awil
l amake asome ageneral aobservations about athe aoften-misunderstood aterm a
equality.. y
Equality in Islam y
Men and women are created equal in their basic humanity, and all have the shared
lineage and dignity of Allah.s creation and privilege of man over the other cre
atures of His creation. aDiscrimination due to race, sex, color, lineage, class,
region or alanguage ais avehemently aprohibited ain aIslam ato avoid athe a
rtificial barriers between the privileged and underprivileged. aEquality does no
t mean that all are exactly alike since there is ano adenial about anatural adif
ferences. aThe atwo agenders acomplement and complete each other. Allah the Exal
ted says ain the Glorious Qur..n: y
.O mankind! Fear and revere your Lord, Who created you yfrom a single person, cr
eated from it its mate, and from ythem scattered (like seeds) countless men and
women; so yfear yAllah, ythrough yWhom you ydemand your ymutual y(rights), and (
reverence) the wombs (that bore you): for yAllah ever watches over you.. (4:1) a
The Messenger of Allah (.) said: y
uman Rights in Islam and Common Misconceptions H

.O Mankind! Your Lord is One. Your father is one. All of y


ou belong to Adam (.). And Adam is created of soil. yTruly, the most honorable p
erson in the Sight of Your yLord, the Almighty Allah, is the most pious among yo
u. yThere yis yno ysuperiority yfor yan yArab yover ya ynon-Arab. yThere yis yno
ysuperiority yfor ya ynon-Arab yover yan yArab. yThere yis yno ysuperiority yfo
r ya yred y(race) yperson yover ya ywhite person. Likewise, there is no superior
ity of a white yover a red (race) person, except for the piety and God yconsciou
sness.y2 y
All humanity, according to Islam, with all its races, has one aoriginal asource,
aso ahow acan asome aexploit aothers aclaiming asuperiority or special privileg
e? Islam does not tolerate false apride in lineage and social status. The Messen
ger of Allah (.) asaid: a
.The Almighty Allah has removed the false pride and yarrogance which was practic
ed in the pre-Islamic period ywherein individuals took false pride in their ance
stors. yAll ymankind ybelongs yto yAdam y(.). yAnd yAdam yis ycreated of soil.y3
a
Pride of race and class are rampant in some societies. For aexample, asome aJews
and aChristians ahave aconsidered athemselves of a higher status, breed, race o
r class of people. aAllah the Exalted and Almighty has exposed the truth of this
a
rrogance, as He states in the Glorious Qur..n: y
.The Jews and the Christians say: "We are sons of Allah, yand His beloved." Say:
"Why then does He punish you yfor your sins? Nay, you are but men, of the men H
e has y
2 Reported by Ahmad no. 411. a3 Reported by Abu Da‘ood no. 5116. a
uman Rights in Islam and Common Misconceptions H

created: He forgives whom He pleases, and He punishes ywhom He pleases: and to A


llah belongs the dominion of ythe heavens and the earth, and all that is between
: and yunto Him is the return (of all).. (5:18) a
The laws of Islam eradicate any misguided basis of racism. aFor instance, one of
the companions of Allah.s Messenger (.) aAbu Dtharr (.) once said to a black sl
ave, .O the son of the ablack lady!’ Upon hearing this, the Messenger aof Allah
(.) aturned to Abu Dtharr (.), and said to him: y
.Are you insulting this man with his mother? Truly, you ypossess some of the qua
lities of the era of Ignorance (pre-yIslamic times). That time is finished and o
ver. There is yno virtue or merit for the son of the white woman over ythe son o
f the black woman, except through piety and yrighteousness, or by good deeds and
actions.y4 a
It ais areported athat aAbu aDtharr a(.) aupon ahearing athe acomment of the Pro
phet (.), put his head down on the ground ain humility for the slave to come and
step with his foot on his ahead, as an expiation for his misdeed, although the
Prophet a(.) did not command him to do so. Abu Dtharr (.) wanted to adiscipline
himself by humiliating himself in this way so that he awould never repeat such a
sin in the future. a
All people in Islam are completely alike and equal in terms aof the obligation t
o perform various worships to Allah. The arich and the poor, the leader and the
peasant, the white and athe black, the one of dignified means and the one of low
er ameans, all are alike and equal as humans before Allah: the amost anoble ais
athe amost arighteous and amost asincere and asteadfast in worship and good deed
s. As the Prophet said (.): a
4 Reported by Ahmad 4:145. a
uman Rights in Islam and Common Misconceptions H

.Allah does not look at your bodies and your colors but yat your yacts yand your
yhearts y(i.e. youtward ydeeds yand yinward intentions and sincerity).y5 a
All commands of obligation and prohibition are applicable ato all without any di
stinction because of class, social status or arace. The Almighty Allah states in
the Glorious Qur..n: a
.Whoever yworks yrighteousness ybenefits yhis yown ysoul; ywhoever works evil, i
t is against his own soul: nor is yYour Lord ever unjust (in the least) to His s
laves.. (41:46) a
The differentiation between individuals in the Sight of Allah ais based on their
levels of piety, righteousness, and compliance ato athe aCommands aof aAllah, a
the aMost aBeneficent. aAllah athe aAlmighty states in the Glorious Qur..n: y
.O mankind! We created you from a single (pair) of a ymale and a female, and mad
e you into nations and tribes, ythat you may know each other (not that you may d
espise yeach other). Verily the most honored of you in the Sight yof yAllah yis
y(he ywho is) the most righteous of you. In yaddition, yAllah yhas yfull yKnowle
dge yand yis ywell yacquainted (with all things).. (49:13) a
All individuals are equal before the Islamic code of law and athe appointed Musl
im judge. The penalties, judgments and alegal sentences are applicable to all ra
ces and classes of people awithout any adistinction and awithout any aprivileged
aperson a
cquiring immunity. One outstanding example will be cited ahere. aA.esha a(.) are
ported athat athe aQuraish awere adeeply aconcerned when a noble woman of the Ma
khzum clan stole, and aAllah.s aMessenger a(.) awanted ato apply athe adue apuni
shment in her case by amputating her hand. The Quraish a
5 Reported by Muslim a
uman Rights in Islam and Common Misconceptions H

consulted among themselves and said: .The best person to talk ato the Prophet (.
) about the Makhzumi woman thief is his abeloved companion (and the son of his b
eloved companion) aUsamah ibn Zaid (.).. Therefore they sent Usamah (.) to aspea
k ato athe aProphet a(.) ato aintercede aon abehalf aof athis aMakhzumi awoman.
aUpon alistening ato aUsamah a(.), aAllah.s aMessenger (.) said, a
.O Usamah! Are you coming to intercede concerning a ypunishment set by Allah?y A
llah.s Messenger (.) stood aup, as asoon as ahe a(.) afinished ahis aconversatio
n awith aUsamah and delivered a speech saying: .The people (or ynations) before
you were destroyed due to the fact that ywhen a noble person among them would st
eal, they let yhim go unpunished, but if a poor, weak and insignificant yperson
yamong ythem ystole, ythey ywould yapply ythe ypunishment on him. By Allah! If F
atimah; the daughter yof Muhammad (.) stole, I shall cut off her hand..6 a
None ahas athe aright ato amonopolize abuse aor act afor ahis apersonal Interest
on national resources. All members of the anation have the right to benefit fro
m the national resources, aeach according ato ajust and aequitable arights and a
obligations. aHowever, they will not be equal in terms of work and benefit athey
present for the public good. The Islamic government must aexert aevery aeffort
ato asecure ajob aopportunities afor aits aconstituents and organize the utiliza
tion of national resources. a
Islam declares all people equal in terms of human values yet aevery individual i
s rewarded according to what he presents to ahis asociety and acommunity. aThe a
only adistinction abetween apeople is on the basis of service that they offer. F
or instance, it adoes not look at a hardworking individual and a sluggish on a
6 Reported by Bukahri no. 6406 and Muslim no. 9. a
uman Rights in Islam and Common Misconceptions H

equal afooting ain aterms aof apay and afinancial arewards. aThe aAlmighty Allah
states in the Glorious Qur’an: y
.To all are degrees (or ranks) according to their deeds: for yYour Lord is not u
nmindful of anthing that they do.. a
(6:132) a
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uman Rights in Islam and Common Misconceptions H

Islam and Basic Essential Needs y


y
After athis aintroduction awe awill anow aproceed ato athe abasic ahuman anecess
ities athat aIslam aguarantees ain aits adivine and aunique legal system. a
yPreservation of the Divine Religion y
a
Islam is the complete and perfect Divine Revelation from aAllah Almighty to mank
ind for his prosperity and salvation. aAll athe aprevious aprophets aof aAllah,
alike aNoh, aAbraham, aMoses and Jesus (.) were Muslims sent to their respective
apeoples with the general religion of Islam - worship of Allah awithout partner
aor idolatry - and the specific code aof laws asuitable for their peoples. a
Allah, the Exalted says: y
.And we did not send an Messenger before you but We yrevealed yto yhim y(the ysa
ying) yLA uILAAHA uILLA uANA y[none has the right to be worshipped but I (Allah)
], so yworship Me (alone).. (21:25) a
Muhammad aibn aAbdullah a(.) ais athe afinal aProphet and aMessenger of Allah wi
th the final complete version of Islam a
nd revealed law for mankind before the coming of Day of aResurrection. He has be
en sent to all mankind with the Islamic acode aof aLaws alegislated aby aAllah,
athe amost aWise and aOmniscient. a
a
uman Rights in Islam and Common Misconceptions H

Allah, the Exalted says: a


.Muhammad is not the father of an man among you; ybut yhe yis ythe yMessenger yo
f yAllah yand ythe ylast yof ythe yProphets.. (33:40) a
And Allah the Exalted says: a
.This yday yI yhave perfected your religion for you, and ycompleted my favor upo
n you, and have chosen for you yal-Islam as your religion.. (5:30) a
And He says: a
.Truly, the religion before Allah is al-Islam.. (3:19)
And He says:

.And whoever seeks a religion other than Islam, it will ynever be accepted of hi
m and in the Hereafter he will be yone of the losers.. (3:85) a
The aMessenger aof aAllah a(.) aexplained ahis asimilitude ain a
respect to the previous Prophets of Allah saying: y
.My yexample yand ythe yexample yof ythe yProphets ywho ypreceded yme, yis ylike
ythat yof ya yperson ywho ybuilt ya ybeautiful house. The house was perfect and
magnificent yexcept for a place of a single brick (in one corner). People ywho
saw that house admired it but wondered.why did ynot the owner complete that miss
ing single brick? I am ythat missing brick. I am the final Prophet (for mankind
yon the earth).y7 a
All ahumanity agrees ain athe ageneral aprinciple athat atruth, ajustice and goo
dness must be upheld and defended in the face aof attack by the forces of falseh
ood, tyranny and evil. Muslims atake this obligation very seriously, and strive
to promote the a
7 Reported by Bukahri no.3341 and Tirmithi, no. 2862. a
uman Rights in Islam and Common Misconceptions H

truth, justice and goodness by all legal means available. For athe secular socie
ties, religion is considered purely a private affair. Public life legally must b
e guided by secular principles and institutions and never by religion aor religi
ous law. We amust remember that the development of secularism itself was a
reaction to the extravagances and conflicts of the Christian aChurches and vari
ous Monarchs and Kings in Europe. a
This aintroduces athe asensitive asubject aof aJihad. a(struggle, aexertion), wh
ich is a much maligned and misused word. The afollowing averse aof athe aGloriou
s aQur’an, aread ain aits afuller acontext, gives a general rule about Jihad: y
.Fight in the cause of Allah those who fight you, but do ynot transgress limits;
for Allah loves not transgressors.. a(2:190) a
The asummary about aJihad ais athat afighting ais allowed afor aMuslims afor apr
otection against aggression, aexploitation and asuppression, and yet in this all
transgressions are prohibited. aThe Arabic root for Jihad means to endeavor, an
d it includes anot aonly afighting against aoppressors and atyrants abut also as
truggling generally to promote good and combat evil. Jihad is athe highest princ
iple, since aonly by Jihad is the religion aof aIslam with its ultimate truth, j
ustice and goodness protected, a
nd athe aMuslims athemselves are adefended afrom athose athat awish them harm. I
t is an obligation on all Muslims to believe ain and practice Jihad to some degr
ee: greater obligations exist afor those with greater abilities, but even the po
or and disabled agive their moral support and supplications for victory. a
Jihad was practiced in the previous faiths as well. Since evil appears all aover
the aworld and throughout human history, aJihad was established and defined in
order to stop tyranny and injustice, and remove criminal rulers and regimes. Jih
ad is alegislated to prohibit people from worshiping false deities and a
uman Rights in Islam and Common Misconceptions H

demigods, and to introduce them to the reality of the worship aof Allah alone, w
ho has no son, partners or associates. Jihad is alegislated to remove injustices
and to introduce man to the amercy, ajustice and apeace aof aIslam as a away ao
f alife, afor athe ainterest of man.s benefit on earth, and not for the interest
of aspecific groups of Arabs or other national groups of Muslims, asince aIslam
ais auniversal and ahas ano ageographic aor alimited aborders. As the tradition
states, the Messenger of Allah (.) asaid: y
"Help your ybrother, ywhether yhe yis yan yoppressor yor yis y
oppressed." yA aman aenquired: a"O aMessenger aof aAllah! aI a
help him when he is oppressed, but how can I help him a
when he is an oppressor?’’ He (.) said: "You can keep him y
from committing oppression. That will be your help to y
him."8 a
The amessage and ainvitation aof aIslam ais ainternational and auniversal afor a
ll ahumanity, awith a acomprehensive acode aof abeliefs, morals and ethics for e
very awalk aof life. Islam laid adown athe aprinciples aof ajustice, afairness,
aequality, afreedom, aprosperity, success and truthfulness for man on earth. Jih
ad is alegislated not to force people against their own will to join aIslam, but
rather as a tool and mechanism to help maintain the apeace that allows for the
peaceful spread of the message about athe religion of monotheism, justice and eq
uality to the entire aworld and protect it against attack. After people receive
the amessage, it is up to them to accept Islam or choose otherwise. aThe essenti
al purpose of Jihad is to open the way for peaceful apropagation of the Message
of Islam to people. The Almighty aAllah states in the Glorious Qur..n: y
8 Reported by Bukhari and Muslim a
uman Rights in Islam and Common Misconceptions H

.Let there be no compulsion in religion: Truth stands out yclear yfrom yError: y
whoever yrejects yTaaghoot (idols, evil ytyrants, etc) and believes in Allah, ha
s grasped the most ytrustworthy yhand-hold ythat ynever ybreaks. yAnd, yAllah yh
ears and knows all things.. (2:256) a
The aprinciple acementing aintra-relationships abetween agovernments and people
is based on justice and peace since athere can be no lasting peace without justi
ce. Jihad is not a a
Holy War. as described in the Western media, but it is an ahonorable astruggle.
and aresistance against aoppressors and athose who oppose the peaceful spread of
Allah.s Word and afaith ain aHim and aHis areligion aof aIslam. aWar. amost aof
ten abegins as a drive for personal or national interests, for land, aresources,
and/or aother political aor economic reasons. Islam aprohibits athis awar. and
allows afor aJihad ain athe athree asituations, namely: a
y1) yDefense yof yLife, yProperty yand yNational yBoundaries, ywithout transgre
ssion a
Allah (.) says in the Glorious Qur’an: y
.Fight in the cause of Allah those who fight you, but do ynot transgress limits;
for Allah loves not transgressors.. a(2:190) a
2) Removing oppression and championing the just rights of ythe oppressed people.
y
The aobligation aof acountering aoppression and atyranny ais amentioned in the v
erse of the Glorious Qur’an: y
.And why should you not fight in the cause of Allah and yof ythose ywho, ybeing
yweak, yare yill-treated ypeople y(and yoppressed)? yMen, ywomen, yand ychildren
, ywhose ycry yis: y
uman Rights in Islam and Common Misconceptions H

.Our Lord! Rescue us from this town whose people are yoppressors; and raise for
us from You one who will yprotect, yand yraise yfor yus yfrom yYou yone ywho ywi
ll yhelp!. (4:75) a
The Prophet of Allah (.) said: y
.The best Jihad is a word of truth before a tyrannical yunjust ruler.y9 a
3) Defense of Faith and Religion. y
Allah, the Exalted, says in the Glorious Qur’an: y
.And yfight ythem yon yuntil ythere yis yno ymore ytumult yor yoppression, and t
here prevails justice and faith in Allah yaltogether and everywhere; but if they
cease, verily Allah ydoes see all that they do.. (8:39) a
A aMujahid. (Muslim fighter for the cause of Allah) must apurify ahis aintention
ato aplease aAllah alone. aHe ahas a aclear aunderstanding that Jihad is only f
or just reasons: to protect aIslam and the Muslims, and to spread the message of
Islam a
nd Word of Allah. If the enemies of Islam who are fighting athe Muslims cease th
eir attack, and accept terms for a just apeace, the Muslim fighters are commande
d to cease hostilities. a
Allah (.) also says: a
.But if they incline to peace, you also incline to it, and y(put your) trust in
Allah. Verily, He is the All-Hearer, the yAll-Knower.. (8:61) a
And He says Most Exalted: a
9 aReported aby aTirmidthi, aAhmad and aothers, and averified as authentic. a
uman Rights in Islam and Common Misconceptions H

.Therefore if they withdraw from you and cease fighting, yand send you (guarante
es of) peace, then Allah has left yno way for you (to war against them).. (4:90)
a
Islam has permitted fighting aonly for the above specified areasons and has laid
down strict rules of conduct in awarfare.. aAll other reasons for awar. are tot
ally prohibited in Islam, for ainstance, for land expansion, colonial interests
and revenge, aetc. Islam does not allow fighters to kill haphazardly, but only a
permits ato akill amilitary apersonal and adirectly asupporting aforces. Islam d
oes not permit, accept or condone to kill elderly apeople, achildren, awomen, at
hose aunder amedical atreatment, amedical staff, and monks who have secluded the
mselves for aworship of Allah (.). Islam forbids mutilating the bodies and aorga
ns aof athe adeceased aenemy afighters. aIslam also aforbids akilling cattle or
any type of animals of the enemies, destroying athe houses of the people and pol
luting potable waters, rivers, alakes, asprings and awells aof awater aof athe a
fighting aenemies. aThese concepts are based on the many verses of the Glorious
aQur..n, including this verse: y
.But seek, with the (wealth) which Allah has bestowed yon you, ythe yHome yof yt
he yHereafter, ynor yforget your yportion in this world: but do good as Allah ha
s been ygood to you, and seek not (occasions for) mischief in the yland: for All
ah loves not those who do mischief.. (28:77) a
It is also based on many sayings of Messenger of Allah (.), afor instance his st
atement: y
.Fight for the Cause of Allah and in His Name, against ythe disbelievers in Alla
h. Fight them, but do not breach y
uman Rights in Islam and Common Misconceptions H

our contracts or truces, do not mutilate, and do not kill a ynewly born baby..10
a
And he (.) said: a
..do not kill a woman, or slave.y11 a
This ais also ain acompliance ato athe adirections and athe arecommendation aof
athe afirst aCaliph, aAbu aBakr a(.) ato ahis amilitary leaders upon commissioni
ng them for Jihad. He (.) asaid, a.Listen yand yobey ythe yfollowing yten ycomma
nds yand yinstructions: Do not betray an one (if you give a pledge). Do ynot ste
al from the war booties. Do not breach your pledge of yallegiance. Do not mutila
te the body of the killed enemy yfighters or deceased. Do not kill a child or a
minor. Do not ykill an elderly man or woman. Do not kill a woman. Do not yuproot
a date palm tree (or an other trees) and do not burn yit either. Do not cut or
destroy a fruit tree. Do not slaughter a yfemale sheep, a cow or a camel except
for your (required) yfood. yYou ysurely ywill ypass yby ysome ypeople ywho yisol
ate ythemselves yand yare ysecluded yfor yworship yof yAllah y(.) aas ymonks and
else, thus leave them alone and do not disturb ythem. You will, surely, stop at
some people on the road, who ywill bring forth for you all types of food dishes
. Whenever you eat their food, recite the name of Allah (.) each time y
ou eat. You will, surely, pass by a group of people who yshaved the hair in the
center of their heads, and left the ysurrounding hair long braids: it is allowed
to fight and kill ythese people as they are the warriors of the enemies who yca
rry their swords against you. Go ahead, with the name of yAllah (.)." y
10 Reported by Muslim, no. 1731. a11 Reported by Abu Da‘ood and Ibn Majah and ve
rified as sound. a
uman Rights in Islam and Common Misconceptions H

The prisoners of war are not to be tortured, humiliated, or amutilated. aThey ar


e anot ato abe aimprisoned ain atight aclaustrophobic prison cells without adequ
ate food and drink auntil death. The Glorious Qur..n states: y
.And they feed, for the love of Allah, the indigent, the yorphan, and the captiv
e, (saying), .We feed you for the ysake of Allah alone: no reward do we desire f
rom you, or ythanks.. (76:8) a
The Islamic government has the right either to set free such aPOW awith ano aran
som at all, aor afor an agreed aransom, aor aexchange them for Muslim POWs. This
is based on the verse of athe Glorious Qur..n: y
.Therefore, when you meet the disbelievers (in battle) ysmite their necks; at le
ngth, when you have thoroughly ysubdued them, bind a firm bond (on them): therea
fter (is ythe time for) either generosity or ransom: until the war ylays down it
s burdens. Thus (are you commanded): but if yit had been Allah’s Will, He could
certainly have exacted yretribution from them (Himself); but (He lets you fight)
yin order to test you, some with others. But those who are yslain in the way of
Allah, He will never let their deeds be ylost.. (47:4) a
The aconquered apeople awho acomprise athe anon-Muslim aresidents of an Islamic
state and their families, possessions and aestates are aentitled aprotection aby
aIslamic alaw afrom any aviolation. No one has a right to seize the possession
or the awealth aof athe anon-Muslim aresidents, aor ahumiliate athem aor aencroc
h upon their honor. No one has the right to unjustly a
ttack athem. aThe abelief and areligious apractices aof athe anon-aMuslim reside
nts in an Islamic state are respected to the legal alimit. For instance Allah sa
ys in the Glorious Qur’an: y
uman Rights in Islam and Common Misconceptions H

.(They are) those who, if We establish them in the land, yestablish regular pray
er and give regular charity, enjoin ythe right and forbid wrong: with Allah rest
s the end (and ydecision) of (all) affairs.. (22:41) a
The non-Muslim residents of an Islamic state are required to apay a minimal tax
called aJizyah. which is specific type of ahead-tax collected from individuals w
ho do not accept Islam and desire to keep their religion while living in an Isla
mic state and under Islamic rule. For instance in the early Islamic States awhil
e wealthy Muslims were paying 40% of their accumulated awealth, non-Muslim resid
ents paid Jizyah in three categories: athe rich and wealthy class, an equivalent
to the sum of (48) aforty-eight Dirhams12 a year; the middle or average class,
such as merchants, traders and farmer, an equivalent to the sum of a(24) twenty-
four Dirhams a year; and the working class, such as bakers, carpenters, plumbers
and the like, an equivalent to athe sum of (12) twelve Dirhams a year. The Jizy
ah is collected ain return for the protection of the non-Muslim residents of an
aIslamic aState and atheir awealth. aThe aMuslim aleader and acommander, General
Khalid bin al-Waleed (.) once took the apledge of allegiance of the non-Muslim
residents of the Islamic astate at the time and said, .I offer you my pledge of
allegiance yto fully protect you against the head-tax collected from you. yIf we
provide the necessary protection, we are entitled for ythe yhead-tax. yOtherwis
e, you yare ynot yrequired yto ypay yit.. aThen, awhen athe aMuslims aforces aha
d ato avacate athe area afor a
12 A Dirham is an Islamic coin equivalent in value to 2.28 grams of asilver. The
name aDirham. is still used in some Islamic and Arab acountries but the modern
currency does not have the same value as athe older currency. a
uman Rights in Islam and Common Misconceptions H

battle elsewhere they returned the Jizyah they had taken since athey were not ab
le to provide the security stipulated.13 a
Jizyah is not applicable to every non-Muslim resident of an aIslamic state; rath
er, it is to be taken from those who earn. Many acategories aof apeople are aexe
mpt afrom apaying athis aJizyah aincluding the poor, minors, women, monks, blind
people, and adisabled individuals. Islam made it obligatory on the Islamic agov
ernment to provide the full protection to these categories of apeople and offer
them suitable living allowances. In fact, the apledge of allegiance given by Gen
eral Khalid bin al-Waleed (.) ato the non-Muslim residents of the town called .H
eerah. in Iraq, aunder the Islamic rule, stated the following: a
.An elderly person, disabled worker, terminally ill person yor ya yrich yperson
ywho ywent ybankrupt, yand ybased yon ythat ydeserve charity from the fellow rel
igious people, all of these ycategories yof ypeople yare ynot yrequired yto ypay
yhead-tax. yFurthermore, all these categories will become entitled for ysuitabl
e allowances from the Islamic Treasury for himself yand his dependent family mem
bers..14 a
Another example is when the second Caliph, Omar bin al-aKhattab (.), once passed
by an elder Jewish man who was abegging. Omar (.) asked about him and was infor
med that he awas a anon-Muslim aresident aof athe aIslamic astate. aOmar a(.) ai
mmediately asaid, a.We ahave anot abeen afair ato ayou! aWe.ve acollected ahead-
tax afrom ayou awhile ayou awere ayoung and acapable and neglected you in your o
ld age!. Omar (.) took the aold Jew to his own home and offered him whatever he
found a
13 aThis ais a afamous aincident ain aIslamic ahistory: asee afor ainstance aBal
adthuri, Futuh al-Buldan, in the conquest of Sham (Greater Syria) a14 Abu Yousuf
, al-Kharaj, p.144. a
uman Rights in Islam and Common Misconceptions H

of foodstuff and clothes. Later, Omar (.) instructed those in acharge of the tre
asury, saying: a
.Follow up, monitor and observe the situations of similar"
people. Offer them assistance that suffices them and their"
family members from the Islamic Treasury.’
Allah (.) states in the Glorious Qur’an: "

.Alms are for the poor and the needy.. (9:60) a[i.e. the beginning of the famous
verse on Zakah (obligatory acharity)] In one interpretation of this verse, the
poor are the aMuslims and the needy are the non-Muslim residents of an aIslamic
state..15 a
.....

The Preservation of Self y


y
15 Ibid, p.126.
uman Rights in Islam and Common Misconceptions H

Physical Security and Protection: y


Human life is sacred and a gift from Allah, the Creator. For athe protection of
human life Islam has legislated capital and acorporal punishments and retributio
n unto those transgressing acriminals awho amurder and aphysically aharm aothers
. aKilling afalls into three types: intentional and/or premeditated murder, aman
slaughter, and total mistake. Islam commands to execute athose awho aperpetrate
a apre-determined and apremeditated amurder of an innocent person, seeking to pl
ace as strong a adeterrent as possible to eradicate the temptation of intentiona
l amurder. Unintentional manslaughter and mistaken killings are aseparate catego
ries with separate lesser sentences and blood amoney is paid to the close relati
ves of the person killed. The afamily or the heirs of the killed victim are give
n a Diyyah - ablood money - in substitution of the soul of the victim unless ath
ey choose to forgive the killer. Atonement is to be paid to aAllah by the killer
through freeing a Muslim slave, and if this ais not possible, by fasting for tw
o consecutive months. All such apenalties are imposed in order to preserve Musli
m life. No one ahas athe aright ato atamper awith apeople.s alives, apossessions
aor aestate afor ano alegitimate areason. aAll aoppressing aor abusing aindivid
uals must be warned against unjust killing, victimizing aor harassing other inno
cent members of the Islamic society, a
nd athese astrict apunishments ashould abe amade aclear. aIf athe aretaliation i
s not similar to the crime itself, criminals become aemboldened ain atheir acrim
inal activates. aAll aother acorporeal apunishments have the same rationale, whe
rein the punishment acorresponds ato athe acrime awith aspecific ameasurements a
of aretribution apredetermined ato astop all arguments and aconfusion. All capit
al and corporal punishments are oriented afor athe apreservation aof athe ahuman
alife and aproperty ain an aIslamic asociety. aAllah, athe aExalted, astates ai
n athe aGlorious aQur’an: y
uman Rights in Islam and Common Misconceptions H

.And there is (a saving of) life for you in al-Qisas (the ylaw of equality in pu
nishment), O men of understanding, ythat you may become pious.. (2:179) a
y
The penalty aof the Hereafter for the intentional murderer awho does not repent
will be the Wrath of Allah. Allah, the aExalted, states in the Glorious Qur’an:
y
.If a man kills a believer intentionally, his recompense is yHell, to abide ther
ein (forever): and the wrath and the ycurse of Allah are upon him, and a dreadfu
l penalty is yprepared for him.. (4:9) a
Islam ahas aimposed acertain aspecific aduties aon aeveryone ain arespect to pro
tection of human life. The following are some of athese duties: a
* Man does not own his soul or his own body: rather it is a asacred entity entru
sted to him on a temporary basis. It is not a
llowed for anyone to intentionally torture or harm himself, or aintend any type
of suicidal crime or reckless act leading to his adestruction. Life is only to b
e given in sacrifice for the cause of aAllah. Allah, the Exalted, states in the
Glorious Qur’an: y
.O you who believe! Eat not up your property among y
ourselves unjustly: but let there be among you trade by ymutual ygood-will: ynor
ykill y(or ydestroy) yourselves: yfor yverily Allah has been to you Most Mercif
ul! . (4:29) a
* yMan must maintain proper nutritional care to satisfy the aminimum requirement
s essential for decent health. He is not a
llowed ato adeprive ahimself aof apermissible afood, adrink, aclothing, marriage
and proper care under any pretexts, if that acauses him harm. Allah, the Exalte
d, states in the Glorious aQur’an: a
uman Rights in Islam and Common Misconceptions H

.Say: Who has forbidden the beautiful (gifts) of Allah, ywhich He has produced f
or His servants, and the things, yclean and pure, (which He has provided) for su
stenance? ySay, they are, in the life of this world, for those who ybelieve, (an
d) purely for them on the Day of Requital. yThus do We explain the Signs in deta
il for those who yunderstand.. (7:32) a
Allah, the Exalted, admonished the Prophet (.) for banning aupon himself to eat
honey in order to please one of his wives, and this became an eternal lesson for
all Muslims. Allah states ain the Glorious Qur’an: y
.O yProphet! yWhy ydo you ymake yforbidden ythat ywhich yAllah has made lawful t
o you? You seek to please your ywives but Allah is Oft-Forgiving, Most Merciful.
. (66:1) a
Moderation ais abetween astinginess and aextravagance. aMan amay enjoy the lawfu
l bounties aoffered by Allah to man aon aearth in moderation within the limits o
f the Islamic laws and awithout awastage. aAllah, athe aExalted, astates ain ath
e aGlorious aQur’an: a
.O Children of Adam! Wear your beautiful apparel at yevery time and place of pra
yer: eat and drink: but waste ynot by excess, for Allah loves not the wasters..
(7:31) a
It is forbidden for someone to neglect their physical needs and hurt himself or
herself through negligence or self-torture. aAllah, the Exalted, states in the G
lorious Qur’an: a
.On no soul does Allah place a burden greater than it can ybear. It gets every g
ood that it earns, and it suffers every yill that it earns.. (2:286) a
It is reported that Anas bin Malik (.) said that, .Three men acame to the Prophe
t.s (.) wives. houses to inquire about the a
uman Rights in Islam and Common Misconceptions H

worship of the Prophet (.). When they were informed, they aconsidered their wors
hip insignificant and said: "Where are we ain comparison with the Prophet (.) wh
ile Allah has forgiven ahis past sins and future sins". One of them said: "As fo
r me, I ashall offer Salat all night long.’’ Another said: "I shall observe aSau
m (fasting) continuously and shall not break it". The third aone said: "I shall
abstain from women and shall never marry". aThe Prophet (.) came to them and sai
d, a
"Are you the people who said such and such things? By yAllah, yI yfear yAllah ym
ore ythan you ydo, yand yI yam ymost yobedient and dutiful among you to Him, but
still I observe yfast and break it; perform Salah and sleep at night and take y
wives. So whoever turns away from my Sunnah does not ybelong to me." 16 y
y
Peace and security: a
The right of security and protection to a person and all his afamily is the most
basic of all rights. All citizens in the Muslim asociety legally must not be fr
ightened or threatened by words, a
cts or weapons of any type. The tradition of Messenger of aAllah (.) states: y
.It yis ynot yallowed yfor ya yMuslim yto yfrighten yanother yMuslim.y 17 a
Security aof the person enables individuals aof a society to ahave freedom of mo
bility and movement in order to work and aearn an honest living. Corporal and ca
pital punishment have a
16 Reported by Bukahri and Muslim as mentioned in al-Lulu wal-aMarjan no.884. a1
7 Reported by Abu Da‘odd no.5004, Imam Ahmad and others, and averified as correc
t. a
uman Rights in Islam and Common Misconceptions H

been alaid adown and asentenced ain aorder ato aimpose astrict apenalties aon at
hose awho attempt ato acause adisruption ato athe apeace, asecurity and astabili
ty aof a aMuslim asociety. aAllah.s aMessenger (.) stated in his farewell speech
, y
.Truly, your blood, your protected items in life, and your ywealth are unlawful
to one another. They are unlawful to ytamper ywith ylike yit yis yunlawful yto y
tamper ywith ythis y(honorable and sacred) Day (the Day of .Arafah during yHajj)
, yin ythis ySacred yMonth y(the ymonth yof ypilgrimage y
.Dthul-Hijjahu), yand yin ythis ySacred yTown y(the ycity yof yMakkah).. 18 a
y
Sustenance and wholesome food and drink for all: y
Wholesome sustenance is to be secured for all people in an aIslamic asociety aby
availing adecent and asuitable awork aopportunities for the work force in the s
ociety. Availability of asuitable opportunities of trades and work is crucial fo
r people ain order to satisfy their basic needs. Those who cannot work adue ato
aold age, adisabilities, achronic adisease, aor athe alack aof abread-earner in
the family, become entitled for public aid from athe Islamic government. Zakah,
(obligatory alms and charity) agiven by the wealthier people of the society, is
to be made a
vailable ato athe aneedy athat acannot aearn a adecent aincome abecause of legit
imate reasons. Zakah is an obligatory charity athat is taken from the rich and g
iven to the specific categories aof the poor and needy members of the society. T
his is based on athe aHadith aof aAllah.s aMessenger a(.) ain an advice ato ahis
acompanion Muadth bin Jabal (.) while sending him on the amission to call to Is
lam in Yemen saying, a
18 Reported by Bukahri, no. 6043. a
uman Rights in Islam and Common Misconceptions H

..Tell the people of Yemen.that the Almighty Allah yhas yprescribed ya ycertain
ypercentage yof ytheir ywealth yas yZakah y(obligatory ycharity) yto ybe ytaken
yfrom ythe yrich ymembers among them and given to the poor and needy yones.y19 a
Other voluntary donations, gifts, financial commitments and athe alike are agive
n ain a agood acause ato aplease athe aAlmighty aAllah, and extended willingly t
o the poor and needy members aof the society. This is also based on many scriptu
res including athe Hadith of Allah.s Messenger (.), a
.One is not a believer who satisfies himself while his yneighbor is hungry.y20 a
These poor and needy people are also entitled to a fair right and share of the I
slamic Treasury. This is also based on the aHadith of Allah.s Messenger (.), y
.Whosoever leaves behind a legacy (wealth and estates) ywill become entitled to
his heirs. As for the person who yleaves behind poor and needy members of his fa
mily, yAllah y(.), yand yHis yMessenger y(.) ywill ytake ycare yof ythem.y21 a
y
Proper and adequate health facilities: y
Islam prohibits all such reasons that may cause detrimental aeffect to public he
alth. Islam bans all types of harmful drugs and aintoxicants. aIslam abans aeati
ng ablood, acarrion, aunclean a
19 Reported by Muslim no. 29. a20 Reported by Bukhari in Adab al-Mufrid no. 112
and others and averified as sound. a21 Reported by Bukahri no. 2268 & 2269. a
uman Rights in Islam and Common Misconceptions H

nimals, aunwholesome ameats alike apig, and all atheir abyproducts, aetc. aIslam
abans all aimmoral acts asuch as afornication, adultery, and ahomosexual activi
ties. aIslam aimposes a quarantine in time of plague for both incoming and aoutg
oing atraffic aof apeople ain aorder ato amake asure athat ano aepidemic aor aha
rmful adiseases are aspread ain athe awider acommunity. Allah.s Messenger (.) sa
id, y
.If you hear about an epidemic in a country, do not enter yit, and if you are in
a place that has an epidemic disease, ydo not leave it.y 22 a
And he (.) said, y
.A sick person must not be brought to visit a recovering yperson.y 23 a
y
y
.....

The Preservation of Mind y


Intelligence is the basis for all meaningful and responsible a
ctions and accountability. aIslam aprohibits aintoxicants athat aimpair the acti
vity of the mind and degrade man. The word afor awine and aintoxicants ain aArab
ic ais aKhamr., athat awhich a
covers. the brain. Alcohol and other drugs are one of the amajor causes of heino
us crime with disastrous results in the asociety. The penalty in Islamic law for
public intoxication is aflogging ato aeradicate athe avice, and as a awarning a
to aothers. aAlmighty Allah states in the Glorious Qur’an: y
22 Reported by Ahmad no. 15435 a23 Reported by Bukahri no. 5437 and Muslim no. 1
04. a
uman Rights in Islam and Common Misconceptions H

.O you ywho ybelieve! yIntoxicants yand ygambling, y(dedication of) stones, and
(divination by) arrows, are an yabomination yof ySatan’s yhandiwork: yeschew ysu
ch y(abomination), that you may prosper. Satan’s plan is (but) yto yexcite yenmi
ty yand yhatred ybetween you, ywith yintoxicants yand ygambling, yand yhinder yo
u yfrom ythe yremembrance of Allah and from prayer: will you not then yabstain?.
(5:90-91) a
Islam aforbids athe amanufacture and asale aof any alcohol abeverages and aintox
icants. aIt aeven adiscourages ato apromote asuch alcoholic beverages in the soc
iety, even if the promoter or asalesperson himself does not drink it or use it.
This prohibition ais based on the Hadith of Allah.s Messenger (.), y
"The curse of Allah falls on ten groups of people who ydeal with Khamr (all into
xicants). The one who squeezes yit (or distills it), the one for whom it is sque
ezed, the one ywho sells it, the one who buys it, the one who transports yit, th
e one to whom it is transported, the one who utilizes ythe money from it, the on
e who drinks it, and the one ywho serves it.y 24 a
y
Basic education for all: y
Allah the Exalted, says in the Glorious Qur’an: y
.Say: Are those equal who know and those who do not yknow? It is those who are e
ndued with understanding ythat receive admonition.. (39:9) a
And He (.) says: y
24 Reported by Abu Da‘ood, At-Tirmithi, an-Nisa‘e, Ibn Majah no. a3423 and al-Ha
kim, and verified by Albani and al-Arna‘oot. a
uman Rights in Islam and Common Misconceptions H

.And when you are told to rise up, (then) rise: Allah will yraise up, to (suitab
le) ranks (and degrees), those of you ywho ybelieve yand ywho yhave ybeen ygrant
ed yKnowledge. yAnd Allah is well acquainted with all you do.. (58:11) a
Education in the Islamic society is a right for all individuals a
nd a arequired amoral aduty aof aevery acapable aperson. aAll acapable, aintelli
gent and askilled aindividuals ain athe aIslamic asociety are required to educat
e themselves in the basics of their areligion and in necessary worldly affairs.
The government is arequired to provide to the best of their ability all means th
at ahelp promote adequate education. The Messenger of Allah (.), asaid: y
.Seeking yknowledge yis yobligatory yon yevery yMuslim y(male and female).y 25 a
He also stated (.): a
.He ywho ytravels yto yseek yan y(beneficial) yknowledge yis yconsidered as a pe
rson who is struggling in Jihad for the ycause of Allah . until he returns (home
).y26 a
Another atradition aof athis ameaning ais athe asaying aof aAllah.s aMessenger (
.): a
.Whosoever takes a path seeking knowledge (or better ybeneficial education) Alla
h (.) will pave a path for such yindividual to Jannah (Heavenly Gardens).y 27 a
It is unlawful for a scholar to withhold useful knowledge as athe Messenger of A
llah (.) said: y
.Whosoever withholds the dissemination of (a beneficial) y
25 Reported by Ibn Majah no . 337. a26 Reported by Tirmithee, no. 2785. a27 Repo
rted by Abu Da‘ood 3:317 and Tirmithi, no. 2785. a
uman Rights in Islam and Common Misconceptions H

knowledge will have a harness of fire placed on him on ythe Day of Judgment.. 28
a
y
y
y
y
y
y
y
y
.....

28 Reported by Darimee, no. 3658.


uman Rights in Islam and Common Misconceptions H

The Preservation of Honor, Family and Lineage y


The family unit is the basis of a healthy society and this can aonly be maintain
ed by upholding the sanctity of marriage. For athe preservation of moral purity
among all men, women and achildren ain athe asociety aIslam astrictly aprohibits
adultery, afornication and homosexuality. Islam concurs with previous adivine r
eligions in this prohibition but goes further by banning amany acts that may lea
d to committing this sin, like immodest adress and free mixing of the sexes in p
ublic or private quarters. aThese amanners and aprecautions acut athe avenues at
owards atemptations. Allah the Almighty says in the Glorious Qur’an: y
.Nor come near to unlawful sex. Verily it is a great sin, yand an evil way.. (17
:32) aAnd He, the Exalted says: y
.Say: "Come, I will rehearse what Allah has prohibited y
ou from": join not anthing as equal with Him; be good yto your parents; kill not
your children on a plea of want - yWe provide sustenance for you and for them -
come not ynear to shameful deeds, whether open or secret; take not ylife, ywhic
h yAllah yhas ymade ysacred, yexcept yby yway yof yjustice and law: thus does He
command you, that you ymay learn wisdom.. (6:151) a
Abdullah ibn Mas’ood (.) relates that he said: O Messenger aof Allah, which sin
is gravest to Allah? He said: aThat you ymake others to be equal to Allah even t
hough (He alone) has ycreated you.y I then asked: And then what? He said: .To ki
ll y
our child fearing that he will eat along with you.y I then asaid: And then what?
He said: .To fornicate or have adultery ywith your neighbor.s wife.y Then the M
essenger of Allah (.) a
uman Rights in Islam and Common Misconceptions H

recited the following verses of the Qur..n (reaffirming what he ajust said): a
.And those who invoke not with Allah an other god, ynor slay such life which All
ah has made sacred, except yfor just cause, nor commit fornication - and whoever
does ythis shall meet (the due reward of his) sin. The torment ywill be doubled
to him on the Day of Resurrection, and yhe ywill yabide ytherein yin ydisgrace.
yUnless yhe yrepents, ybelieves, and works righteous deeds, for those Allah wil
l ychange ytheir ysins yinto ygood ydeeds, yand yAllah yis yOft-yforgiving Most
Merciful.. (25:68-70) 29 a
The punishment of flogging is legislated for a not previously amarried male or f
emale who commit fornication. Allah, the aExalted, states in the Glorious Qur’an
: a
.The ywoman yand ythe yman yguilty yof yadultery yor yfornication, flog each of
them with a hundred stripes: let ynot ycompassion ymove you yin ytheir ycase, yi
n ya ymatter yprescribed by Allah, if you believe in Allah and the Last yDay: ya
nd ylet ya yparty yof ythe yBelievers ywitness ytheir ypunishment.. (24:2) a
As for the married male or female who commits adultery awhile abeing amarried ao
r after adivorcing aone.s aspouse, athe apenalty afor asuch a acriminal aperson
ais alike ain athe aTorah ascriptures: stoning to death. To apply this punishmen
t, the ajudge must either have the full confession, or the testimony of afour at
rustworthy aeyewitnesses awho atestify athat athey aclearly asaw penetration. a
29 Reported by Bukhari and Muslim a
a
a
uman Rights in Islam and Common Misconceptions H

Confession means that the crime is confessed openly by the a


dulterer/fornicator abefore athe aMuslim aJudge aor aruler. aThe aconfession mus
t be repeated four times to remove any doubt. aIn the case of testimony, four tr
ustworthy, honest and sound apeople amust areport ato athe aMuslim ajudge aor ar
uler aseeing apenetration of the fornicators or adulterers, a scenario that is a
very rare under normal circumstances. a
The aearly ahistory aof aIslam arecorded a afew ainstances aof aconfession of th
e crime of adultery wherein the individuals aopenly aconfessed atheir acrime abe
cause atheir astrong afaith ain aAllah (.) propelled them to the desire for sinc
ere repentance a
nd purification. As the traditions make clear, Allah will not apunish someone tw
ice for the same crime, and they wanted to abe protected from having the punishm
ent in the Hereafter. It ashould be noted that if penetration and intercourse do
es not afully take place - if a person, for instance only kisses, hugs or atouch
es . then there is no application of the punishment. a
The penalty of false accusation for those who do not produce aevidence ato asupp
ort atheir aclaims and accusations ais aeighty alashes, and a afurther apunishme
nt ais athat atheir atestimony ais athereafter rejected. As Allah says in the Gl
orious Qur’an y
.And those who launch a charge against chaste women, yand yproduce ynot yfour yw
itnesses, y(to ysupport ytheir yallegations), yflog ythem ywith yeighty ystripes
; yand yreject ytheir evidence ever after: for such men are wicked.. a
(24:4) a
Mockery and derogatory words and deeds that violate the ahonor, adignity and are
spect aof aothers ain athe acommunity are aprohibited, as Allah says in the Glor
ious Qur’an: a
a
uman Rights in Islam and Common Misconceptions H

.O you who believe! Let not some men among you laugh yat others: it may be that
the (latter) are better than the y(former): nor let some women laugh at others:
it may be ythat the (latter) are better than the (former): nor defame ynor ybe y
sarcastic yto yeach yother, ynor ycall yeach yother yby y(offensive) nicknames:
ill-seeming is a name connoting ywickedness, (to be used of one) after he has be
lieved: and ythose who do not desist are (indeed) doing wrong. O you ywho believ
e! Avoid suspicion as much (as possible): for ysuspicion in some cases is a sin:
and spy not on each yother, ynor yspeak yill yof yeach yother ybehind ytheir yb
acks. yWould yan yof you ylike yto yeat ythe yflesh yof yhis ydead ybrother? Nay
, you would abhor it. However, fear Allah: yfor Allah is Oft-Returning, Most-Mer
ciful.. (49:11-12) a
Another verse of the Glorious Qur’an sates: a
.But if an one earns a fault or a sin and throws it on yto one that is innocent,
he carries (on himself) (both) ya falsehood and a flagrant sin.. (4:112) a
Islam asafeguards athe asanctity aof areproduction afor athe amaintenance of the
human race on earth. The human race is aentrusted with the guardianship of the
entire earth and the arepresentation of divine wisdom to serve as the vicegerent
of athe aAlmighty aAllah aon aearth. aDestroying athe ameans afor areproduction
by any means or tampering with it in any way afor no legitimate reason is an un
lawful practice according to aIslam. The Almighty Allah states in the Glorious Q
ur’an: y
.When yhe yturns yaway yhis yaim yis yto yspread ymischief yeverywhere ythrough
ythe yearth yand ydestroy ycrops yand ycattle. But Allah loves not mischief.. (2
:205) a
y
uman Rights in Islam and Common Misconceptions H

Islam considers deliberate abortion a premeditated murder athat entitles punishm


ent for all who participate. Unintentional abortion amay arequire ablood-money a
substitution afor athe a
borted afetus and afasting afor atwo aconsecutive amonths ain arepentance to All
ah, if caused by accident or manslaughter. a
Many ahadiths are areported ain athis aregard aconcerning athe aurge to have a n
ormal reproduction of the human race, the amaintenance aof the human race and to
increase the rate aof areproduction, if possible. Allah.s Messenger (.) said, a
.Marry the loving, kind and fertile female, for verily I ywill show off with my
nation on the Day of Requital y(due to the large number of my followers).y 30 a
Islam places special value on strong family bonds and good arelations among rela
tives. Since the family is the basis and the afoundation of the society, many ru
les help protect this family against break up and disintegration. Relatives have
obligations a
nd rights. One must recognize the rights of kith and kin and aconsequently pay d
ue rights to each relative in an appropriate afashion. a
Mixing between the male and female members of the family a-who are permitted to
marry one another lawfully- may lead ato amany afamily asocial aproblems. aTo av
oid any aunwanted asituation, Islam commands segregation between the male and af
emale members of the family who are allowed to marry each aother. aA awoman ais
allowed ato appear awithout aher aouter agarments aonly before her father, broth
ers, father.s brothers, amother.s brothers, grandfathers, father-in-law and sons
. a
In the pre-Islamic Jahiliyyah (Ignorance) the family system awas acorrupted athr
ough adecadence. aIslam ainitiated adecisive a
30 Reported by AbuDa‘ood, no. 2050. a
uman Rights in Islam and Common Misconceptions H

reformations and annihilated all existent malpractice. Some of athe ainstitution


s abanned aby aIslam awill abe amentioned as aexamples. a
Islam prohibits the kind of legal adoption whereby a child, awho is not a blood
child of a male, will take the family name of athe adopting father or parents an
d will be entitled to all rights and duties of a blood child. Of course taking c
are of orphans a
nd neglected children is strongly encouraged, and this form aof charity has spec
ial merit. The verse in the Glorious Qur’an asays: y
.Allah has not made for an man two hearts in his (one) ybody: nor has He made yo
ur wives whom you divorce by yDhihar31 your mothers: nor has He made your adopte
d ysons your sons. Such is (only) your (manner of) speech yby your mouths. But A
llah tells (you) the Truth, and He yshows the (right) Way. Call them by (the nam
es of) their yfathers: that is more just in the Sight of Allah. However, yif you
know not their fathers. (names, call them) your yBrothers in Faith, or your Mau
las32. However, there is no yblame yon you yif you ymake ya ymistake ytherein: y
(what ycounts is) the intention of your hearts: and Allah is Oft-yForgiving, Mos
t Merciful.. (33:4-5) a
31 Dhihar is the practice of saying to one.s wife, .You are declared aunlawful t
o me like the back of my mother is.. This is an unlawful apractice ain aIslam, a
which ais abanned afrom apre-Islamic a(Jahiliyyah) asociety. a32 This is a known
title in the pre-Islamic (Jahiliyyah) society given to athe person, or a group
of people who surrender themselves as loyal afollowers to a tribe or a clan, alt
hough they do not belong to them, afor athe asake aof aprotection and aseeking a
their asupport. aThose aindividuls do not hve the sme clss, ctegory aor rights a
s the aoriginal tribe or clan members. a
uman Rights in Islam and Common Misconceptions H

Islam bans relating a child to a man as a son without the aman.s admission ato a
be athe afather abecause asuch a aclaim ajeopardizes amarital arelationship as a
well as afamily alife. aA awoman is to be protected from false accusations that
blemish aher honor and dignity with illegitimate sexual activities with a aman o
ther than her own lawful husband. Moreover, such a afalse aclaim aof a aman amay
acreate adoubts and ain aturn arift abetween the rest of the children of the fa
mily, not knowing alegitimate afrom aillegitimate. aAny achild aborn awho ais a
alegitimate product of a marriage contract is attributed to the afather with no
need of any further proof or denial. A husband aof a awoman aneeds anot ato anno
unce athat achild ais ahis. aThis apractice is based on the statement of Allah.s
Messenger (.), a
.The child (born as a result of a lawful marriage) belongs yto the (bed of) his
father.y 33 a
The only exception to this rule is when it is proved, beyond a adoubt, that the
wife has betrayed her husband and is pregnant aor conceived from aother than her
husband. In such a case, aspecific arules aof adisowning athe achild awill appl
y. aAfter adisowning, ahe awill abecome a atotal astranger ato athem. aThis amea
ns that if the child who is disowned is a female, she must anot appear before su
ch a man at her leisure, travel with him, alive with him or deal freely with him
. a
A Muslim woman, after marriage keeps her maiden name a
ccording ato aIslamic ajurisprudence. aAccording ato aIslamic ateachings and law
, it is aunlawful for a awoman to bear the afamily name of her husband after mar
riage. Looking at this aclosely aone acan acomprehend athe agreat ahonor, adigni
ty and arespect granted to the woman in Islam. This practice preserves athe aequ
ality and aequal aright aof a aMuslim awoman ato athe a
33 Reported by Abu Da‘ood 6:181. a
uman Rights in Islam and Common Misconceptions H

Muslim man in the right aof carrying her aown independent aname, especially in t
he event of divorce. a
. yPreserving yand yhonoring ythe yrights yof ythe yweak yand ydisable ypersons:
yIslam ahonors athe aelderly amembers ain athe aIslamic society and mandates th
eir respect and assistance. The aMessenger of Allah (.) said: a
.He is not considered among us Muslims, who does not yshow ymercy yto your young
sters yand yrespect yto your yelders.y34 a
He (.) also said: y
.Never a young man respects and honors an elder at his yold age, but Allah, the
Almighty will recompense such a yperson yat yhis yold yage. yAllah y(.) ywill ya
vail ypeople yto yrespect such a young respectful man at the old age when yhe ne
eds it most.y35 y
Islamic alaw aobligates assistance ato aorphans, as aAllah athe aMost Merciful s
ays in the Glorious Qur’an: y
.Therefore treat not the orphan with harshness.. (93:9) aAnd He, the Exalted, sa
ys: a
.Come ynot ynear yto ythe yorphan’s yproperty yexcept yto yimprove it, until he
attains the age of full strength; and yfulfill (every) engagement, for (every) e
ngagement will ybe inquired (on the Day of Reckoning).. (17:34) a
And He says: a
34 Reported by Abu Da‘ood no. 1984 and Tirmidthi no. 2091. a35 Reported by Tirmi
dthi. a
uman Rights in Islam and Common Misconceptions H

.Those who unjustly eat up the property of orphans, eat yup ya yfire yinto ythei
r yown ybodies: ythey ywill ysoon ybe yenduring a blazing fire!. (4:10) a
Allah (.) addressed the preservation aof the rights aof the ainnocent children w
hose parents might commit a crime against athem due to poverty and total ignoran
ce by killing them. Allah a(.) states in the Glorious Qur’an: y
.Say: "Come, I will rehearse what Allah has prohibited y
ou from: join not anthing as equal with Him; be good yto your parents; kill not
your children on a plea of want - yWe provide sustenance for you and for them -
come not ynear shameful sins, whether open or secret; take not life, ywhich Alla
h has made sacred, except by way of justice yand law: thus does He command you,
that you may learn ywisdom.. (6:151) a
In athis afashion awe acan asee athe autmost arespect and apreservation afforded
ato athe aweak, and aless affluent and ahealthy people in the Islamic society.
a
y
y
y
y
.....
uman Rights in Islam and Common Misconceptions H

The Preservation of Wealth y


Private wealth and property are the basis of the economy a
nd livelihood of the members of the society. Islam protects apersonal awealth an
d aimposes avery astrict apenalties against abanditry, robbery, and thievery, an
d any violations against the asanctity aof aproperty. aCheating, aembezzlement,
amonopoly, ahording and amany aother aharmful apractices are also aprohibited. T
his is done with the idea of ensuring protection to athe wealth and personal ass
ets of the individuals. Islamic law aimposes the corporal punishment of cutting
off the hand of the athief who steals the property of others, and the hand and f
oot aof those who commit armed highway robbery, all according to astrict arequir
ements and adue aprocess aof alaw. aAllah, athe aAlmighty, states in the Gloriou
s Qur’an: y
.As to the thief, male or female, cut off his or her hands: ya punishment by way
of example from Allah, for their ycrime: and Allah is Exalted in Power. Full of
Wisdom.. a
(5:38) a
It must be noted that the process of amputating the hand of a athief is only imp
lemented with strict conditions, which include athe following: a
.The stolen items or valuables must be under a locked area awhereby the thief br
eaks the lock to get to the private area. If a athief steals an item that is lef
t outside negligently or not cared afor, there is no punishment by amputation. T
he thief in this acase may be subjected to the penalty of snatching, wherein the
a
uthorities determine the appropriate penalty or aTa.zeer.. a
.The theft committed must not involve food for survival from ahunger. The second
Caliph Omar bin al-Khattab (.) during athe afamine aof athe aRamadah aYear. adi
d anot apply athe a
uman Rights in Islam and Common Misconceptions H

punishment for stealing due to the conditions of widespread ahunger. a


.The value of the stolen items must be above the range of the avalue set for ste
aling that obligates amputation of the hand. a
The aphysical apunishments are anot ato abe aexecuted aunless athere is sound ev
idence (i.e. no doubt that the crime has been acommitted) and that it is punisha
ble by Islamic law. a
Islamic jurisprudence, however, awhile expiating corporeal apunishment aof a cri
minal for the crime he committed, awill asubstitute ait awith another atype aof
adisciplinary apunishment. aDisciplinary apunishment ais ausually aless athan at
he acorporeal apunishment and is determined by the Muslim judge according ato th
e type, level, category and severity of the crime and the acriminal ahimself and
ahis acriminal arecords. aDisciplinary apunishment amay abe aimprisonment, aflo
gging ain apublic, areprimanding him or imposing a fine for his crime. a
Other athan athievery aIslam ahas abanned all atypes aof atransgression against
aprivate apossessions, aestate and aland aownership. This is based on the verse
in the Glorious Qur’an: y
.And do not eat up your property among yourselves for yvanities, nor use it as a
bait for the judges, with intent ythat you may eat up wrongfully and knowingly
a little of y(other) people’s property .. (2:188) a
Therefore, the transgressor will be subjected to a tremendous a
nd severe penalty on the Day of Requital. This is based on the astatement of All
ah.s Messenger (.): y
uman Rights in Islam and Common Misconceptions H

.Whosoever unjustly takes an money or the wealth of yanother yMuslim ywithout ya


ydue yright, yAllah ywill ymeet ysuch a person while He is angry with him.y 36
a
Another statement of Allah.s Messenger (.) is: y
.Whosoever yunjustly ygrabs ya yhand yspan yof yland y(of yanother Muslim) Allah
(.) will have this oppressor to be ysurrounded with seven earths (around his ne
ck) on the yDay of Requital.y 37 a
Islamic alaw ademands athat athe aoppressor amust areturn athe a
mount ahe aunjustly aconfiscated aof aother aMuslims. aland aor aproperty, or al
ternatively he is forced to pay the value of such aunjustly confiscated property
. Furthermore, the oppressor in asuch a situation is subjected to a lashing pena
lty determined aby the Muslim judge. Islam entitles the owner of a wealth or apr
operty to defend all that he owns, even to the point of killing athe oppressor i
f he will not desist and continues his attack on ahim and his property. If the o
wner kills his oppressor he is not ato be killed for killing the oppressor if he
can prove that he akilled him while defending his ownership. If the oppressor,
on athe other hand, killed the defending owner, the killed owner is a
martyr and the attacker a murderer. This is based on the astatement of Allah.s
Messenger (.), a
.Whosoever is killed defending his wealth is a martyr.y38 y
36 Reported by Ahmad no. 3946. a37 Ibid. no. 9588 a38 Reported by Bukahri no 234
8. a
uman Rights in Islam and Common Misconceptions H

Note yon ythe ypreservation yand ythe ysafety yof ythe ynational yresources: a
Reserved anational aresources are apublic aproperty and athe aincome generated f
rom these natural resources must be placed ain the Public Treasury to finance th
e needs of the public. Such aresources are not to be owned privately by a specif
ic group or aclass aof apeople aor aindividuals afor any aspecific amerit. aThe
arevenue aof asuch aresources ais asolely ato abe aused afor apublic.s awelfare.
It becomes a collective responsibility of the Islamic asociety to be vigilant a
gainst any intruder or aggressor against athis property. Any unlawful exploitati
on of common natural aresources ais abanned according ato aIslamic ateachings an
d aprinciples. Allah, the Almighty, states in the Glorious Qur’an: y
.And do no evil nor mischief on the earth.. (2:60) a
Furthermore, athis ais abased aon athe astatement aof aAllah.s aMessenger (.), a
.The yhuman ybeings yare ypartners yin ythree y(natural yresources): water, graz
ing grass and fire (fuel).y39 y
y
Note on public and private rights in Islam: y
Islam aendeavors ato astrengthen athe asocial aties among athe amembers of the I
slamic society. Islam addressed the rights of athe immediate members of the fami
ly first, then the kindred awho have obligations and rights towards each other a
ccording ato their closeness. The value and the importance of such rights avary
according to the kind and degree of relationship. Allah, athe Almighty, states i
n the Glorious Qur’an: y
39 Reported by Imam Malik. a
uman Rights in Islam and Common Misconceptions H

.O Mankind! Be dutiful to your Lord, Who created you yfrom a single person, and
from him He created his wife; yand from them He created man men and women; and y
fear yAllah ythrough yWhom you ydemand y(your ymutual yrights) yand y(do ynot yc
ut ythe yrelations yof ythe ywombs). ySurely Allah is ever an All-Watcher over y
ou.. (4:1) a
And Allah says in the context of inheritance rules: a
.You know not which of them, whether your parents or y
our children, are nearest to you in benefit, (these fixed yshares) are ordained
by Allah. And Allah is Ever All-yKnower, All-Wise.. (4:11) a
Other relationships were not neglected in Islam either since athey are all part
of the network that joins people making them acloser ato aeach aother apersonall
y and asocially. aMore adistant apeople to each other also need a type of bond t
hat brings them atogether in the net in order to help and appreciate one another
a
nd build a cohesive society. Allah, the Almighty states in the aGlorious Qur’an:
a
.(They are) those who, if We establish them in the land, yestablish regular pray
er and give regular charity, enjoin ythe right and forbid wrong: with Allah rest
s the end (and ydecision) of (all) affairs.. (22:41) a
Strengthening of relationship is also guided by the statement aof Allah.s Messen
ger (.), a
"Do not envy one another; do not inflate prices on one yanother; do not hate one
another; do not turn away from yone another; and do not undercut one another, b
ut be you, yO yservants yof yAllah, ybrothers. yA yMuslim yis ythe ybrother of a
Muslim: he neither oppresses him nor does yhe fail him, he neither lies to him
nor does he hold him y
uman Rights in Islam and Common Misconceptions H
in contempt. Piety is right here - and he pointed to his ybreast three times. It
is evil enough for a man to hold his ybrother yMuslim yin ycontempt. yA yMuslim
yfor yanother yMuslim is inviolable: his blood, his property, and his yhonor."4
0 y
And he (.) said: y
.The example of believers in love, affection, cooperation yand sympathy is like
that of one body. If one organ of the ybody aches, the entire body will support
the aching body ypart by wakefulness and fever.y 41 a
Therefore, athere are awell-established apublic and aprivate arights ain athe aI
slamic asociety. aIn athe asection abelow awe awill ahighlight the most importan
t public and private rights in the aIslamic law and teachings: a
1. Rights of Almighty Allah a
2. Rights of the Prophet Muhammad (.) a a
3. Rights of other Prophets and Messengers a a
4. Rights of Parents a a5. Rights of Husband towards His Wife a a6. Rights of Wi
fe towards Her Husband a a7. Rights of Children a a8. Rights of Relatives a a
a
.
.
.
.
.
.....

40 Reported by Muslim. a41 Reported by Bukahri no. 2238 and Muslim no. 2586. a
uman Rights in Islam and Common Misconceptions H

The Rights towards Allah, the Almighty y


The essential right of man towards Allah (.) is to worship aHim alone, setting a
up no rivals aor partners awith Him, nor a
ttributing any asons aor adaughters ato aHim a(.). aThe aeternal atruth of all e
xistence is that LA ILAHA ILAL-ALLAH aThere ais no god worthy of being worshippe
d except Allah,. meaning athat there is no so-called agod. or deity or entity wo
rthy of aworship and absolute obedience. This is the testimony of faith aof a Mu
slim that involves the following requirements: a
y
* Man must submit himself to Allah in faith with total and asincere belief, decl
aring with his tongue, accepting with his aheart and showing with his actions th
e truth of the statement athat Allah, the Almighty states in the Glorious Qur’an
: a
.So know that La ilaha ill-Allah (none has the right to be yworshiped but Allah)
, and ask forgiveness for your sin, yand also for (the sins of) believing men an
d believing ywomen. And Allah knows well your moving about, and y
our place of rest (in your homes).. (47:19) a
y
* yAllah alone adeserves ato abe aworshiped and aobeyed ain an absolute sense. N
one has the right to be worshiped along or abesides Him. All statements, acts an
d hidden intentions must a
gree with what the Almighty has designated. All actions of aman must be performe
d for the Pleasure of the Almighty. The aAlmighty Allah states in the Glorious Q
ur’an: a
.And your yLord ysaid: "Invoke Me, [i.e. believe in My yOneness] (and ask Me for
anthing) I will respond to y
our (invocation). Verily! Those who scorn My worship y[i.e. ydo ynot yinvoke yMe
, yand ydo ynot ybelieve yin yMy yOneness] they will surely enter Hell in humili
ation! y. a
uman Rights in Islam and Common Misconceptions

(40:60) a
* Human beings are obligated to give full and total submission ato the Will of A
llah by willing obedience to the Commands of aAllah (.) which have been revealed
for man.s own salvation. aThis is based on the instruction of the verse of the
Glorious aQur’an: a
.It is not for a believer, man or woman, when Allah and yHis Messenger have decr
eed a matter that they should yhave an option in their decision. And whoever dis
obeys yAllah yand yHis yMessenger, yhe yhas yindeed strayed in a yplain error..
(33:36) a
* A Muslim must have pure love of Allah (.) as well as His aProphet and Messenge
r (.). This love should dominate the alove of other beings and his own self in t
imes of conflict and acontradiction. aAllah athe aExalted asays ain athe averse
aof athe aGlorious Qur’an: a
.Say: yIf your yfathers, your ysons, your ybrothers, your ywives, your kindred,
the wealth that you have gained, the ycommerce in which you fear a decline, and
the dwellings yin which you delight...are dearer to you than Allah and yHis yMes
senger, yand ystriving yhard yand fighting in His yCause, then wait until Allah
brings about His Decision y(torment). And Allah guides not the people who are Al
-uFasiqun (the rebellious, disobedient to Allah).. (9:24) a
* yA aMuslim ais arequired ato abelieve ain athe aNames and aAttributes. athat a
Allah a(.) ahas agiven aHimself, aor athose attributed ato aHim athrough arevela
tion aby aHis aProphet and aMessenger (.). No one may attribute any name or qual
ity by aspeculation to Allah that neither Allah (.) nor His Prophet and Messenge
r have attributed to Him. He must not offer any aundue aexplanation aor asimilit
ude ato aexpress an aopinion a
uman Rights in Islam and Common Misconceptions H

concerning these Names and Attributes of Allah (.). Allah the aExalted says in t
he Glorious Qur’an: a
.There yis ynothing ylike yunto yHim, yand yHe yis ythe yAll-yHearer, the All-Se
er.. (42:11) a
* yMan amust aworship aAllah aonly ain athe amanner and aform alegislated by All
ah through his Messengers and Prophets. It is anot allowed to invent a worship t
hrough speculation and then ascribe it to the true religion. All the worship sho
uld be in line awith the revealed religion of Islam. For example to offer the a
Salah. obligatory prayers. One of the fruits of offering and amaintaining such p
rayer is that it helps to enjoin good and astop all evil acts. Allah, the Almigh
ty states in the Glorious aQur’an: a
.Recite what has been revealed to you of the Book (the yQur’an), yand yperform y
As-Salah. yVerily, yAs-Salah y(the yprayer) prevents from Al-Fahsha’ (i.e. great
sins of every ykind, unlawful sexual intercourse, etc.) and Al-Munkar y(i.e. di
sbelief, polytheism, and every kind of evil wicked ydeed, etc.) and the remember
ing of Allah is the greatest yindeed. And Allah knows what you do.. (29:45) a
The payment of Zakah (obligatory charity) to the destitute and aneedy agenerates
aself-purification and aelimination aof amiserliness and niggardliness, as well
as alleviating the pains and trials of the less fortunate. Allah, the Almighty
states in a
the Glorious Qur’an: a
.He ywho yspends yhis ywealth yfor yincrease yin yself-ypurification. yAnd ywho
yhas y(in ymind) yno yfavor yfrom yanone to be paid back. Except to seek the Cou
ntenance yof his Lord, the Most High.. (92:18-20) a
a
uman Rights in Islam and Common Misconceptions H

Observing Saum (fasting) enables man to have better control and aself-discipline
aover atemptations and apassions. aMan abecomes more conscious of the sense of
piety and God-fearing, and the needs of the poor and less fortunate. The Almight
y a
Allah states in the Glorious Qur’an: a
.O you who believe! Observing as-Saum (the fasting) is yprescribed for you as it
was prescribed for those before you, that you may become Al-Muttaqun (the pious
).. a
(2:183) a
Hajj, pilgrimage, has many benefits, as Allah, the Almighty astates in the Glori
ous Qur’an: y
.That they may witness things that are of benefit to them y(i.e. yreward yof yHa
jj yin ythe yHereafter, yand yalso ysome yworldly gain from trade, etc.), and me
ntion the Name of yAllah on appointed days, over the beast of cattle that He yha
s yprovided yfor ythem. yThen yeat ythereof yand yfeed ytherewith the poor who h
ave a very hard time.. (22:28) a
All these and the other acts of obligatory worship in Islam a
re ameant afor aman.s aown abenefit. aThere ais anever aundue ahardship when per
formed under normal circumstances. Allah, athe Almighty states in the Glorious Q
ur’an: a
.Allah intends for you ease and He does not want to ymake things difficult for y
ou.. (2:185) a
The Messenger of Allah (.) said in support of this concept: y
.If I command you to do anthing, do as much as you ycan.y 42 a
And he (.) said: a
.Religion is easy.. 43 a
42 Sahih Bukahri, Hadith No. 1337. a
uman Rights in Islam and Common Misconceptions H

a
In athe aevent aof asickness and aother alegitimate ahardships, aworships are ei
ther completely exempted aor sustained with asome aconcessions. aFor ainstance,
astanding ais arequired ato aperform daily-prescribed prayer but if one is unabl
e he may aoffer it sitting down, and if that is not possible, by lying down aon
the side of the body or on his back, or in any other way that ais suitable and c
omfortable to his situation. If a worshiper is anot able to maintain his prayer
in any of the above situations, ahe may pray by the motions of his hands or even
eyes. It is aincumbent to perform ablution prior to offering a prayer but athis
requirement is waived if a Muslim cannot find water or athere is some harm in i
ts use. He performs Tayammum (with athe clean dust) instead and offers his praye
r exactly as if he ahad aperformed ablution awith awater. aA awoman ain aher ame
nstrual aperiod aor aone awho ais aexperiencing apost-natal ableeding ais aexemp
ted afrom aperforming aprayer auntil aher ableeding completely stops, and she is
not required to make up athe prayers she missed. A Muslim, male or female, who
does anot possess Nisab (the requisite minimal amount on the basis aof which it
is obligatory to pay Zakah), is not required to pay any Zakah. An old person who
is unable to observe fasting, a
nd a asick aperson awho also acannot aobserve afasting are aconveniently aexempt
ed afrom afasting. aThey ahave ato apay aits atonement aif athey are able. aAton
ement ais ato afeed a aneedy aperson one meal for each day not fasted. Similarly
, a traveler amay abreak ahis afast awhile atraveling, as atraveling ainvolves a
hardship and afatigue. aA awoman ain aher amenses aor after achildbirth is not t
o fast until her bleeding completely stops, awhereupon she makes up those missed
days of fasting. The aHajj is not obligatory on any person who is incapable due
to a
43 Reported by Bukahri, Muslim and others.
uman Rights in Islam and Common Misconceptions H

physical ainability aor afinancial aconstraints asince athe aperson aintending H


ajj must have sufficient funds to satisfy himself and ahis afamily.s aneeds abey
ond athe aexpenses aof apilgrimage. aAllah, the Exalted, says in the Glorious Qu
r’an: a
.In yit yare ymanifest ysigns y(for yexample), ythe yStation yof yIbrahim y(Abra
ham); ywhosoever yenters yit, yhe yattains ysecurity. And Hajj (pilgrimage to Ma
kkah) to the House y(Ka’bah) is a duty that mankind owes to Allah, those who yca
n yafford ythe yexpenses; yand ywhoever disbelieves [i.e. ydenies Hajj then he i
s a disbeliever of Allah], then Allah ystands not in need of an of His creatures
.. (3:97) a
Another example of the mitigation of hardships in Islam is awhen a person faces
the shortage of lawful food and is on the abrink of death: he is allowed to take
even unlawful food items alike meat of the dead animal, pork and wine44. This r
ule is also abased aupon athe ainstructions aof athe averse aof athe aGlorious a
Qur’an: y
.He has forbidden you only the dead animals, and blood, yand the flesh of swine,
and that which is slaughtered as a ysacrifice for others than Allah. But if one
is forced by ynecessity without willful disobedience nor transgressing ydue lim
its, then there is no sin on him. Truly, Allah is yOft-Forgiving, Most Merciful.
. (2:173) a
44 He may eat from the unlawful enough to keep him alive.
uman Rights in Islam and Common Misconceptions H

The Rights towards Prophet Muhammad (.) y


a
Allah sent all His Messengers to guide mankind and if man abelieves and obeys th
em giving them all their due rights, Allah ahas promised success in this life an
d the Hereafter as a reward. aThese rights are summarized in the following testi
mony along awith the above testimony (There is no god worthy of being aworshippe
d except Allah), aMuhammad (.) is the slave and aMessenger aof aAllah a(.).. aTh
is adeclaration arequires athe afollowing: a
* yBelief ain athe auniversality aof athe aMessage aof aProphet aMuhammad to all
humanity. Islam is not oriented to a specific acategory of people, as it was th
e case with previous Prophets a
nd aMessengers a(.). aThis ais aderived afrom athe averse aof athe aGlorious Qur
’an: y
.Say: "O mankind! Verily, I am sent to you all as the yMessenger of Allah - to W
hom belongs the dominion of ythe heavens and the earth. La ilaha illa Huwa (ther
e is no ygod but He); It is He Who gives life and causes death. So ybelieve in A
llah and His Messenger, the Prophet who can yneither read nor write, who believe
s in Allah and His yWords, the Taurah (Torah) and the Injeel (Gospel) and yalso
Allah’s Word: "Be!" - and he was, i.e. ’Iesa (Jesus) son yof Maryam (Mary)], and
follow him (Muhammad .) so ythat you may be guided.. (7:158) a
* Belief that Allah.s Messenger and Prophet, Muhammad (.) ahas been protected by
Allah against possible human errors in arelation to his mission to mankind. Thi
s includes the belief athat the Prophet (.) never ommitted or added anything to
the acomplete Message of Allah (.). This is based on the verse of athe Glorious
Qur’an: y
uman Rights in Islam and Common Misconceptions H

.Nor does he speak of (his own) desire .. (53:3) a* Belief that Prophet Muhammad
(.) is the final Prophet and aMessenger of Allah (.) to mankind, and that no Pr
ophet or aMessenger will come after him (.). Allah says in the Glorious aQur’an:
a
.Muhammad is not the father of an of your men, but y(he yis) ythe yMessenger yof
yAllah, yand ythe yLast yof ythe yProphets.. (33:40) a
And the Messenger of Allah (.) said: y
.. and there is no prophet after me.y 45 y
a* Belief that the religious duties and divine commands Allah asent to mankind
are complete, and that the Prophet (.) has adelivered the Message of Allah (.) i
n its entirety, and gave the abest advice to his Ummah (nation) and the best gui
dance to do a
ll good and to avoid all evil. This is based on the verse of the aGlorious Qur’a
n: a
.This day, those who rejected Faith have given up all yhopes of your religion, s
o fear them not, but fear Me. yThis yday yI yhave yperfected your yreligion yfor
you, ycompleted My favor upon you, and have chosen for you yIslam as your relig
ion.. (5:3) a
* Belief that the laws legislated in Islam are approved by Allah a(.), and that
all the various types of worship are based upon and revolve around these divine
laws. Independent human actions awill not be accepted, Allah knows best, aunless
and a
until they are in conformity with these divine laws. This is abased on the verse
of the Glorious Qur’an: y
45 Reported by Bukhari no. 4416, and Muslim no. 2404, and others. a
uman Rights in Islam and Common Misconceptions H

.And ywhoever yseeks ya yreligion yother ythan yIslam y(submission to Allah), ne


ver will it be accepted of him, yand in the Hereafter he will be among the loser
s.. (3:85) a
* A Believer must comply with the commands of the Prophet a(.) and must strive t
o avoid acts of disobedience as Allah, the aExalted, says in the Glorious Qur’an
: y
..so ytake ywhatsoever ythe yMessenger ygives you, yand yabstain from that which
he forbids you. And fear Allah, yverily Allah is severe in Punishment.. (59:7)
a
* yA Muslim must show acceptance and satisfaction aof any averdict apassed aby a
the aProphet aof aAllah a(.) as aAllah, athe aExalted, says in the Glorious Qur’
an: a
.But no, by Your Lord, they can have no (real) Faith, until ythey make you judge
in all disputes between them, and yfind in their souls no resistance against yo
ur decisions yand accept them with full submission y.. (4:65) a
* A Muslim must follow the authentic traditions of the Sunnah a(way of the Proph
et) to the best of his ability. No one has any a
uthority to alter, add or omit any of the Sunnah traditions of athe aMessenger a
of aAllah a(.). aAllah, athe aExalted, asays ain athe aGlorious Qur’an: y
.Say: .If you do love Allah, follow me: Allah will love you yand yforgive you yo
ur ysins. yAnd yAllah yis yOft-y
Forgiving, Most Merciful.. (3:31) a* yA aBeliever amust ahonor athe aspecial ast
atus and adignity abestowed by Allah to His Prophet (.). No one must adulate or
adegrade this status. The Prophet (.) said: a
uman Rights in Islam and Common Misconceptions H

"Do not adulate me as the Christians adulated the son of yMaryam; (as) I am no m
ore than a slave (of Allah).so ysay: Allah’s slave and His Messenger." 46 a
And he (.) said: a
"O people! Say what you have to say, and do not allow y
ourselves to be seduced by Satan. I am Muhammad, the yslave and Messenger of All
ah. I do not like you to elevate yme yabove ythe ystatus yassigned yto yme yby y
Allah ythe yAlmighty.y 47 a
And he (.) is reported to have said: a
.Do not praise me more than I deserve. Allah (.) created yme yas ya yslave ybefo
re ycalling yme ya yProphet yand yMessenger.y 48 y
* A Muslim must offer the proper greeting to Allah.s Prophet and Messenger (.) w
hen his name is mentioned as a form of arespect, as instructed in the verse of t
he Glorious Qur’an: a
.Allah and His Angels send blessings on the Prophet: O you who believe! Send you
r blessings on him, and salute yhim with all respect.. (33:56) a
a* A Believer must have true love and affection for the Prophet a
nd Messenger of Allah (.) above the love of all others, since ainformation and p
ractices of the true religion of Allah (.) and athe many blessings that the Prop
het (.) brought as guidance, a
re the only means of salvation by the will of Allah. This is abased on the instr
uction of the verse of the Glorious Qur’an: y
46 Reported by Bukhari a47 Reporterd by An-Nisa.e and verifed as good. a48 Tabra
nee. a
uman Rights in Islam and Common Misconceptions H

.Say: yIf your yfathers, your ysons, your ybrothers, your ywives, your kindred;
the wealth that you have gained; ythe ycommerce yin ywhich you yfear ya ydecline
; yand ythe ydwellings in which you delight -are dearer to you than yAllah and H
is Messenger, and striving hard and fighting yin yHis ycause- ythen ywait yuntil
yAllah ybrings yabout yHis ydecision. And Allah guides not the rebellious.. (9:
24) a
y
* A Muslim must devote every possible effort and opportunity a
vailable to him to call, with wisdom and patience, all others ato the Message of
Muhammad (.). He should strive to inform athose who are unaware and misinformed
and strengthen the afaith of people with weak, wavering faith. As Allah, the Mo
st aWise, says in the Glorious Qur’an: y
.Invite (all) to the Way of your Lord with wisdom and ybeautiful preaching; and
argue with them in a way that is ybetter and most gracious. Truly, your Lord kno
ws best ywho has gone astray from His Path, and He is the Most yAware of those w
ho are guided.. (16:125) a
This is also based on the statement of Allah.s Prophet and aMessenger ., y
.Propagate, on my behalf, even one verse.y 49 y
y
y
y
.....

49 Bukhari, Hadith No. 3461 and Tirmidthi, Hadith No. 2669.


uman Rights in Islam and Common Misconceptions H

Rights towards Other Prophets and Messengers y


a
A aMuslim.s abelief ain aIslam ais anot acomplete aor acceptable aunless ahe ade
clares abelief ain athe atruth aof all athe aprevious aProphets and Messengers o
f Allah (.). A Muslim must believe athat all the previous Prophets and Messenger
s were sent for aspecific groups of people during a specific time, whereas the a
Message of Islam is universal and for all times and places until athe Day of Req
uital. Allah says in the Glorious Qur’an: y
.The Messenger believes in what has been revealed to yhim from his Lord, as do t
he men of faith. Each one (of ythem) believes in Allah, His angels, His Books, a
nd His yMessengers. .We make no distinction (they say) between yone and another
of His Messengers.y And they say: .We yhear, and we obey, (we seek) Your forgive
ness, our Lord, yand to You is the return y.. (2:285) a
Muslims are arequired ato adeliver athe aMessage aof aIslam ato aothers, but nev
er to force aor compel aothers to accept it, as aAllah, the Exalted, says in the
Glorious Qur’an: a
.And say, .The Truth is from your Lord: Let him who ywill, believe, and let him
who will, reject (it).. (18:29) a
y
y
y
y
y
.....
uman Rights in Islam and Common Misconceptions H

The Rights of Parents y


The rights of parents include respect, love and obedience. aThis aobedience ais
aconditional athat ait adoes anot acontradict aobedience to the commands of Alla
h and His Messenger. It ainvolves care and kindness to both parents, and provisi
on of anecessities afor aelder aparents. aHumility and arespect ato aboth aparen
ts aequally ais an aobligation, and any arrogance aor ainsolence is forbidden. P
atience and perseverance is required awhen aserving aparents, ano amatter awhat
athe acircumstances. aAllah says in the verse of the Glorious Qur’an: a
.And your Lord has decreed that you worship none but yHim, and that you be kind
to your parents. Whether one yor both of them attain old age in your life, say n
ot to ythem a word of contempt, nor repel them.and address ythem with good words
.. (17:23) a
The Messenger of Allah (.) instructed us saying: a
.Allah.s Pleasure (on someone) is based on the pleasure yof his parent. The Wrat
h of Allah is based upon the anger yof his parent.y 50 y
Both parents are entitled for such right even if they are not aMuslims so long a
s they do not command their children to do a
ny act of disobedience to Allah (.). Aishah (.) -the wife of athe Prophet (.)- s
aid: .My mother came to visit me while still anot a Muslim. I asked Allah.s Prop
het (.) concerning her visit a(and how to treat her while visiting me) and said,
My mother ais eager to visit with me. Should I (or should I not) extend my acou
rtesy a(as a ahost) ato aher? aHe a(.) asaid: a.Yes, yextend ycourtesy.y a
50 Tirmidthi, Hadith No. 1962. a
uman Rights in Islam and Common Misconceptions H

The amother amust abe agiven apriority ain aterms aof akindness, asympathy, good
feelings, love and affection as mentioned by aAllah.s Prophet (.): aA man came
to Allah.s Prophet (.) and a
sked him, .O Prophet of Allah! Who is the most worthy and adeserving person of m
y good treatment and companionship? aHe (.) replied, .Your mother.y The man aske
d, .who is next aworthy aperson aof amy acompanionship?. aAllah.s aMessenger are
plied, ..our mother.. The man asked . who is next?. Allah.s aMessenger areplied,
y..our ymother.. yThe aman asked a.who ais anext?. aAllah.s aMessenger areplied
, a..our yfather.y aAnd ain a
nother version there is the ending:...our father, and then ythe next nearest and
next nearest.y51 a
Allah.s Messenger (.) assigned the mother with a three-fold aportion aof athe ar
ight aof acompanionship. aThe afather, ain acomparison, receives only one share.
This is due to the fact athat mothers suffer more hardships during pregnancy an
d in athe birth, delivery and care of the children. Allah says in the aGlorious
Qur’an: y
.And we have enjoined on man kindness to his parents: yin pain did his mother be
ar him, and in pain did she give yhim birth.. (46:15) a
This in no way demeans the rights of the father, since the aProphet (.) said: a
"No son can repay (the right of his father) unless he finds y
him a slave, buys him and then emancipates him." 52 a
a
51 a a aBukhari aHadith aNo. a2227, aMuslim aHadith aNo. a2584 and aTirmidthi, H
adith No. 1959. a52 Reported by Muslim a
uman Rights in Islam and Common Misconceptions H

The Rights of Husband towards His Wife y


A husband has the right of ultimate authority of the home amanagement asince ahe
ais aresponsible afor athem and ais a
ccountable afor all aspects aof atheir amaintenance. aHis aleadership should be
with justice, patience and wisdom. As aAllah says in the Glorious Qur’an: y
.Men yare ythe yprotectors yand ymaintainers yof ywomen, ybecause Allah has made
one of them to excel the other, yand ybecause ythey yspend y(to ysupport ythem)
yfrom ytheir ymeans.. (4:34) a
One reason among many for this degree of responsibility is athat men are general
ly stronger and rational whereas women a
re generally weaker and more emotional, traits given by their aCreator to serve
their complementary roles in life and in the afamily. aA awife ais arequired ato
aobey athe acommands and ainstructions of her husband as long as these do not i
nvolve any a
ct aof adisobedience ato aAllah.s acommand and athe aProphet.s ainstructions. Ai
shah, the wife of the Prophet (.) questioned ahim: a
.Whose right is the greatest on a woman? He (.) replied yspontaneously, .A woman
.s husband.s.. The Messenger y(.) was asked: .whose right is the greatest on a m
an? . He y(.) replied, .His mother.s.y 53 a
A wife must not demand from her husband things that he acannot afford, athat ahe
ais anot acapable ato aproduce, aor atasks abeyond his ability. A wife is requi
red to protect the children a
nd the lineage of her husband by protecting herself and being acompletely chaste
. She should be a trustworthy guardian of his awealth. She should not leave her
husband.s home without his a
53 Al-Hakem. a
uman Rights in Islam and Common Misconceptions H

prior knowledge and approval, nor allow any person to enter ain his home whom he
r husband dislikes. This is to protect the ahonor and aharmony aof athe afamily,
as ainstructed aby athe aMessenger of Allah .: y
.The best of women is the one, who, if you look at her y
ou will be pleased with her, if you command her [to y
perform an lawful action] she will obey you, and if you y
are absent she will protect and preserve your wealth and y
lineage.y54 a
y
y
y
y
y
y
y
y
y
y
y
y
.....

54 Ibn Majah, Hadith No. 1862.


uman Rights in Islam and Common Misconceptions H

The Rights of Wife towards Her Husband y


The rights of wives concerning their husbands are many and amay be summarized as
follows: a
Dowry: aA awife ais aentitled ato areceive a adowry afrom aher ahusband awithout
awhich a amarriage acontract ais avoid. aThe adowry ais anot ato abe aforfeited
abut after athe acompletion aof a amarriage contract she may forfeit her right
as Allah (.) says in athe Glorious Qur’an: a
.And give to the women (whom you marry) their Mahr y(dowry) with a good heart, b
ut if they, of their own good ywill, remit an part of it to you, take it, and en
joy it ywithout fear of an harm (as Allah has made it lawful).. a
(4:4) a
Financial Support: A husband is required to provide, within ahis means and limit
s, all essential and basic requirements of ahis wife (or wives), children and th
e entire household. Allah, athe Exalted, says in the Glorious Qur’an: y
.Let the man of means spend according to his means: and ythe man whose resources
are restricted, let him spend yaccording to what Allah has given him. Allah put
s no yburden on an person beyond what He has given him. yAfter a difficulty, All
ah will soon grant relief.. (65:7) a
To aencourage agenerosity atowards athe awives, aIslam ahas anamed athis afinanc
ial asupport as acharity awhich ais arewarded agreatly by Allah. The Prophet (.)
said to Sa..d ibn Abi Waqas: y
uman Rights in Islam and Common Misconceptions H

.No amount you spend on your family seeking reward yfrom Allah but that He will
reward you even if it is a bite yof food that you put in your wife.s mouthy55 y
A wife has a right to take the reasonably required amount afrom aher ahusband.s
aproperty afor aherself and aher achildren awithout aher ahusband.s aknowledge a
if ahe aspends amiserly aon athem according to the hadith wherein Hind bint .Utb
ah said: aO aMessenger aof aAllah: averily aAbu aSufyan ais a amiser and adoesn.
t give me enough for myself and my child except what I atake from his wealth wit
hout his knowledge, so he (.) said: y
.Take ywhat yis yreasonably yenough yfor you yand your yson56. a
Companionship and intimate relationship: One of the most aimportant rights aof a
wife is to secure from her husband a asatisfactory level of intimate relationsh
ip and a fair amount of atime with him. This right of the wife, (or wives) and f
amily amembers amust abe afully amaintained asince a awife aneeds an a
ffectionate husband to take care of her and fulfill her basic aneeds. As related
by Jabir when the Prophet (.) said to Jabir: a
.Did you marry O, Jabir?y I said: Yes. He said: .Virgin or ymatron (i.e. woman p
reviously married)?y I said: a matron. aHe said: .Why didn.t you marry a virgin
so that you could yplay with her and she could play with you or you make her yla
ugh and she makes you laughy?57 y
y
Protection of all the secrets of the wife: A husband must not adisclose any of h
is wife.s deficiencies or shortcomings, keeping a
55 Bukhari, Hadith No. 3721 a56 Bukhari, Hadith No. 5049 a57 Bukhari, Hadith No.
6024 a
uman Rights in Islam and Common Misconceptions H

ll what he sees and hears from his wife as a secret that should anot aever abe a
disclosed. aAll aintimate arelationship abetween a ahusband and wife in Islam is
cherished and protected. Marital arelationships are sacred relationships accord
ing to Islam, as we aread in the instructions of Allah.s Messenger (.): y
.One of the worst positions in the sight of Allah on the yDay yof yRequital yis
ythat yof ya yman ywho ywill yhave yan yintimate relationship with his wife, and
then spread the ysecrets of the spouse to the public.y58 y
yEquality and Fairness: The husband who is married to more athan one wife must
provide equally to all of his wives, offering athem the same or comparable housi
ng conditions and clothing. aHe is to spend equal time with each one of them. An
y injustice ain this regard is strictly prohibited as the Messenger of Allah a(.
) said: a
.He who has two wives and does not treat them both yequally will appear on the D
ay of Requital while he is yhalf paralyzed.y59 a
y
Fair yand ykind ytreatment: aA ahusband amust aextend ajust atreatment ato ahis
awife and ahousehold. aA ahusband amust ademonstrate care, kindness and solve an
y problem within his ameans, while forbearing the deficiencies and shortcomings
of ahis wife seeking the Pleasure of Allah (.) in both worlds. A ahusband must c
onsult with his wife/wives concerning their life and afuture aneeds and aplans.
aHe ais arequired ato asecure and aprovide afor ahis awife and ahousehold all am
eans aof apeaceful a
58 Muslim, Hadith No. 1437. a59 Nisa‘i, 7:63.. a
uman Rights in Islam and Common Misconceptions H

environment at home and outside. The Messenger (.) of Allah asaid: a


.Those ybelievers yhave ythe ymost ycomplete yfaith ywho yposses the best of cha
racter, and the best among you are ythose who are the best to their wives.y60 a
y
Protection and Preservation: By all the abilities availible, a ahusband must not
place or expose his wife or family members ato any immoral situation or evil en
vironment. This is based on athe instructions of the verse of the Glorious Qur’a
n,: a
.O you who believe! Save yourselves and your families yfrom a Fire whose fuel is
Men and Stones, over which are y(appointed) yangels ystern y(and) ysevere, ywho
yflinch ynot y(from executing) the Commands they receive from Allah, ybut do (p
recisely) what they are commanded.. (66:6) a
He must protect the private wealth and property of his wife a
nd must not use any of her personal funds or possessions awithout aher aprior ap
proval. aHe amust anot aengage ain any atransaction aconcerning ahis awife’s afi
nances, awithout aher aconsent. a
y
y
y
.....

60 Trimidthi, Hadith No. 1162.


uman Rights in Islam and Common Misconceptions H

The Rights of Children y


The rights of the children are numerous, beginning with the aentitlement ato abe
agiven ahonorable anames. aThe aProphet a(.) asaid: y
.Verily you ywill ybe ycalled yby your ynames yand your"
fathers. names on the Day of Requital, so give yourselves"
good namesy.61

Their rights include provision of all the necessities of life like affordable ah
ousing, alawful afood, abeneficial aeducation and a
proper upbringing. The Messenger of Allah (.) said, y
.It is a sufficient sin to lose and waste those whom you yare obligated to suppo
rt [i.e. by not providing proper care yand upbringing].y 62 a
a
Parents should teach them good moral behavior and protect athem against bad habi
ts such as lying, cheating, deception, aselfishness, etc. The Messenger of Allah
(.) said: a
.Each one of you is a shepherd and is responsible for ythose under his care.y63
y
a
Children are aentitled ato arecieve ajust and aequal atreatment awithout being p
referred one over another in terms of dealings a
nd treatment, gifts, grants, inheritance etc. Unfair treatment ato the children
may result in bad behavior towards either or aboth parents and the other sibling
s. Nu’man b. Basheer said athat my father offered me a gift from his wealth so m
y mother aUmrah bint Rawah said: I would not agree to that until the a
61 Sahih Ibn Habban, Hadith No. 5818. a62 Abu Da‘ood no. 1692. a63 Bukhari a
uman Rights in Islam and Common Misconceptions H

Messenger of Allah (.) witnesses it. So my father went and a


sked him to awitness my gift. The Messenger aof Allah (.) a
sked: .Did you offer the same to all of your children?y The aman replied, ’No!’
Allah.s Messenger (.) said to him: .Fear yAllah yand ybe yjust yin ydealing ywit
h your ychildren.y So my afather returned and placed back that gift.64 a
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
y
.....

64 Muslim, Hadith No. 1623.


uman Rights in Islam and Common Misconceptions H
The Rights towards Relatives y

Relatives ahave aspecific arights aentitling athem ato aspecial attention, visit
s and support. A wealthier Muslim is obliged to assist his or her relatives, wit
h priority given to the nearest in a
kin, and then in order of nearness in relationship. A Muslim asupports his broth
ers and relatives in times of need and shares atheir concerns. In the Glorious Q
ur’an we find the saying of aAllah the Almighty: y
.O Mankind! Be dutiful to your Lord, Who created you yfrom a single person, and
from him He created his wife; yand from them He created man men and women; and y
fear yAllah ythrough yWhom you ydemand y(your ymutual yrights) yand y(do ynot yc
ut ythe yrelations yof ythe ywombs). ySurely Allah is ever an All-Watcher over y
ou.. (4:1) a
Islam encourages a Muslim to be kind to his relatives even awhen they are unkind
to him, and asks him to continue his arelations even awhen they cut them aoff.
Boycotting relatives a
nd family members falls into the category of a major sin in aIslam, as Allah say
s in the Glorious Qur’an y
.Then, is it to be expected of you, if you were put in yauthority, ythat you ywi
ll ydo ymischief, yin ythe yland, yand ybreak your ties of kith and kin? Such ar
e the men whom yAllah has cursed for He has made them deaf and blinded ytheir si
ght.. (47:22-23) a
a
a
a
.....
uman Rights in Islam and Common Misconceptions H

A Word on Public Rights and Duties y


1. Rights of a Ruler towards the Public a a2. Rights of the People towards the G
overnment a a3. Rights of Neighbors a a4. Rights of Friends a5. Rights of Guests
a a6. Rights of the Poor a a7. Rights of Employees/Laborers a a8. Rights of Emp
loyers a a9. Rights of Animals a
10. Rights of Plants & Trees a
11. Miscellaneous Rights

Islam instructs a believer to share the concerns and the trials aof his Muslim b
rethren all aover the aworld and assist them according to his ability. The Messe
nger of Allah (.) said: y
.A Believer to the other is like the bricks of one building: yeach yone ystrengh
tens ythe yother.y yUpon asaying athis, athe aMessenger aof aAllah a(.) amingled
athe afingers aof aboth ahis ahands.65 a
Islam teaches a Muslim to respect the reputation of a fellow aMuslim and avoid u
ndue suspicion. The Messenger of Allah a(.) said: y
.Avoid ysuspicion. ySuspicion yis ythe yworst ylie. yDo ynot yfollow the bad new
s, shortcomings and deficiencies of your Muslim brethren. Do not spy upon your M
uslim ybrethren. yDo ynot ycompete y[with yevil yminds yand yintentions] against
your Muslim brethren. Do not hate y
65 Bukhari, Hadith No. 5680 and Muslim, Hadith No. 2585. a
uman Rights in Islam and Common Misconceptions

our yMuslim ybrethren. yDo ynot yturn yaway yfrom your yMuslim brethren [when th
ey are in need of your help yand assistance]. O slaves of Allah! Be brethren to
one yanother, as He (.) commanded you to be. A Muslim is a ybrother to another M
uslim. A Muslim must be just to his yMuslim brother. A Muslim must not let his b
rother down yand forsake him. A Muslim must not discern or expose yhis yMuslim y
brother y[in yan ypossible yway yor ymean]. yEverything that a Muslim possesses
is unlawful for other yMuslims to use [without prior approval of the owner] or y
abuse y[for yno ydue yright]. yPiety y[and yrighteousness] yis yhere, pointing o
ut to his chest [i.e. the heart]. Piety is here. yIt is a sufficient evil for a
Muslim to expose his Muslim ybrother. Everything that a Muslim owns or possesses
is yunlawful for another Muslim [to tamper with]; his blood y[i.e. killing one
another], his protected items [in terms of ydignity, honor and family members],
and his wealth or ypossessions. Truly, Allah (.) does not care to look at y
our ybodies, yshapes yor yforms, ybut yrather yHe y(.) yis yconcerned with your
hearts, deeds and actions.y 66 a
Another aguideline afor athis ais acontained ain athe awords aof aAllah.s Messen
ger (.): a
.A Muslim will not become a true believer until he likes yfor others (i.e. Musli
m [male and female]) what he likes yfor himself.y67 a
The public rights that are common to all Muslims aof the aIslamic society are as
follows: a
66 Muslim, Hadith No. 2563. a67 Bukhari, Hadith No. 13. a
uman Rights in Islam and Common Misconceptions H

1. The Rights of a Ruler towards the Public y


This right is simply based on the contents of the verse of the aGlorious Qur’an:
a
.O you ywho ybelieve! yObey yAllah, yand yobey ythe yMessenger, yand ythose ycha
rged ywith yauthority yamong you.. (4:59) a
The followings are some of the directives required from a aMuslim to observe: a
. Obedience to the ruler as long as he does not command to ado an evil act. This
is based on the instructions of Allah.s aMessenger (.): y
.Listen and obey, even if a slave man from Ethiopia has ybeen appointed [as a ru
ler] so long as he acts according to ythe Book of Allah.y68 a
. Obedience of a Muslim ruler who is acting in accordance awith athe aDivine aBo
ok aof aAllah ais an aextension ato athe aobedience aof aAllah a(.), and avice a
versa. aAny act aof adisobedience to the commands of a ruler who is acting in ac
cordance with the Book of Allah (.) is, in reality, an act aof disobedience to A
llah (.). a
. A aMuslim aleader amust abe aoffered asincere advice, athat abenefits ahim, at
he acommunity and athe aentire anation. aA aMuslim ruler must be reminded of his
duties and exhorted ato aremain afaithful ato ahis apledge. aThis ais abased ao
n athe adirectives in the Glorious Qur’an: a
.But speak to him mildly; perhaps he may take warning yor fear (Allah).. (20:44)
a
68 Muslim, Hadith No. 1838. a
uman Rights in Islam and Common Misconceptions H

And the Prophet (.) said: .The Religion is advice.y We asaid: For who? He said:
.For Allah and for His Book and yfor His Prophet and for the leaders of the Musl
ims and yfor their publicy. y
The followers must support a Muslim ruler during crises. aMuslims are acommanded
ato acomply awith atheir aleader/governor and not forsake him aor provoke peopl
e a
gainst him in order to instigate troubles and evils. This is abased aon athe ain
struction aof aAllah.s aMessenger a(.),.If ya yperson comes to you, while a sing
le leader is leading you, yattempting to split your unity, then kill him.y 69 a
y
y
y
y
y
y
y
y
y
y
y
y
.....

69 Muslim, Hadith No. 1852.


uman Rights in Islam and Common Misconceptions H

2. Rights of the People towards the Government y


Muslims in an Islamic state have certain rights towards their agovernment. These
rights may be summarized as follows: a
y
Absolute Justice: This entails that every person is to be given ahis fair treatm
ent in the Islamic society. All individuals who are aentitled for specific right
s may be given their due rights. All aindividuals who are required to perform ce
rtain duties must be atreated afairly and awithout any abias. aResponsibilities
among aindividuals amust also abe adistributed ajustly and afairly. aNo aindivid
ual, class or category of people, or section of the society amust be given any p
riority or preference over the others. This is abased on the instructions given
by Allah.s Messenger (.), y
.The most beloved to Allah (.) on the Day of Requital, yand ythe closest to Him
(.) is a just ruler/governor or yjudge. And the most hateful to Allah (.) and th
e most ydistant from Him (.) is an unjust and tyrant ruler.y 70 a
y
Consultation: People have the right to be consulted on issues athat concern thei
r economic and social affairs. This process of aconsultation should be done in a
n ordinary form. Public must abe given the opportunity to express their viewpoin
ts and ideas aconcerning aissues arelated ato athe aIslamic acommunity and asoci
ety. Such viewpoints may be accepted if they serve public ainterest. Allah says
in the Glorious Qur..n: a
.And by the Mercy of Allah, you dealt with them gently. yAnd had you been severe
and harsh-hearted, they would yhave broken away from about you; so pass over (t
heir y
70 Thirmidthi, Hadith No. 1329. a
uman Rights in Islam and Common Misconceptions H

faults), yand yask y(Allah’s) yForgiveness yfor ythem; yand yconsult them in the
affairs.. (3:159) a
On amany aoccasions aAllah.s aMessenger a(.), afollowed athe a
dvice of his companions.during the Battle of Badr one of his aCompanions asugges
ted ato achange athe asite aof athe aMuslims. afighting acamp. aOne aof athe aMu
slims asked athe aMessenger aduring the Battle, .O Prophet of Allah! Is this a p
lace that Allah a(.) commanded you to camp at, and we have no choice of achangin
g it, or is it a war strategy and plan? Allah.s Messenger a(.) replied promptly,
.No. It is rather my war strategy.. The aman who asked, suggested, . O Prophet
of Allah! This is not athe right choice of place for the fighting camp. Let us s
earch afor the closest water reservoir to our enemies and camp there. aWe should
bury all other water resources then build a basin or a
water reservoir for our party. When the battle starts we will ahave access to wa
ter but our enemies will not. Thus we.ll be a
ble to drink and use the available water while our enemies awould anot; aAllah.s
aMessenger a(.) acommented, a.You yhave ycertainly given the best advice.y 71 a
y
Islamic yruling: yThe abasis afor athe aIslamic aruling and alegal ajudgments ai
s aShariah, aIslamic alaw. aThe aconstitution aof a aMuslim State must be based
on Qur’an and Sunnah, which are athe agreed upon Islamic judicial sources. There
should be no aroom for personal opinion if an authenticated text is available.
aIslamic alaw ais a acomprehensive asystem aof ajurisprudence aincluding persona
l and family law, criminal law, national and ainternational law, which fulfills
all requirements of man in the amost upright manner since it is based upon the r
evelations afrom Allah to His Messenger for the guidance of man. a
71 Ibn Hisham Biography of the Prophet (.). a
uman Rights in Islam and Common Misconceptions H

Open door policy: A Muslim governor must not be aloof and adistant from his peop
le nor assign middlemen who are partial apermitting some to see the governor, wh
ile preventing others. aThis is based on the instructions of Allah.s Messenger (
.): y
.Whosoever is entrusted with leadership over Muslims. yaffairs, yet hides away f
rom them and does not respond yto ytheir yneeds, yAllah y(.) ywould ynot yrespon
d yto ythe ysupplications of such a governor on the Day of Requital, ycausing hi
m to suffer from his own poverty and need.y 72 a
y
Mercy for people: A Muslim ruler must be kind and merciful ato his people never
overburdening them beyond their abilities. aHe must faciltate all means for his
people to live and survive ain the society in the best possible manner. A Muslim
governor amust treat an elder man like a father, a youngster like a son a
nd a person of equal age as a brother. A Muslim governor amust abe arespectful a
to athe aelders, akind, amerciful ato athe ayoungsters, and considerate to indiv
iduals of his age group. aThe Glorious Qur’an informs us about the characteristi
cs of aAllah.s aMessenger awho awas athe afirst aleader aof athe aMuslim aNation
: a
.Verily, ythere yhas ycome yunto you ya yMessenger y(Muhammad .) from amongst yo
urselves. It grieves him ythat you should receive an injury or difficulty. He is
ydeeply concerned about you.. (9:128) a
a
Allah.s Messenger (.), also advised: y
.Those who are merciful [and kind to others] may Allah ybe Merciful [and kind] t
o them. Be merciful to people on y
72 Abu Dawood, Hadith No. 2948. a
uman Rights in Islam and Common Misconceptions H

earth, Allah (.) will be merciful to you.y 73 a


Omar bin al Khattab (.) the second Muslim Caliph, was so aconcerned about his re
sponsibility before Allah that once he asaid, .By Allah! Had a female mule tripp
ed in Iraq, I would be a
fraid that I would be asked about it by Allah (.) [on the Day aof Requital].. O
Omar! Why did not you pave the way for athe she mule.. a
y
y
y
y
y
y
y
y
.....

73 Abu Dawood, Hadith No. 4941 and Tirmidthi, Hadith No. 1924.
uman Rights in Islam and Common Misconceptions H

3. Rights of the Neighbors y


Allah (.) ordained in the Glorious Qur’an: a
.Worship Allah and join none with Him in worship, and ydo ygood yto yparents, yk
insfolk, yorphans, ythe ypoor, ythe yneighbor ywho yis ynear yof ykin, ythe ynei
ghbor ywho yis ya ystranger, the companion by your side, the wayfarer (you ymeet
), and those (slaves) whom your right hands possess. yVerily, yAllah ydoes ynot
ylike ysuch yas yare yproud yand yboastful.. (4:36) a
Islam classifies neighbors into three categories, which are as afollows: a
A relative neighbor. This type of neighbor has three rights aover you: the right
of kin, the right of neighbors and the right aof Islam. a
A Muslim neighbor has two rights: the right of a neighbor and the right of Islam
. a
A non-Muslim neighbor enjoys the right of being a neighbor. aAbdullah bin Omar,
a awell-known leading Companion and ascholar of Islam, came home once and found
that his family amembers ahad aslaughtered a asheep. aHe aimmediately asked: a
.Did you offer some of the sheep.s meat as a present to our aJewish neighbor?. f
or I heard Allah.s Messenger (.) saying, y
.Angel Jibreel (.) continued to advise me to be kind to ymy neighbor until I tho
ught that he was going to give yhim a share in inheritance.y 74 H
Causing inconvenience to the neighbor is against the Belief. aThe Prophet (.) sa
id: .By Allah he does not believe, by Allah y
74 Tirmidthi, Hadith No. 2007. a
uman Rights in Islam and Common Misconceptions H

he does not believe, by Allah he does not believe!y It was asaid: Who O Messenge
r aof Allah? He said: a.The one from ywhose harm his neighbor is not safey.75 y
It is reported that Allah.s Messenger (.) illustrated the rights aof a neighbor
as follows: y
.Do you know what are the rights of a neighbor? [They yare as follows], If a nei
ghbor seeks your help, extend it to yhim. If a neighbor asks you for a loan, len
d him [if you yhave it.] If your neighbor becomes poor, then help him yfinancial
ly and attend to his poverty if you can. If your yneighbor becomes ill, then vis
it him [checking on his yhealth yand ywell-being.] yIf your yneighbor yis yhappy
yon ycertain gain, then congratulate him. If your neighbor is ysuffering a cala
mity, then offer him condolences. If your yneighbor dies, then attend his funera
l [if you can.] Do ynot yraise your ybuilding yover yhis ybuilding, yso ythat yh
e ywould have no sun exposure or wind passage. Do not ybother your neighbor with
the smell of your cooking, yunless you yintend yto yoffer yhim ysome y[of ythe
ycooked yfood].y 76 a
Even awhen athe aneighbor acauses aharm, agood abehavior ais a
dvised. aA aman acomplained ato aAbdullah aibn a.Abbas: aMy aneighbor harms me a
nd curses me. So he said to him: aHe adisobeyed Allah in your affair, so go and
obey Allah in his a
ffair.. a
4. Rights of the Friends y
Friends enjoy certain rights according to Islam. This is based aon the guiding
directives of Allah.s Messenger (.), y
75 Bukhari, Hadith No. 5670. a76 Tabrani, Hadith No. 1014. a
uman Rights in Islam and Common Misconceptions H

.The best companions in the sight of Allah is the one ywho is best to his compan
ions and the best of neighbors yin ythe ysight yof yAllah yis ythe yone ywho yis
ybest yto yhis yneighbors.y77 y
.
.
.
.
.
.
.
.
.
.

.....

77 Sahih Ibn Khuzaimah, Hadith No. 2539.


uman Rights in Islam and Common Misconceptions H

5. Rights of the Guests y


A host is obliged to honor his guest in Islam. The Prophet a(.) said: a
.Whoever believes in Allah and the Last Day, he shall yhonor his neighbor. And w
hoever believes in Allah and ythe Last Day, he shall honor his guest according t
o his yrighty. y
The man asked: And what is his right O Messenger of Allah? aHe said: a
.One day and one night and hospitality for three days yand whatever is more than
that, then it is charity on the yhost.s part. And whoever believes in Allah and
the Last yDay, he shall speak good or stay quiety.78 a
The manners of honoring the guests include warm welcome awith a happy face. Simi
larly it is obligatory on the guest to be aconsiderate about the host.s conditio
n and not to overburden ahim as the Prophet (.) said: a
.It is not allowed for a Muslim to stay with his brother yuntil he causes him to
sin. a
They said: O Messenger of Allah! And how does he cause ahim to sin? He said: y
.He stays with him and he does not have anthing to yoffery.79 a
a
a
.....

78 Bukhari, Hadith No. 5673. a79 Muslim, Hadith No. 48 a


uman Rights in Islam and Common Misconceptions H

6. Rights of the Poor and Needy y


Allah (.) praises those who spend for His cause in order to ahelp the poor and t
he needy in the Islamic society. This is based aon the instructions of the verse
in the Glorious Qur’an: a
.And yin ytheir ywealth yis ya yrecognized yright. yFor ythe y(needy) who asks a
nd the one who is deprived.. (70:24-25) a
As a matter of fact Islam regards the charity given to the apoor and athe aneedy
as aone aof athe amost avirtuous adeeds. aMoreover, Islam warns those who conce
al and save up their awealth and do not spend for the cause of Allah (.). Allah
says ain the Qur’an: a
.It is not righteousness that you turn your faces towards yEast or West. But the
righteousness is to believe in Allah yand the Last Day, and the Angels, and the
Book, and the yProphets, and to give of your wealth out of love for Him, yto yo
ur kin and orphans and the needy and the wayfarer yand those who ask, and for th
e ransom of slaves.... (2:177) a
The ones who accumulate the wealth without giving the due aright aof athe apoor
and aneedy as acommanded aby aAllah, are apromised by Allah that they will recei
ve a severe punishment aon the Day of Requital. Allah says in the Qur..n: a
..And those who hoard up gold and silver and do not yspend in the Path of Allah
then warn them of the painful ytorment.. (9:34) a
For this reason Zakah awas prescribed as one of the basic atenets aof aIslam. aZ
akah ais a aset apercentage a(2.5%) aof athe a
ccumulated awealth aover a aperiod aof aone ayear. aMuslims awillingly aoffer at
he adue amount ain aobedience ato aAllah.s aCommands. They pay it to the poor an
d the needy. Zakah is a
uman Rights in Islam and Common Misconceptions H

obligatory upon those who possess the appropriate amount on awhich Zakah is due.
Allah (.) states in the Glorious Qur’an: a
.And they were commanded not except to worship Allah, yoffering yHim yalone ysin
cere ydevotion, ybeing ytrue y(in yfaith); to establish regular Prayer; and to g
ive calculated yCharity; and that is the right Religion.. (98:5) a
If a Muslim denies the payment of Zakah (calculated charity) ahe/she awill abe a
declared as a adisbeliever. aFurthermore, aif a aMuslim refuses openly and publi
cly to pay the due amount of aZakah to the deserving individuals, a Muslim ruler
must wage awar against such people until they pay it properly. Refusing to apay
the due Zakah will harm the needy and the poor section of apeople in the Islami
c society who are entitled to this right. In athe early Muslim history Abu Bakr
(.), the second rightly aguided Caliph, waged war against the group who refused
to apay Zakah. Abu Bakr (.) adeclared: a.By yAllah! yHad ythose yrejecters of Za
kah refused to pay even the value of a she goat y(and in another narration: piec
e of rope) which they offered ypreviously to the Prophet (.), I shall fight them
for it [i.e., auntil they pay the full due amount.]. a
a
Zakah ais aprescribed awith athe afollowing aprinciples and aconditions: a
1. aThe aperson ato apay aZakah amust apossess a.Nisab. a(the a
ppropriate amount as stipulated in the Islamic Shariah). a
This amount must be over and above the needs of the a
owner. aThe abasic aneeds are adefined as afood, ashelter, a
transportation and proper clothing. a
2. aA aperiod aof aone-year amust apass awhile athe aowner amaintains this amoun
t in his possession, and he is in no a
uman Rights in Islam and Common Misconceptions H

need for it to pay for his essential needs. If less than a ayear passes, Zakah w
ill not be required. a
Islam defines the types of people who are entitled to receive aZakah. This is ba
sed on the verse in the Glorious Qur’an: y
.Verily alms are for the poor and the needy, and those yemployed yto yadminister
y(the yfunds); yfor ythose ywhose yhearts have been (recently) reconciled (to t
he truth); for ythose in bondage and in debt; in the cause of Allah; and yfor th
e wayfarer: (thus is it) ordained by Allah, and Allah yis All- Knower and All-Wi
se.. (9:60) a
Zakah is estimated at 2.5% of the total unused funds for one ayear. Islam impose
s Zakah in order to uproot poverty from the aIslamic society, treat the resultin
g problems stemming from apoverty asuch as: atheft, amurder, attacking apeople a
nd atheir aproperties. In addition, it revives the mutual social awelfare a
nd asupport among amembers aof athe aIslamic asociety. aFurthermore, Zakah is us
ed to fulfill the needs of the needy, athe destitute, and to pay the debts of th
ose who have debts a
nd are anot able ato apay atheir adebts adue ato a asound and alegitimate reason
. Moreover, the payment of Zakah purifies aone.s heart, soul and wealth as well.
An owner of a wealth will abecome less selfish, greedy and niggardly when he/sh
e pays athis charity with pure heart. The Almighty Allah states in the aGlorious
Qur’an: y
.And those saved from the covetousness of their own ysouls; they are the ones th
at achieve prosperity.. (64:16) a
Zakah purifies the hearts of those who are less affluent since athey will have l
ess hatred, jealousy and bitterness against the arich and wealthy class of peopl
e of the society because they see athat they are paying their just dues and the
rights to their apoorer brethren. a
uman Rights in Islam and Common Misconceptions H

The Almighty Allah warns those who refuse to pay their due a
Zakah against a severe punishment. The Almighty Allah states a
in the Glorious Qur’an: y
.And ylet ynot ythose ywho ycovetously ywithhold yof ythat ywhich yAllah yhas yb
estowed yon ythem yof yHis yBounty y(wealth) think that it is good for them. Nay
, it will be yworse yfor ythem; ysoon yshall ythe ythings ywhich ythey ycovetous
ly withheld be tied to their necks like a twisted ycollar on the Day of Resurrec
tion. To Allah belongs the yheritage of the heavens and the earth; and Allah is
well-yacquainted with all that you do.. (3:180) a
y
.
.
.
.
.
.
.

.....
uman Rights in Islam and Common Misconceptions H

7. Rights of the Employees/Laborers y


Islam has defined a set of rules on labor and the labor force. aAn employer, acc
ording to Islamic teachings, must establish ajust and acordial arelationship awi
th ahis aemployees and alabor aforce. Such a relationship must be based on equal
ity, goodwill a
nd abrotherhood aof aIslam. aThis ais abased aon athe aHadith of aAllah.s Messen
ger (.): a
.Your workers and slaves are your brothers whom Allah yhas yplaced yunder you. y
Whosoever yhas yone yunder yhim ymust feed him of what he eats, clothe him of wh
at he yclothes himself, and must not burden them over their yability. But if you
do burden them, then help them.. 80 a
Furthermore, Islam upholds the honor and the dignity of the aworkers. Allah.s Me
ssenger (.) is reported to have said, a
The best of income is that which results from honest ylabor.y 81 a
Moreover, Islam requires an employer to declare the wages ato athe aworker abefo
re athe aworker aembarks aon athe arequired awork..82 a
Allah.s Messenger (.) has assured the rights of the worker and his wages he is g
oing to receive. Allah.s Messenger (.) is areported to have said, y
.I yam ythe yadversary yof ythree ypeople yon ythe yDay yof yRequital: yone ywho
ygave yin ymy yname yand ythen ywas ytreacherous, one who enslaved free man and
consumed y
80 Bukahri, Hadith No. 5702. a81 Musnad Ahmad, Hadith No. 8419. a82 Baihaqi and
Abdul Razzaq in al-Mosannaf. a
uman Rights in Islam and Common Misconceptions H

the price and a man who employs a worker but does not ypay him his rightful wage
s.y83 a
Allah.s Messenger (.) has instructed the employer to pay athe wages of his worke
r before his sweat dries out.84 a
y
.
.
.
.
.
.
.
.
.
.
.

.....

83 Bukahri, Hadith No. 2114. a84 Ibn Majah, Hadith No. 2468. a
uman Rights in Islam and Common Misconceptions H

8. Rights of the Employers y


Islam aequally arequires aworkers ato amaintain agood arelation awith atheir aem
ployer. aIslam arequires aworkers ato afulfil atheir aduties towards their emplo
yer to the best of their abilities and atalent. Workers must not neglect or harm
their employer or his awork in any way. Allah.s Messenger (.) is reported to ha
ve asaid, y
.Allah likes a worker to be perfect in his work.y 85 y
In order to encourage the sincerity in the work and protect ahis dignity, Islam
made the earning of a laborer the best of all aearnings if he were sincere in hi
s work. The Prophet (.) said: y
.The best earning is what is earned against the labor of ythe hand with sincerit
y. a
y
y
y
y
y
y
y
y
.
.....

85 Abu Ya.la and Baihaqi.


uman Rights in Islam and Common Misconceptions H

9. Rights of Animals y
All pet animals kept must be well fed, decently cared for and akindly treated. A
llah.s Messenger (.) is reported to have said, y
.A woman was made to enter the Hell-fire because of a ycat which she locked unti
l it died. The woman did not yfeed the cat, nor did she offer it water to drink.
nor did yshe ypermit yit yto yroam yto yeat yfrom ythe yinsects yof ythe yearth.
y86 a
Hauling animals must not be over-loded in such a manner athat they cannot bear t
he lod. Animals must not be tortured, ahurt aor abeaten afor any areason. aAllah
.s aMessenger a(.) ais areported to have said, y
.Allah curses a person who burns an animal for marking yand tattooingy 87 a
Islam prohibits people to set an animal as a live target. It is areported that I
bn Omar (.) passed by a group of the Quraish ayoung-men who set a bird as an aim
ing target. Ibn Omar (.) a
sked about the person who did so. Then commented, .May aAllah curse the person w
ho set this bird as an aiming target.. aIn athat, aIbn aOmar a(.) areferred ato
athe aHadith Hof aAllah.s aMessenger (.), y
.May Allah curse a person who sets a living being as an yaiming target.y88 a
Islam condemns people who mutilate animals after killing athem..89 a
86 Bukahri, Hadith No. 5702 and Muslim, Hadith No. 1661. a87 Bukhari, Hadith No.
2236 and Muslim, Hadith No. 2110. a88 Bukahri, Hadith No. 5196 and Muslim, Hadi
th No. 1958 a89 Bukahri, Hadith No. 5196. a
uman Rights in Islam and Common Misconceptions H

Islam also forbids abusing or harming animals as mentioned ain the Hadith report
ed by Ibn Masoud (.): .We were traveling ain the company of Allah.s Messenger (.
). He (.) went away to a
nswer the call of nature. While he was away, we saw a female abird along with it
s two little babies. We took the little birds so athe amother abird astarted aho
vering aover aus. aWhen aAllah.s aMessenger (.) returned back, he noticed what w
e had done. aHe (.) asked, a
.Who has agitated this (bird) by taking its babies, return yits babies to it!y A
nd he saw a colon of ants we had yburnt so he said: .Who burnt this? We said: We
did. He ysaid: .Verily nobody should torment with the fire except ythe Lord of
the Firey.90 a
Islam, afurthermore, acommands amercy awhile aslaughtering a
nimals for eating. It is not allowed to sharpen the knife in afront aof the anim
al to be slaughtered aor in presence of the aother animals. Nor is it permitted
to kill them by breaking atheir necks, striking them, electrocuting etc. or star
t skinning athem before they are completely dead. The Prophet (.) said: y
.Verily Allah ordains that you be kind to everything. So yif you kill, kill in a
good manner, and if you slaughter, yslaughter in a good manner. So sharpen your
knife to ymake the slaughtering process easy and fast.y91 a
At the same time Islam commands to kill dangerous and ahrmful animals and/or ins
ects in aorder to protect humans afrom the harm of the animals because man.s lif
e is sacred in athe aSight aof aAllah a(.) as aAllah ahas amade ahim athe amost
ahonorable acreature aon athe aearth. aTherefore, aif athe animals. a
90 AbuDaoud, Hadith No. 5268. a91 Muslim, Hadith No. 1955. a
uman Rights in Islam and Common Misconceptions H

rights are important in the Sight of Allah (.), the rights of the ahuman beings
are more so! The Almighty Allah states in the aGlorious Qur’an: a
.We yhave yhonored ythe ysons yof yAdam; yprovided ythem ywith ytransport yon yl
and yand ysea; ygiven ythem yfor ysustenance things good and pure; and conferred
on them yspecial favors, above a great part of Our Creation.. (17:70) a
Not only this kind and just treatment is ordered to protect athe animals from an
y cruelty but it also expiates the sins of a aMuslim and becomes a reason for hi
m being admitted into the aJannah (Heavenly Gardens). Allah.s Messenger (.) is r
eported ato have said: y
.While ya yman ywas yon yhis yway, yhe ysuffered yfrom ya ytremendous ythirst. y
So he found a well and descended ydown the well, drank his fill and came back up
. At the ytop of the well he saw a dog panting and licking the dirt yout of seve
re thirst. The man thought to himself, .this ydog must be suffering from the sam
e thirst I suffered yfrom. So he descended down the well again, filled his yshoe
ywith ywater yand holding the shoe with his mouth yclimbed back up and had the
dog drink the water. Allah, ythe Exalted, praised him and accepted his deed (for
this act yof ymercy) yand yforgave yhim yhis ysins.y yThey asked: aO aMessenger
of Allah! Are we rewarded for what we do for a
nimals?. He (.) replied: .Yes, indeed. In every living soul ythere is reward.y92
a
10. Rights of Plants & Trees y
Islam apermits ato abenefit afrom athe afruits aof athe atrees abut aforbids acu
tting athem aor abreaking atheir abranches awithout a a
92 Bukahri, Hadith No. 5663. a
uman Rights in Islam and Common Misconceptions H

genuine reason. On the contrary, Islam commands to preserve atrees and encourage
s any reproduction process aor activities awhich help in growing more trees. All
ah.s Messenger (.) said, y
.If the Hour [of the Last Day] took place while one of y
ou is holding a palm-tree seedling [to plant in the dirt], ythen if he can plant
it before standing up, he should do yit.y93 a
Islam considers planting of useful plants and beneficial trees as charity for wh
ich a Muslim is rewarded. Allah.s Messenger a(.) said: a
.Never a Muslim plants something or cultivates it, of ywhich birds, human beings
or animals eat, but a reward yis given to him for this charity.y94 a
y
y
y
y
y
y
y
.....

93 Musnad Ahmad, Hadith No. 12901. a94 Muslim, Hadith No. 2195. a
uman Rights in Islam and Common Misconceptions H

11. Miscellaneous Rights y


Islam aregulates acertain arights afor arodside and apublic apassages. Allah.s M
essenger (.) is reported to have said: a
.Avoid sitting on roadsides [or sidewalks].. a
The Companions who were present at the time commented, a
.O Messenger of Allah! Rodsides are outlets for us where we acan sit, enjoy and
talk.. Upon hearing this comment Allah.s aMessenger a(.) areplied, a.If you ycan
not yavoid ysitting yon ysidewalks ythen ygive ythe ysidewalks ytheir ydue yrigh
ts.. aThe aCompanions then inquired, .O Messenger of Allah! What are athe rights
aof the sidewalks?. Allah.s Messenger (.) replied, a
.Lowering your gaze [when a female crosses or passes by], yclearing the path fro
m harmful stuff, returning the salaam y[Islamic greetings], enjoining good and f
orbidding evil.y95 a
Allah.s aMessenger a(.) ais areported ato also ahave asaid, a
.Removing an harmful items of the road is a charitable act y[which is rewarded a
nd cherished by Allah.].y96 a
Besides athis, aAllah.s aMessenger a(.) ais areported ato ahave ainstructed, .Fe
ar the two acts that cause you to be cursed.. The aCompanions, awho awere aprese
nt at athe atime, ainquired: a.O aMessenger aof Allah! What are those accursed a
cts?. Allah.s aMessenger (.) replied: y
.The person who answers the call of nature on the public ypassages or in the sha
des where people seek resty97 a
In general Islam makes it obligatory on the Muslims to be aconsiderate and carin
g with each other, no matter where they a
95 Bukhari, Hadith No. 2121 and Muslim Hadith No. 2333. a96 Bukhari, Hadith No.
2827. a97 Muslim, Hadith No. 269. a
uman Rights in Islam and Common Misconceptions H

re. The Prophet (.) said: a


.The similitude of the believers in their mutual care, love yand kindness to one
another is like one human body: if yone organ aches, this prompts the entire bo
dy to become yfeverish and to remain awake.y98 a
And he ordered Muslims to work towards the betterment of atheir brother Muslims:
y
.None of you is a believer until he loves for his Muslim ybrother what he loves
for himself.a99 a
For the times of need, the Prophet (.) said: y
The believers one to another are like a firm structure, ysupporting yone yanothe
r.y aHe athen aintertwined ahis afingers.100 a
Muslims are prohibited to abandon each other, as the Prophet a(.) said: y
.Anone who does not support another Muslim when yhis sacred rights are attacked
and his honor is demeaned; yAllah will forsake him at a time when he needs His h
elp. yNo one helps a Muslim when his honor is demeaned and yhis sacred rights ar
e attacked except that Allah will help yhim when he would need His helpy.101 a
However, if these rules aor rights awere not enforced, they awould have remained
ideals and dreams only in the minds of apeople. If there is no authority to enf
orce, they will remain aonly utopian ideals. It is reported that Allah.s Messeng
er (.) a
98 Bukhari, Hadith No. 5665. a99 Bukhari, Hadith No. 13. a100 Bukhari, Hadith No
. 5680. a101 Abu Da.ood, Hadith No. 4884. a
uman Rights in Islam and Common Misconceptions H

said, y
"You should stop an ignorant person from doing evil. yYou should force such an i
gnorant person to enjoin good, yor yelse, yAllah y(.) yshall ysoon yexpedite ya
yspeedy ypunishment against you." y
The aAlmighty aAllah atherefore, ain aorder ato apreserve and amaintain asuch ah
uman arights ain athe aIslamic asociety, ahas arevealed unto His Messenger perti
nent commandments. Allah a(.) acommands anot ato aexceed athese alimits and aset
s apunishments and alaws, awhich are aknown as audood a(prescribed punishments)
or capital punishments. He may also aimpose a specific punishment in the Hereaft
er. a
We awill alist abelow aonly a afew aof athe acommandments aof aDo.sy ynd aDon’ts
y that Islam has ordained: a
Islam abans akilling aor amurdering any ahuman abeing. aIslam acategorizes such
an act as one of the major sins. This is based aon the verse in the Glorious Qur
’an: y
.Nor take life, -which Allah has made sacred-, except for yjust cause. And, if a
none is slain wrongfully, We have ygiven his heir authority (to demand Qisas or
to forgive): ybut let him not exceed bounds in the matter of taking ylife; for h
e is helped (by the law).. (17:33) a
a
Islam prohibits any acts of aggression against the honor, the adignity and athe
aprivacy aof apeople. aIn afact, asuch acts aof aggression are known as major si
ns in Islam. The Almighty aAllah states in the Glorious Qur’an: y
.Come, I will rehearse what Allah has prohibited you yfrom.: join not anthing as
equal with Him; be good to your parents; kill not your children on a plea of wa
nt -We y
uman Rights in Islam and Common Misconceptions H

provide sustenance for you and for them- come not near yto shameful sins, whethe
r open or secret; take not life, ywhich Allah has made sacred, except by way of
justice yand law: thus does He command you, that you may learn ywisdom.. (6:151)
a
Islam, further, bans all types of actions that are categorized a
s shameful acts, or a means to promote indecency in a society. aTherefore, all a
cts that lead to indecent acts are also banned in aIslam. Allah, the Exalted, st
ates in the Glorious Qur’an: y
.And come not near to unlawful sex. Verily it is a great ysin, and an evil way (
that leads one to Hell unless Allah yforgives him).. (17:32) a
Allah (.) prohibits all types of aggression against the wealth a
nd aproperties aof aothers. aTherefore, all aforms aof atheft and acheating etc.
are banned in Islam. This is based on the Hadith of aAllah.s Messenger (.): y
.Whosoever cheats us is not one of us.y102 a
Usury and all monetary interest is banned in Islam for the ainjustice ait asprea
ds ain athe aeconomic asystem aharming all, aespecially the poor. Allah, the Exa
lted, states in the Glorious aQur’an: y
.That is because they say: "Trade is like usury," but Allah yhas permitted trade
and forbidden usury.. (2:275) a
Allah (.) forbids all kinds of deception and betrayals. Allah a(.) states in the
Glorious Qur’an: y
.O you who believe! Betray not the trust of Allah and the yMessenger, ynor ymisa
ppropriate yknowingly ythings yentrusted to you.. (7:27) a
102 Muslim, Hadith No. 164. a
uman Rights in Islam and Common Misconceptions H

Islam forbids monopoly. Allah.s Messenger (.) said: a


.No one monopolizes except a wrongdoer.y103 a
Islam bans all types of bribery and kickbacks. As the Hadith Hof Allah.s Messeng
er (.) tells us: y
.May Allah (.) curse those who pay out bribes and the yones who receive it.y 104
a
Similar prohibitions are imposed on the devious and illegal ameans through which
money is taken. Allah (.) states in the aGlorious Qur’an: a
.And ydo ynot yeat yup yone yanother.s yproperty yamong y
ourselves for vanities, nor use it as a bait for the judges, ywith yintent ythat
you ymay yeat yup ywrongfully yand yknowingly a little of (other) people’s prop
erty.. (2:188) a
Islam condemns the abuse of power, position and authority ato obtain personal ga
ins. In fact, Islam empowers the ruler to areclaim all assets taken through abus
ive means and deposit athem to the Islamic treasury. Allah.s Messenger (.) appoi
nted a
man called Ibn-ul-Lutbiyyah, as a Zakah collector. When the acollector brought
the Zakah amount, he said: This is for you a(the Islamic Treasury) and this has
been given to me as gifts. aAllah.s Messenger (.) became very upset upon hearing
this afrom the collector. Allah.s Messenger (.) said: y
.Were he sitting in his father.s or mother.s house, would yhe have received an o
f these gifts? By Him in Whose yhands is my soul, nobody would take anthing from
this yexcept that he would be carrying it on his neck on the yDay of Resurrecti
on, even if it is a camel. Then he raised a
103 This Hadith is reported by Muslim. a104 This Hadith is reported by Ibn Hibba
n. a
uman Rights in Islam and Common Misconceptions H

his hands until we saw the whiteness of his armpits and asaid: .O Allah! Bear wi
tness that I have conveyed the yMessage three timesy.105 a
Islam prohibits all forms of intoxicants that affect the minds aor brains of use
rs. It is commanded in the Glorious Qur’an: y
.O you ywho ybelieve! yIntoxicants yand ygambling, y(dedication to) stones, and
(divination by) arrows, are an yabomination yof ySatan’s yhandiwork: yeschew ysu
ch y(abomination), so that you may prosper.. (5:90) a
All types of injuries to a person or animal such as beating a
nd aother avices asuch as abackbiting, atattle-telling, afalse atestimony, etc.
are also prohibited. The verse in the Glorious aQur’an warns: y
.O you who believe! Avoid much suspicion, indeed some ysuspicions are sins, and
spy not, nor backbite one another. yWould an of you like to eat the flesh of his
dead brother? yNay, you would abhor it. And fear Allah, for Allah is Oft-yRetur
ning, Most-Merciful.. (49:12) a
It aupholds athe adignity and ahonor aof aothers and aforbids aslandering them.
The Almighty Allah states in the Glorious aQur’an: a
.And ythose ywho yannoy ybelieving ymen yand ywomen yundeservedly, ybear y(on yt
hemselves) ya ycalumn yand ya yglaring sin.. (33:58) a
In Islam great importance is given to the privacy of a person and any type of in
trusion is prohibited. Allah (.) states in the aGlorious Qur’an: y
105 Bukahri, Hadith No. 6772 and Muslim, Hadith No. 1832. a
uman Rights in Islam and Common Misconceptions H

.If you find none in the house, enter not until permission yis given to you: if
you are asked to go back, go back: that ymakes for greater purity for yourselves
: and Allah knows yall that you do.. (24:27) a
Justice is one of the basics of the Religion of Islam. It is not allowed ato abe
aunjust awith anyone, aeven ato aone’s aown aself. aAllah (.) commands in the G
lorious Qur’an: y
.Allah ycommands yjustice, ythe ydoing yof ygood yand yliberality to kith and ki
n, and He forbids all shameful ydeeds and injustice and rebellion, He admonishes
you ythat you may take heed. So fulfill the Covenant of Allah ywhen you have en
tered it, and break not your oaths after y
ou have confirmed them, indeed, you have made Allah your surety; for Allah knows
all that you do.. (16:90-91) aIn addition, in a Hadith Qudsi (Divine revelation
other than athe Qur..n), Allah (.) says, y
.O My slaves! I have banned injustice for Myself. I have ydeclared yinjustice yu
nlawful yamong you. yTherefore, ydo ynot do an act of injustice to one another.y
106 a
In fact, Allah (.) disapproves injustice done even to those awho differ with Mus
lims in faith and religion. Allah (.) has ademanded aMuslims ato abe akind and a
fair ato anon-Muslim aresidents in an Islamic State. Allah (.) states in the Glo
rious aQur’an: a
.Allah forbids you not with regard to those who fight y
ou not for (your) Faith nor drive you out of your homes, yfrom dealing kindly an
d justly with them: Verily Allah yloves those who are just.. (60:8) a
106 Muslim, Hadith No. 2577. a
uman Rights in Islam and Common Misconceptions H

Islam aforbids abusing athe abeliefs aof anon-Muslims, as athis aprovokes athe a
other aparty ato aexchange areciprocal abuse. aConsequently, this will produce a
nimosity, hatred and dislike abetween them. The Glorious Qur’an advises: y
.Revile ynot you ythose ywhom ythey ycall yupon ybesides yAllah, ylest ythey yre
vile yAllah yout yof yspite yin ytheir yignorance.. (6:108) a
Instead, Allah (.) instructed Muslims to use a fair and well-amatured dialogue w
ith such people: Allah (.) says: a
.Say: .O People of the Book! Come to common terms ybetween us and you: that we w
orship none but Allah; ythat we associate no partners with Him; that we erect no
t, yfrom yamong yourselves, yLords yand ypatrons yother ythan yAllah. If then th
ey turn back, say you: .Bear witness that ywe are Muslims (submitting to Allah’s
Will).. (3:64) a
Islam, further, bans all type aof social, political and moral acorruption and am
ischief. aIt ais acommanded ain athe aGlorious aQur’an: y
.Do no mischief on the earth, after it has been set in yorder, but call on Him w
ith fear and longing (in your yhearts): for the Mercy of Allah is near to those
who do ygood.. (7:56) a
Islam forbids the conversion aof non-Muslims to Islam by aforce. Allah (.) state
s in the Glorious Qur’an: y
.If it had been your Lord’s Will, they would all have ybelieved, yall ywho yare
yon yearth! yWill you ythen ycompel ymankind against their will to believe!. (10
:99) a
This does not mean that Muslims should not call others to ajoin the Islamic mono
theistic faith by delivering the Message a
uman Rights in Islam and Common Misconceptions H

of Allah to people but indicates that Muslims should call to aIslam ain a awise,
akind and acomely amanner. aIslam ahas an ainternational mission and it is neit
her a regional nor ethnical acall. But the guidance is in the Hands of Allah (.)
alone and anot in the hands of people. a
Islam acommands apeople ato arun atheir agovernments awith aconsultation. aThe a
principle aof aconsultation ais aoperative ain asituations where there are no cl
ear scriptures from the Qur’an a
nd Sunnah. Allah (.) states in the Glorious Qur’an: y
....their affairs are conducted by mutual consultation.. a
(42:38) a
Islam acommands athat all arelative arights abe agiven ato atheir adeserving ape
ople. aIslam also acalls afor afull ajustice among apeople. The Almighty Allah s
tates in the Glorious Qur’an: y
.Allah does command you to render back your Trusts to ythose yto ywhom ythey yar
e ydue; yand ywhen you yjudge ybetween yman yand yman, ythat you yjudge ywith yj
ustice: yverily how excellent is the teaching which He gives you! yFor Allah is
He Who hears and sees all things.. (4:58) a
Islam commands people to assist an oppressed person even awith the use of force
awhen necessary. This is based on the averse ain athe aGlorious aQur’an, athe am
eaning aof awhich ais atranslated as: y
.And why should you not fight in the cause of Allah and yof ythose ywho, ybeing
yweak, yare yill-treated y(and yoppressed)? yMen, ywomen, yand ychildren, ywhose
ycry yis: yOur Lord! Rescue us from this town, whose people are yoppressors; ya
nd yraise yfor yus yfrom yYou yone ywho ywill yprotect; and raise for us from Yo
u one who will help!. a
uman Rights in Islam and Common Misconceptions

(4:75) a
Islam establishes an executive system or authority for the acommon agood. aIn al
ight aof athe afact athat athere are acertain acategories of people, as pointed
out earlier, who will never be agood awithout applying aforce against atheir acr
iminal a
ctivities.this system works to assure that all individuals are aenjoying their r
elative rights. It also aworks to monitor and agovern the execution of such righ
ts, to prevent any aggression, a
nd to apply appropriate punishment against violators of the alaws. aThe afollowi
ng ais a asummary aof asome aof athe avarious aIslamic asystems athat are athe a
components aof athe aoverall aexecutive system: a
y
y
y
y
.....
uman Rights in Islam and Common Misconceptions H

The Judicial System in Islam y


a
The judiciary is an independent administrative system in the aIslamic government
oriented to resolve all types of legal disputes a
mong various claimants. The system is structured to assure the aestablishment ao
f ajustice among apeople, astop aoppression, and apunish the oppressors. The Isl
amic system follows the directives aof Allah (.) and the Prophet (.) from the Qu
r..n and the Sunnah a(traditions). a
There are specific criteria for a judge applying for a position in athe Islamic
judicial system. The applicant must be a mature, asane, mentally capable, physic
ally fit and healthy in order to asurmount the difficulties and challenges of hi
s job. He must be awell aeducated and ainformed about athe aShari..h a(Islamic a
rulings and the principles of lawful and unlawful in Islam), as awell as be well
aware of mundane affairs so not to be deceived aor misinformed. He should have
the ability to give verdicts in aboth aworldly and religious spheres. He must be
honorable, adignified, honest and with high moral character. He should be a
aman aof aupright aconduct aso athat ahis ajudgments are awell a
ccepted by the parties in dispute. a
Islam aprescribes aspecific acode aof aconduct afor ajudges athat ashould be obs
erved. The following letter sent by the second aCaliph, Omar bin al-Khattab (.)
to one of the assigned judges aprovides the guidelines for all Muslim judges: a
.From the second Caliph, Omar bin al-Khattab, the slave of yAllah to Abdullah bi
n Qais, Assalamu Alaikum. Judgment yamong [disputing] people is a precise and ob
ligatory act that yshould be followed and executed properly. You should [try you
r ybest yto] yunderstand ythe ypeople ypresent ybefore you. yFurthermore, ynone
ywill ybenefit yfrom ya yright ythat yis ynot yexecuted. Give equal consideratio
n and seating arrangements y
uman Rights in Islam and Common Misconceptions H

to people in your court so as an influential person may not ythink to take advan
tage because of his status. Moreover, a yweak person will not lose hope of justi
ce in your court. The yplaintiff must present a proof of evidence. A defendant m
ust ytake yan yoath yif yhe yrejected yand ydenied ythe yclaim yof ythe yplainti
ff. yDisputing ypeople ymay ychoose yto ycompromise ybetween one another. Howeve
r, no compromise is acceptable yif it renders an unlawful item lawful or vice ve
rsa. If you pass ya judgment one day, but upon reviewing it on the next, you ydi
scover that you made a mistake and the right sentence is ynot what you passed as
a verdict, then [reopen the case] and ypass the right sentence. You should real
ize that returning to ythe yright ysentence yand yjudgment yis y[much] ybetter y
than yindulging ydeeper yin ythe yfalsehood. yTry yto yunderstand ythe yconfusin
g matters that have no text of scripture to support ythem either from the Qur’an
or the Sunnah (traditions of the yProphet .) and study the resembling rulings,
sentences and ycases, and after obtaining the proper knowledge assess your ycase
s. Then choose the most beloved judgment to Allah and yclosest to the truth in y
our eyes. Offer a chance to a plaintiff ywho claims a matter that is not current
ly present by setting a ydefinite time for him to prove it. If such a plaintiff
produces yhis proof of evidence, adjudicate the case in his favor. If not, ythen
yjudge yagainst yhis ycase. yAll yMuslims yare ytrustworthy yinsofar as the tes
timon is concerned except for a person who yhas ybeen ylashed yfor ycommitting y
an yshameful yact yin ythe yIslamic ysociety, yor ya yperson ywho yis yknown yfo
r yfalse ytestimonies, or a person who is either a relative or distantly yrelate
d to the plaintiff. Allah (.) takes care of all hidden ysecrets yof ypeople yand
yhelps you y[to yjudge] yby yproviding yproofs yof yevidence. yFurthermore, you
ymust ynot yworry, ybecome intolerant, or complain about disputing people in th
e yrightful matters where Allah rewards you for being patient y
uman Rights in Islam and Common Misconceptions H

and is pleased with the results. If a person has a good and ypure soul with Alla
h (.), Allah will [surely] improve the yrelations of that man with the public.y1
07 a
Every individual in the Islamic society, regardless of his faith aor areligious
affiliation, aposition aor asocial astatus, ahas acertain aimmutable rights, whi
ch include the following: a
* aThe aright ato aseek ajudgment against aoppressors. aAn aindividual may sue h
is oppressor in the judicial court. a
* The right to have an equal hearing before the judge. This is abased on the Had
ith of Allah.s Messenger (.), y
.Whosoever yis ytested yby ybecoming ya yjudge yamong yMuslims ymust ybe yjust y
in ystatements, ygestures, yand yseating arrangements.y108 a
Another aproof aof athis aprinciple ais athe aHadith aof aAllah.s aMessenger (.)
, instructing Ali (.) when he commissioned him as a judge, saying: y
.Surely, Allah (.) shall guide your heart and fasten your ytongue y[to ythe ytru
th]. yWhen ythe yplaintiff yand ythe ydefendant sit before you, do not issue a v
erdict for one yuntil you hear the statement of the other as you heard the yfirs
t.y 109 y
* The right to be considered innocent unless proven guilty. aThe Messenger of Al
lah (.) said: a
.If people are given [judgments] based on their claims, you will see people clai
ming for the blood of others and y
107 Tirmithee, Hadith No. 3472. a108 This Hadith is reported by Darqatni and Bai
haqi a109 Abu Dawoud, Hadith No. 3582. a
uman Rights in Islam and Common Misconceptions H

their ywealth. yHowever, ythe ydefendant ymust yoffer yan yoath.y 110 a
And in Baihaqi.s version of the tradition, it ends: a
.The evidence must be produced by the plaintiff and an yoath must be offered by
the defendant.. y
* The right that mere suspicion does not deprive the suspect afrom his due proce
ss of law and specific rights. For instance, a asuspect must not be tortured by
any means, nor subjected to aviolence, cruelty or hardship in order to force him
to give any aconfession. Allah.s Messenger (.) forbade this, by extension, awhe
n he said: a
.Allah y(.) yabsolves ymy yUmmah y[nation] yfrom ythe yfollowing: yerror, yforge
tfulness yand ywhatever ythey yare yforced to do.y111 a
The asecond acaliph, aOmar abin al-Khattab a(.) astated, a.A yperson would not b
e responsible for his confession, if you yinflicted pain to him or scared him or
imprisoned him [to yobtain the confession].y112 a
* The right that only the guilty will be punished for what is awithin their pers
onal responsibility. This means that no one is ato abe aheld aresponsible afor a
the afaults aof aothers. aAccusation, asuspicion, and apunishment amust abe acon
fined ato athe aguilty aperson and not extended to his family members. Allah, th
e aJust, says in the Glorious Qur’an: y
110 Bukahri, Hadith No. 1711 and Muslim, Hadith No. 4277. a111 Ibn Majah, Hadith
No. 2053. a112 This statement is reported by Abu Yusuf in his book al-Kharaj a
uman Rights in Islam and Common Misconceptions H

.Whoever does righteous deed, benefits his own self and ywhoever does evil, it i
s against his own self and Your yLord is never unjust to His Slaves.. (41:46) a
Allah.s Messenger (.) said: a
.No one should be taken [guilty] for the wrong doing of yhis brother or father.y
113 a
.....

113 Nisa‘i, 8:53.


uman Rights in Islam and Common Misconceptions H

(Hisbah) Accountability System in Islam y


y
isbah ais athe avoluntary accountability asystem ain aIslam awhereby a Muslim en
joins good and forbids evil to enforce the alaws of Shari..h and to discipline t
hose who publicly commit asins, do shameful acts and practice immoral activities
, such as aselling, apromoting, and atrading awith aillegal aitems, amonopolizat
ion aof abasic aneeds aof athe apeople, acheating and amany other illegal activi
ties. This is done to implement the acommand of Allah in the Glorious Qur..n: y
.You yare ythe ybest yof yPeoples, yevolved yfor ymankind, yenjoining what is ri
ght, forbidding what is wrong, and ybelieving in Allah.. (3:110) a
According ato athis asystem ainvestigators and ainspectors amonitor voluntarily
the public law and order situation and the amaintenance aof apublic afacilities
ato aprotect athe aindividuals a
gainst physical injuries in public places. a
A Muslim should fear accountability and the punishment of aAllah (.) as many exa
mples of those who proceeded before us are mentioned in the Glorious Qur’an: y
.Curses were pronounced by the tongue of David and of yJesus, the son of Mary, o
n those among the Children of yIsrael ywho yrejected yFaith ybecause ythey ydiso
beyed yand ypersisted in Excesses. They did not forbid one another yfrom the ini
quity: evil indeed were the deeds which they ydid.. (5:78-79) a
In the light of the hadith of the Messenger of Allah (.) every aindividual in th
e Islamic society is required to take an active arole ain athe aduty aof aisbah
according ato ahis abilities. aThe aMessenger of Allah (.) said: y
uman Rights in Islam and Common Misconceptions H

.Whosoever from among you sees an evil act, must change y[stop] it with his hand
. If he cannot, he should stop it with yhis tongue.if he cannot then he should a
bhor it in his yheart, and that is the weakest [level] of faith.y114 a
Correcting any acriminal act aor avice ais anot allowed aif athis acauses amore
aharm athan agood and amounts ato amaking athe asituation aworse. aOne amust aus
e awisdom and adiscretion ain aenjoining good and forbidding evil. a
The aMessenger aof aAllah aMuhammad a(.) articulates athe ahuman rights in a sin
gle eloquent sentence: y
.Truly, your yblood, your ywealth yand your yhonor yare ysacred to one another l
ike this sacred Day, in this sacred yMonth and in this sacred town.y 115 a
Most aof athe ahuman arights amentioned ain adeclarations afall aunder athe abov
e astatement, awhich awas adelivered ain athe aFarewell Pilgrimage speech of the
Messenger of Allah (.) to athe largest gathering of Muslims at that time. The l
aws and aregulations of Islam were legislated to preserve and defend the arights
and deal sternly with violators. a
.
.
.

.....

114 Muslim, Hadith No. 78.


115 Bukhari, Hadith No. 105.
uman Rights in Islam and Common Misconceptions H

Islamic Declaration on Human Rights 116 y


The afollowing ais a aDeclaration aissued ain aCairo about athe aHuman Rights in
Islam. It is worth pointing out that the rights alisted in this Declaration are
only guidelines and general rules, asince aobligations and arights, according a
to aIslam, are ainterconnected awith aone another as arings athat asupport aone
a
nother. The general principles and the rules aof the human arights in Islam are
divided into different categories and further ainto sub-categories. Therefore, w
e will only summarize since adelineating the details would require a lengthy dis
course. It is asafe to say though that .Islam came to preserve all the human ari
ghts and to make the human beings happier in this life as well a
s in the Hereafter.. a
y
I begin with the Name of Allah, the Beneficent, Most Merciful u
Allah (.) states in the Glorious Qur’an: y
.O Mankind! We created you from a male and a female, yand ymade you yinto ynatio
ns yand ytribes, ythat you ymay yknow each other. Verily the most honorable in t
he Sight yof Allah is (he who is) the most righteous of you. And yAllah has full
Knowledge and is well-acquainted (with yall things).. (49:13) a
The member countries of the Islamic Congress Organization, ahaving full faith in
Allah (.) the Creator of all beings, the aGrantor of all Bounties, He Who creat
ed man in the best form a
nd shape and honored him by making man His Vicegerent on aearth. Allah has entru
sted man to build, reform and maintain athe land He created. Allah (.) entrusted
man to abide by the a
116 Dr. Muhammad al-Zuhaili, The Human Rights in Islam, p. 400. a
uman Rights in Islam and Common Misconceptions H

Divine teachings and obligations and employed everything in athe heaven and on t
he earth for the service of man. a
Believing ain athe aMessage aof aMuhammad a(.) who awas acommissioned awith athe
aGuidance and athe aTrue areligion as aMercy ato amankind.. aliberator afor all
aenslaved apeople, a adestroyer aof all atyrants and arrogant apeople. aAllah.s
aMessenger a(.) adeclared areal aequality among all atypes aof apeople. aThere
ais ano apreference afor a aperson aover another aperson except with piety. Alla
h.s Messenger (.) abolished all adifferences between people whom the Almighty Al
lah created afrom a single soul. a
Based on the pure monotheistic faith on which Islam is built, awhere all amankin
d ais acalled and ainvited ato aworship anone abesides Allah (.) not to associat
e anything else with Allah.s aworship, and anot ato aset arivals aother athan aA
llah ato abe aworshiped. That monotheistic belief is the one that built the area
l afoundations aof apeople.s afreedom, adignity and aintegrity a
nd declared the freedom of man from the slavery of another aman. a
Based on what the eternal Islamic Shari..h brought forth for aman in terms of th
e preservation of the faith, religion, soul, amind, ahonor and athe aprogeny. aA
lso, abased aon athe acomprehensiveness and moderation of the Islamic Shari..h i
n a
ll arulings, averdicts and asentences, awhere athe asoul and athe amaterial matt
er are miraculously harmonized and the heart a[emotions] and the mind [intellige
nce] are both respected and ahonored. a
In order to emphasize the important cultural and historical aroles that the Isla
mic Ummah, (nation) has played throughout athe history of man on earth, as Allah
(.) made this Ummah athe abest aof anations, aHe acaused athe ahumanity ato ain
herit a a
uman Rights in Islam and Common Misconceptions H

balanced, stable and international civilization and culture that ajoins this awo
rld and the next. The heritage aof this Ummah aconnects science with faith. It i
s hoped that this Ummah will aplay an important role guiding the deviated humani
ty. The alatter is lost in terms aof competing in currents and trends. aIslam ao
ffers asolutions afor athe aproblems aof athe amaterialistic adeviated civilizat
ion. a
In recognition to the human efforts related to the human arights athat aprotect
aman against amistreatment, aviolation and a
buse, and with aim to emphasize man.s freedom and his right ato a better and des
cent life and living conditions, these should a
gree with the Islamic Shari..h. a
We have illustrated that, in spite of the great advancement athat the humanity h
as attained in the materialistic realm, it is astill, and will continue to be, i
n a great need for a spiritual asupport that is based on faith in order to suppo
rt these great a
chievements in terms of advanced civilization. This is needed ain order to truly
protect the human rights in this society. a
We abelieve, according ato aIslam, athat athe abasic arights and apublic freedom
s are an integral part of the Islamic belief and areligion. None has the right,
initially, to stop them fully aor apartially. aWe also abelieve athat anone ahas
athe aright aeither ato aviolate athese arights aor aignore athem. aThese abasi
c arights are adivine and heavenly having been revealed to the Prophets of aAlla
h in all Scriptures. In fact, Allah (.) commissioned the last aof His Prophets t
o mankind, Muhammad (.) who completed athe missions and the Message of all previ
ous Prophets and aMessengers, awith athese aessential arights as awell. aObservi
ng athese essential rights is a type aof aworship awhile neglecting asuch aright
s aor ainfringing athem ais an aevil act, according ato aIslam. Every individual
is responsible, individually, to adhere a
uman Rights in Islam and Common Misconceptions H

to athese arights. aThe aUmmah a(nation) acollectively ais also aresponsible for
these rights. a
Based aon the above, the member countries aof the Islamic aCongress Organization
declare the following: a
.Article One a
The entire humanity is like one big family. They are united aunder the banner of
all being slaves to Allah (.) and they are athe children of Adam (.) the Prophe
t. All people are equal in aterms of human dignity and honor. All people are als
o equal ain aterms aof aresponsibility. aNo arace, acolor, alanguage, asex, arel
igious belief, political belonging, social status or any other aserves as a fact
or that differentiates them. The true and sound abelief ais athe aonly assurance
and aguarantees ato aensure athe agrowth of this human integrity for the human
integration. a
The best humans are the best to all. There is no preference afor aone aover the
aother except for piety [righteousness] and agood deeds. a
y
.Article Two a
Life is a gift from Allah. It is assured for every human being. aAll members of
the society, and all states and countries must act to protect this right against
all types of aggression. No life a
shall be claimed without a due legal reason. aIt ais aunlawful ato ause ameans a
nd atools athat awipe aout athe ahuman race. aMaintaining and apreserving athe a
human alife ais a alegal aobligation. aMn.s physical safety is respected. None h
s the right to attack his safety. None also has the right to touch this safety a
without a legal reason. The state must assure this right. a
uman Rights in Islam and Common Misconceptions H

y
.Article Three a
While using force, or in event of armed fighting, it is illegal a[unlawful] to k
ill those who do not partake a role in the actual afighting. Elderly people, wom
en, children, wounded persons a
nd athe asick all ahave athe aright ato abe atreated. aThe acaptives a[prisoners
aof awar] ahave athe aright ato abe afed, asheltered and aclothed. It is illega
l to mutilate the bodies of the killed war avictims. Prisoners of war must be ex
changed. Families that are aseparated due to wars are entitled to reunite. a
It is forbidden to cut [or pull] trees, destroy the crops and adairy animals, an
d destroy buildings and other civil facilities afor the enemies by shelling or b
lowing them up, etc. a
y
.Article Four a
Every human being is entitled to his integrity, honor and areputation, during hi
s life and after his death. The State and asociety amust aprotect athe aremains
and athe aburial aplace a[cemeteries] of the deceased. a
y
.Article Five a
The family is the basic unit in the society. Marriage is the abasis for building
and forming a family. Men and women are aentitled to marriage. No restrictions
should be set to restrict athem from marriage based on race, color or nationalit
y. a
The society and the state must act to remove all barriers for amarriage. Further
, they should attempt to make it easy and aprotect and care for the family. a
.Article Six a
uman Rights in Islam and Common Misconceptions H

Woman is equal to man in terms of human integrity and ahonor. aShe ais aentitled
afor aequal arights and aduties. aShe ais aentitled for her own civil personali
ty, financial independence a
nd she has the right to maintain her name and surname. a
Man must take care of all financial needs of his family and amust provide all po
ssible care and protection. a
y
.Article Seven a
Every born child has the right upon his parents, society and athe state, aof cus
tody, upbringing, material care, educational acare and moral attention. The fetu
s and the mother must be a
lso provided a special care. a
Parents and guardians have the right to choose the type of up-abringing they lik
e [or prefer] for their children. However, the ainterest and athe afuture aof at
he achildren amust abe ataken ainto aconsideration ain athe alight aof amoral an
d aShari..h avalues and aprinciples. a
Parents ahave atheir aown arights atowards atheir achildren. aRelatives also aha
ve atheir aown arights among athemselves ain a
ccordance with the Shari..h laws and principles. a
y
.Article Eight a
Every individual has the right to practice his full rights in aterms aof all aco
mmitments. aIf athe aindividual ais ano alonger aqualified ato apractice ahis ar
ights, afully aor apartially, a aWali a[guardian] must be assigned instead. a
.Article Nine a
Seeking aeducation ais an aobligatory act. aOffering and aproviding education is
a duty that is incumbent on the society a
uman Rights in Islam and Common Misconceptions H

nd the state. The state must secure the means of education a


nd assure variety of educational media to serve the interest a
nd athe awelfare aof athe amembers aof athe asociety. aEducation ashould also en
able man to learn about Islam as a religion and away of life and how to utilize
the materialistic means for the abenefit and welfare of humanity. a
Every ahuman ais aentitled afor a aright afrom athe avarious aeducational organi
zations such as the family, the school, the auniversity, the media etc. They sha
ll offer the suitable worldly a
nd areligious aeducation and atraining ain an aintegrated and abalanced fashion
that strengthens his personality and his faith ain the Almighty Allah and his re
spect to rights and duties of aman. a
y
.Article Ten a
Man amust afollow and aobey aIslam a(submission ato aAllah) awhich is the natura
l innate religion (revealed to all messengers aof aAllah). aTherefore, ano aone
ahas a aright ato aforce aothers aor acompel him to do anything against his natu
re. Furthermore, ano aone hs the right to exploit aone’s poverty, aweakness aor
ailliteracy to change his religion or to become atheist. a
y
.Article Eleven a
Man ais aborn afree. aNone ahas athe aright ato aenslave ahim, ahumiliate, aconq
uer aor aexploit. aThere ashould abe ano aslavery aother athan athe aslavery ato
athe aAlmighty aAllah. aAll atypes aof acolonization and imperialism is fully b
anned. Colonization is the aworst type of slavery. Suffering people have the rig
ht to liberate athemselves afrom acolonization. aSuch apeople ahave athe aright
ato adetermine their own destiny. All other people must support the afair and ju
st cause of fighting against all types of colonization and a
uman Rights in Islam and Common Misconceptions H

occupation of all types. All people have the right to preserve their aindependen
t state and personality and have the control over all anatural resources. a
a
.Article Twelve a
Every human being has the right to move about freely by achoosing athe asuitable
aresidence afor ahimself awithin ahis aown acountry or state, or even outside h
is country. However, if a aman is unsafe [in his country] he has the right to se
ek asylum ato another acountry. aThe acountry awho ais aproviding asylum amust p
rotect such a person unless the reason of this asylum ainvolves a legal crime. a
a
.Article Thirteen a
The state and society must ensure work for every capable aperson. Every individu
al must enjoy the freedom to choose the amost suitable job that ensures his inte
rest, and the interest of athe asociety. aA aworker amust aenjoy ahis aright ain
asafety and asecurity, and all social welfare insurance and guarantees. A awork
er must not be assigned to do what he is unable to do. A aworker must not be for
ced against his will to do certain things. aA worker must not be exploited or ha
rmed. A worker, male or afemale, without any distinction, is entitled to fair wa
ges. No adelays should be made in the payment of wages. A worker amust aenjoy a[
annual] avacation, apromotions, aincentives and aother amonetary aitems ahe ais
aentitled ato aget. aA aworker ais ademanded to devote his time and effort with
perfection to his ajob. If a dispute between the worker and the employer arises,
athe state must intervene to resolve such dispute, remove the aoppression, do j
ustice, and force the disputing parties to take a
nd accept the just judgment without any bias. a
uman Rights in Islam and Common Misconceptions H

y
.Article Fourteen a
Each aindividual ahas athe aright afor an ahonest and alawful aincome. No monopo
lization of goods, cheating or any act of adeception, harming himself or others
and usury are allowed. aIn fact, all above items are legally forbidden. a
y
.Article Fifteen a
Each individual is entitled for lawful ownership. In addition, ato enjoy the rig
hts of ownership provided no harm is caused to aone.s own soul or others of the
society members or the society a
t large. [Private] Ownership is not to be removed except for apublic ainterest a
nd afor an ainstant and afair asubstitution. aNo awealth [or ownership] confisca
tion is done without a legal and alawful reason. a
y
.Article Sixteen a
Each individual is entitled to benefit from his actual material aproduction, lit
eral production, artistic production or technical aproduction. aAlso, aeach aind
ividual ais aentitled ato aprotect ahis aliterary aor afinancial ainterests ares
ulting afrom ahis aproduction, aprovided that this production does not contradic
t the laws of aShari..h. a
y
y
y
.Article Seventeen a
Each individual is entitled to live in a clean environment in aterms of pollutio
n and moral corruption. Such environment amust permit the individual to morally
build his character. Both athe society and the state must ensure and provide thi
s right to a
uman Rights in Islam and Common Misconceptions H

the individuals. a
The society and the state must provide every individual with a[suitable and nece
ssary] health care and social care by availing a
ll public facilities, within the available means. a
The astate amust aensure adecent aliving aconditions afor athe aindividuals and
atheir adependents. aThis aright aencompasses abording, adecent and aproper aclo
thing, aproper aeducation, amedical care and all other essential or basic needs.
a
y
.Article Eighteen a
Each individual is entitled to life and security in the society as relates to hi
s self, religion and faith, family honor, dignity and members and his financial
belonging. a
Each individual has the right to be independent awith his aown affairs ain aterm
s aof ahousing, afamily, afinance and acommunications. aNo aspying aor asurveill
ance amay abe amaintained against anyone. aNo adefaming ais allowed ato a
nyone. In addition, others must protect individuals against all aunlawful infere
nces. a
The privacy of houses and dwelling entry to private homes amust abe awith aconse
nt aof atheir aoccupants. aPrivate ahousing ashould not be demolished, confiscat
ed or their tenants evicted awithout any legal reason. a
a
.Article Nineteen a
All individuals -the ruler and the ruled- should enjoy equal alegal rights. a
All aindividuals ahave access ato aseek ajudicial ajudgment afor atheir suites.
a
uman Rights in Islam and Common Misconceptions H

Crime and punishment are based on Shari..h injunctions. a


Every accused is innocent until proven guilty. A fair trial is anecessary where
all assurances are given for full self-defense. a
y
.Article Twenty a
No one is to be arrested or his freedom be restricted, exiled or apunished witho
ut adequate legal action. Individuals must not abe subjected to physical or psyc
hological torment or any other ahumiliating treatment. No one may be subjected f
or medical aexperimentation without his consent, provided that it does not a
mount to the detriment of his health. Furthermore, it is not apermitted to empow
er executive authority to issue exceptional alaws. a
y
.Article Twenty-One a
It ais aforbidden ato atake any aperson as a ahostage afor any apurpose and in a
ny form. a
y
.Article Twenty-Two a
Each individual is entitled to express his opinion, if it does anot contradict S
hari..h laws and principles. a
Each individual is entitled to enjoin good and forbid evil in aconsonance to the
Shari..h laws and principles. a
Media and information are vital for the society. Media must anot be exploited, o
r abused or used attack the dignity of the aProphets aof Allah aor to practice a
ny immoral or corruptive athings. In addition, all issues that cause disunity wi
thin the asociety, moral decay, danger or disbelief are also banned. a
It is not allowed to generate national hatred or sectarianism aor any other type
of discrimination. a
uman Rights in Islam and Common Misconceptions H

y
.Article Twenty-Three a
Guardianship is a trust that must not be betrayed. This is afully forbidden to e
nsure the basic human rights. a
Each aindividual ais aentitled ato aparticipate ain athe apublic a
dministration aof ahis acountry, aeither adirectly aor aindirectly. aSimilarly,
all individuals are entitled for public offices based aon Shari..h laws and regu
lations. a
y
.Article Twenty-Four a
All arights and afreedoms alisted ain athis aDeclaration are acomprehensible awi
thin the framework aof Shari..h laws and aprinciples. a
a
.Article Twenty-Five a
Shari..h alaws and aprinciples are athe aonly asource afor athe ainterpretation
or clarification for any article of this Declaration. a
a
Cairo, 14 Muharram, 1411 H. yCorresponding to: 5/8/1990 y
y
.....

Accepting and determining the above stated rights is the acorrect apath ato aere
ct a atrue aIslamic asociety athat amaybe adescribed as follows: 117 a
a
117 aThe afollowing are adapted afrom aThe aIslamic aInternational aDeclaration
for Human Rights. a
uman Rights in Islam and Common Misconceptions H

A society which is developed on the concept of justice.no aone is superior on th


e basis of origin, race, color or language. aMan amust abe asafe against asuppre
ssion, aoppression, ahumiliation and slavery. Allah, the Creator of all the crea
tion ahas honored man over all his creation: y
.We yhave yhonored ythe ysons yof yAdam; yprovided ythem ywith ytransport yon yl
and yand ysea; ygiven ythem yfor ysustenance things good and pure; and conferred
on them yspecial favors, above a great part of Our Creation.. (17:70) a
A society, the roots of which are in a strong family system, aThe family serves
as its nucleus and basis. It provides stability and progress. Allah says in the
Glorious Qur..n: y
.O ypeople, yverily ywe ycreated you yfrom ya ymale yand ya yfemale... a
A society where governor and the governed are equal before aShari..h (Islamic ju
risprudence). Since the Shari..h is divinely aordained, no discriminations are a
llowed in such a society. a
A society in which authority and power are a trust, which athe aruler assumes at
o attain agols awithin athe aframework aof aShari..h. a
A asociety ain awhich aevery aindividual abelieves athat athe aAlmighty Allah is
the true Owner of the entire creation and aeverything in His creation is employ
ed for the benefit of all the acreatures of Allah (.). All that we have is a gif
t and grant from aAllah awithout aone ahaving a abetter aright aover another. aT
he aAlmighty Allah states in the Glorious Qur’an: y
.And He has subjected to you all that is in the heavens yand yall ythat yis yin
ythe yearth; yit yis yall yas ya yfavor yand ykindness from Him.. (45:13) a
uman Rights in Islam and Common Misconceptions H

A society in which all policies governing public affairs are abased aon the prin
ciple aof consultation. The Almighty Allah astates in the Glorious Qur’an: a
.Those who listen to their Lord, and establish regular yprayer; ywho y(conduct)
ytheir yaffairs yby ymutual yconsultation; who spend out of what We bestow on th
em yfor sustenance.. (42:38) a
A society which grants equal opportunities to all individuals a
ccording to their skills and potentials. Such individuals will abe accountable b
efore their Ummah about their performance ain this world and before their Creato
r in the Hereafter. Allah.s aMessenger (.) said: y
.Each one of you is a shepherd and is responsible for ythose yunder yhis ycare.
yA yleader yis ya yshepherd, yand yis yresponsible for his citizens. A man is a
shepherd of his yfamily, and he is responsible for them. A woman is a yshepherd
in her husband’s home, and she is responsible yfor whatever is under her care. A
servant is a shepherd of yhis master’s wealth, and he is responsible for whatev
er is yunder his care. Each one of you is a shepherd and each yone yof you yis y
responsible yfor ywhatever yis yunder yhis ycare.y118 y
It is a society, in which, both the ruler and the ruled stand aequally in judici
al courts during the judicial procedures. a
It is a society where every person reflects the conscious of athe Ummah. Each in
dividual has a right to file a legal suit a
gainst any acriminal awho acommited a acrime against athe ageneral population. H
e may also solicit the support of others ain this process and it is an obligatio
n on all the witnesses of the a
118 Bukhari a
uman Rights in Islam and Common Misconceptions H

crime to help him and not to shy away during the proceedings afor justice. a
The acharacteristics aof ahuman arights ain aShari..h a(Islamic aJurisprudence)
are as under: a
. aHuman rights according to Islamic Shari..h are Divine. aThese ado anot astem
afrom aother ahumans awho are ainfluenced aby awhims, adesires, ainterests and a
personal a
mbitions. a
b. Human rights are correlated with the Islamic faith and abelief. aThey are apr
otected and apreserved aby aDivine ajudgment. Therefore, any violation on these
rights is, in athe afirst aplace, a aviolation against athe aDivine aWill aof aA
llah, and entails punishment in the Hereafter, as well a
s worldly punishment. a
c. aThese ahuman arights are acomprehensive and acommensurate to the nature of h
uman being. They agree awith the human innate and coincide with his weakness, ap
ower, poverty, richness, dignity and humiliation. a
d. These human rights are applicable to each person under athe Islamic jurisdict
ion, regardless of color, race, religion, alanguage or social status. a
e. aThese ahuman arights are aconstant. aThese are anot a
daptable at any time or place and under any condition a
or acircumstances. aNeither aindividuals anor asociety acan alter these human ri
ghts. a
f. aThese arights are asufficient ato aestablish a asociety athat agrants its in
dividuals a decent and honorable life. These arights are a mercy from the Almigh
ty Allah, the Lord of all worlds and they are for the entire humanity at large.
aHuman arights also aserve ato apreserve apolitical, asocial, a
uman Rights in Islam and Common Misconceptions H

moral and economic rights of humanity. a


g. Human rights, however, are restricted and not absolute. aThese rights are com
patible with the basic Shari..h laws and principles. They are not detrimental to
the interest of athe society and its welfare. For instance, the freedom of aopi
nion and speech is guaranteed for every individual. aAll individuals are entitle
d to speak out and speak up asaying the truth without hesitation. All have the r
ight to aprovide and offer a reasonable advice to others, so long as this advice
is in the public interest of others. Advice amay abe agiven ain athe aspheres a
of aworldly affairs aor areligious affairs alike. aThere are acertain arestricti
ons, ahowever, that must not be exceeded.otherwise it will abecome a chaotic sit
uation in the society. The following a
re some of these restrictions: a
.This freedom for an objective dialogue should be based on ywisdom and good advi
ce. The Almighty Allah states in ythe Glorious Qur’an: y
.Invite (all) to the way of thy Lord with wisdom and ybeautiful preaching; and a
rgue with them in ways ythat are best and most gracious: for your Lord knows ybe
st, ywho yhave ystrayed yfrom yHis yPath, yand ywho yreceive guidance.. (16:125)
a
. Adhere at all cost to the essential principles of Islamic faith asuch as the b
elief in the existence of Allah, the reality of the aMessage aof aAllah.s aMesse
nger a(.) and all aother arelated aissues. a
. Avoiding athe ause aof asuch afreedom ain any away athat ais aoffensive ato ao
thers.regardless awhether athe aoffense ais aworldly or religious, such as defam
ing people, scandalizing a
uman Rights in Islam and Common Misconceptions H

them and revealing their secrets. Such unlawful acts will aspread harm and evil
among people in the Islamic society aor any other society per se. The Almighty A
llah states in the aGlorious Qur’an: y
.Those who love (to see) scandal published/ broadcast yamong the believers, will
have a grievous penalty in this ylife and in the Hereafter: Allah knows, and yo
u know ynot.. (24:19) a
y
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.
.
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uman Rights in Islam and Common Misconceptions H

Misconceptions on Human Rights in Islam y


The following are some of the noteworthy misconceptions about the religion of Is
lam and human rights. One should note athat most of the accusations against Isla
m could be directed to athe Jewish, Christian and other religions as well, since
they ahave religious codes that are deemed unacceptable by modern asecular syst
ems aof life. Our defense here is aonly to Islamic aprinciples since Islam is ab
solved and free from the falsehoods and injustices perpetrated in the name of ot
her religions that ahave played the major role in the backlash leading to modern
asecularism. There has never been any conflict in Islam between areligion and r
ational science and development of civilization awithin the framework of faith i
n the Creator, His Messengers, a
nd His revealed Law. a
y
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uman Rights in Islam and Common Misconceptions H

First Misconception: y
Some claim that the Islamic Law is restrictive of essential yliberties and incom
patible to the advanced civilizations of ythe world with modern concepts of huma
n rights. y
y
Reply to the Misconception about Shari’ah (Islamic uLaw) u
Part aof athis awidely apropagated amisconception ahas abeen a
ddressed in the foreword. We note here that Muslims believe athat the Islamic La
w is a complete and comprehensive code of alife, fully adaptable and suitable in
its principles and laws for aevery age, alocation and apeople. aTrue aliberty a
is aliberty afrom asubservience to oppression whether it comes from one.s own as
elfish desires or of a ruling oligarchy or hierarchy. The worst asubservience is
to worship others besides the One Lord, Creator and Sustainer of man. Islam doe
s not accept the liberty of the alibertine who thinks he may do whatever he desi
res no matter awhat. Islam is not only a religion of the spiritual bond between
a
person and his Lord and Creator, but includes temporal and aworldly commandments
for Allah, the Wise for every sphere of alife, including the social, economic a
nd political. Islam organizes athe relationship between man and His Creator as w
ell as the arelationships between man and his society and other peoples a
nd anations. aUnlike aJudaism aIslam ais auniversal and ais anot alimited for a
specific race of people. Although Christians claim auniversality, athey apparent
ly ahave adigressed afrom athe apath awhich was revealed unto Jesus (.) who said
that, as they areport: a
.I am not sent but unto the lost sheep of the house of y
uman Rights in Islam and Common Misconceptions H

Israel.y119 a
Jesus a(.) also ais areported ato ahave asaid ato ahis atwelve adisciples, who w
ere selected to match the twelve Jewish tribes, a
.To these twelve, Jesus sent forth, and commanded them, ysaying, go not into the
way of the Gentiles, and into an ycity of the Samaritans enter not. But go rath
er to the lost ysheep of the house of Israel.y120 a
The Prophet of Islam (.) has been sent as a mercy for all amankind. Allah the Ex
alted states in the Glorious Qur’an: y
.We did not sent you but as a mercy for all creatures y[worlds].. (21:107) aThe
Islamic Shari..h has two aspects. One aspect of the law aincludes faith, belief,
various acts of worship and the laws that a
re aconstant, anever asubject ato any achanges aregardless aof adifferences aof
time aor place. aFor instance, Salah (obligatory aprayer) in Islam is a ritual t
hat has standard specifications: arecitations afrom athe aMajestic aQur..n, abow
ings and aprostrations, awhether ain aNigeria aor aArabia aor aIndonesia. aSimil
arly, aZakah a(obligatory acharity) ahas astandardized and aunalterable rates an
d amounts for various categories of wealth. aLaws of inheritance are set and no
one in the society has the aright to modify them for some advantage of his or ou
t of spite. aPunishments are set universally to forestall useless arguments and
acontroversies. aThese apermanent alaws areinforce athe aunderlying equality bet
ween all men since they are basically the asame awherever athey alive. aThe asec
ond aspect aof athe aIslamic aShari..h is that many laws, especially those that
regulate the arelationships of man with his fellow man and other peoples a
119 Matthew 15:24. a120 Matthew 10:5-6. a
uman Rights in Islam and Common Misconceptions H

nd nations, are stated in a general form wherein the details are left to be adap
ted according to the needs that arise in the aconstantly changing conditions of
the society. Such rules and aregulations amaybe amended, altered and adapted awi
thin a ageneral framework in view of the local needs. These changes or amodifica
tions, however, are to be supervised by specialists and ajurists who understand
well the principles of Islamic law and all adevelopments ain athe acurrent asoci
ety. aThe aprinciple aof aconsultation, a(Shura), afor ainstance ais aone aexamp
le. aThis aprinciple is mentioned in the Majestic Qur’an in a general form awith
out agiving adetail ato athe amechanics. aNo abinding ainformation was given in
the Qur’an that explains exactly how ato apply, execute and implement Shura in t
he Islamic society, although the Sunnah (Way) of the Prophet (.) does give some
aguidance. This trait of adaptability allows the Islamic scholars ato interpret
the details of Shura to serve the requirements of aevery age and place. What is
applicable for one generation or asociety acan abe amade applicable afor another
awith aminor a
lterations according to the need of the time. This flexibility aillustrates athe
avalidity, acomprehensiveness, and auniversal ascope of Islam. a
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uman Rights in Islam and Common Misconceptions H

Second Misconception: a
Some who do not know basic truths about Islam; whether, ypseudo scholars, Orient
alists or enemies of Islam, claim that yIslam does not respect the legal rights
of non-Muslims in the yIslamic State. y
u
Reply to the Misconception about Rights of non-uMuslims u
The Islamic Shari..h provides for set obligations and rights aof the non-Muslim
residents in the Islamic society. It may be asufficient in rebuttal of this misc
onception to quote the general aruling mentioned in the books of Islamic jurispr
udence: aThe anon-Muslims are entitled for that which Muslims are entitled. aThe
y are also aobligated ato ado athat awhich aMuslims are aobligated.. This is the
general rule and from it emanates the ajust and equitable laws giving the non-M
uslim residents in an aIslamic State their rights to security, private property,
religious aobservance, etc. a
Islam permits religious discussions and dialogues with non-aMuslims, acommanding
aMuslims ato adhere ato athe abest amethodology in any discussions and dialogue
s with the non-aMuslims. Allah the Exalted and Majestic states in the Glorious a
Qur’an: y
.And dispute you not with the People of the Book, except ywith means better (tha
n mere disputation), unless it be ywith ythose yof ythem ywho yinflict ywrong; y
but ysay, y.We ybelieve in the Revelation which has come down to us and yin that
which came down to you; our God and your God yis One; and it is to Him we bow (
as Muslims).. (29:46) a
uman Rights in Islam and Common Misconceptions H

Allah (.) addresses athose aof aother afaiths and areligions, asaying in the Qur
’an: y
.Say: y.Do you ysee ywhat yit yis ythat you yinvoke ybesides yAllah? Show me wha
t it is they have created on earth, or yhave ythey ya yshare yin ythe yheavens?
yBring yme ya yBook y(revealed) before this, or an remnant of knowledge (you yma
y have), if you are telling the truth!. (46:4) a
Sir Thomas Arnold a Christian intellectual, states in his book a
bout the history of Islamic missionary work: aBased on the afriendly arelationsh
ips, awhich awere abuilt and aestablished abetween Christians and Muslims among
Arabs, we can judge athat force was never a decisive element in converting peopl
e to aIslam. Muhmmad (.) ahimself aparticipated ain a apact awith asome aChristi
an atribes. aFurthermore, aMuhammad a(.) atook aupon himself to protect and gran
t freedom for such people a[non-Muslims] to practice their own religious rituals
. In fact, aMuhmmad (.) apermitted athe aclergymen aof athe achurch ato aenjoy t
heir rights and authority with peace and security.. 121 a
Islam forbids forceful measures to convert people from other afaiths, as stated
in the verse of the Qur’an: y
.If yit yhad ybeen your yLord’s ywill, ythey ywould yall have ybelieved, yall yw
ho yare yon yearth! yWill you ythen ycompel ymankind, against their will, to bel
ieve?. (10:99) a
Both the Qur’an and the Sunnah, (prophetic traditions of the aProphet .) illustr
ate that freedom of religion is available to amembers of the society under Islam
ic Shari..h. Muslim history ahas numerous examples of the tolerance shown to non
-Muslim asubjects, while many other societies were intolerant towards aMuslims a
nd even their own people. a
121 Call to Islam p. 48. a
uman Rights in Islam and Common Misconceptions H

Muslims must deal justly with all other humans who have anot begun any hostiliti
es with the Muslims. Allah states in the aGlorious Qur’an: y
.Allah forbids you not, with regard to those who fight y
ou not for (your) Faith nor drive you out of your homes, yfrom ydealing ykindly
yand yjustly ywith ythem: yfor yAllah yloves those who are just.. (60:8) a
Those who wage war against Islam, show enmity and force athe Muslims into exile,
have a different treatment according to aIslam. Allah the Exalted states in the
Glorious Qur’an: y
.It is only as regards those who fought against you on yaccount yof yreligion, y
and yhave ydriven you yout yof your yhomes, and helped to drive you out, that Al
lah forbids y
ou yto ybefriend ythem. yAnd ywhosoever ywill ybefriend ythem, then such are the
cruel people (those who disobey yAllah).. (60:9) a
Interactions between Muslims and non-Muslims are based aon acordial and ajust am
anners. aCommercial atransactions are apermitted with resident and non-resident
non-Muslims of the aIslamic society. A Muslim may eat their lawful food, and mal
e aMuslims may marry a Jewish or a Christian woman as will be aexplained below.
We must remember that Islam gives special a
ttention and aimportance aon araising a afamily. aAllah athe aSublime states in
the Glorious Qur’an: a
.This day are (all) things Good and pure made lawful yunto you. The food of the
People of the Book is lawful yunto you and yours is lawful unto them. [Lawful un
to you in marriage] are [not only] chaste women who are yBelievers, but chaste w
omen among the People of the yBook, revealed before your time, when you give the
m y
uman Rights in Islam and Common Misconceptions H

their due dowry, and desire chastity, not lewdness, nor ysecret intrigues. If an
one rejects faith, fruitless is his ywork, and in the Hereafter he will be in th
e ranks of ythose who have lost [all spiritual good].. (5:5) a
y
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uman Rights in Islam and Common Misconceptions H

Third Misconception: a
Some yclaim ythat ythe yIslamic ypunishments y(Hudood) yare ycruel and barbaric,
and transgress human rights. y
u
Reply to the Misconception about Hudud (Prescribed uPunishments) u
All asocieties ahave a asystem aof apunishment afor aserious acriminal offences.
The modern system uses prolonged prison aterms, abut amany acriminal and asocia
l ascience aexperts ahave aobserved that jail time is not a successful deterrent
, and that it amost aoften aleaves a asense aof aloss and auselessness afor athe
acriminal, and ageneral amaliciousness atowards athe asystem aperceived as unju
st. Also the victims often do not believe that atrue justice has been served. Ma
ny controversies exist about a
ppropriate aterms and asentencing. aNot ato amention athe aexpenses ain amainten
ance aof a ahuge asystem aof aprisons and arelated facilities. a
To abegin, awe amust amention athat athe asystem aof acriminal apunishments in I
slam is part and parcel of the entire just and aequitable aIslamic asystem aof a
life, awhich allows aequal aopportunity and provides for the welfare of all the
citizens, not aleaving any pretext for criminal activity. a
a
Crime in Islam is divided into two categories: a
1) aCrimes athat ahave aprescribed apunishments according ato aShari..h laws. Th
ese crimes include apostasy and blasphemy, amurder and manslaughter, assault, fo
rnication and adultery, arobbery, atheft, adrinking alcohol and aintoxicants, af
alse accusation aof adultery aor aother aimmoral acts, aggression a
gainst people, etc. a
uman Rights in Islam and Common Misconceptions H

2) Crimes that do not have a definite punishment according to aShari..h laws. Th


e legal authority sets the punishments for asuch crimes according to the public
interest of Muslims and athe Islamic society. These types of punishments are kno
wn as a
Ta’zeer. (reprimands). a
Crimes athat ahave a adefinite apunishment according ato aShari..h laws are furt
her divisible into two categories. The first acategory arefers ato athat awhich
ainvolves athe avictim.s apersonal arights, such as murder, manslaughter, assaul
t and slander. The apunishments of these offenses maybe reduced if the plaintiff
adrops the charges, or he may accept the blood money in cases of amurder, mansl
aughter, and assault. The second category refers ato apunishments afor aviolatin
g athe aCommands aof aAllah and aother aprescribed aShari’ah ainjunctions. aThes
e acrimes ainclude adrinking alcohol, afornication and atheft. aPenalties afor a
such acrimes aonce abrought abefore athe authorities and aconfirmed, acannot be
dropped even if the plaintiff drops the charges. a
The rules in application of the audood, (capital and corporal apunishments) aof
athe aIslamic aShari..h are amany ato aensure ajustice. For instance, these puni
shments are applicable only for acrimes acommitted aseriously aviolating athe af
ive aessential anecessities aof ahuman alife a(religion, alife, amind, ahonor an
d aprogeny, wealth). They are only applicable upon a competent a
nd sane adult confirmed by confession or trustworthy and acompetent testimony. T
he punishments may be dropped in acase of suspicion or insufficient evidence of
the crime, as it is areported from the traditions: y
.Stop ythe yHudood, ypunishment ywhen ythere yare ysuspicions y(about yevidence
yand ymitigating y
uman Rights in Islam and Common Misconceptions H

circumstances).y 122 y
The aobjective aof aexecuting athese aharsh apunishments ais ato ateach aexempla
ry alessons ato athe acriminal aelements aof athe asociety. They act as proven a
nd successful deterrents against athe atemptations atowards acommitting acrimina
l acts, and atherefore protect the rights aof all individuals: consequently, ath
e entire society enjoys peace and security. For example, if asomeone knows that
he may be struck with the same force acutting the skin and breaking the bone in
return of his crime, awould he be inclined to go ahead with his assault? a
In addition to the worldly temporal penalties, criminals are a
lso advised to beware of the eternal punishment of Allah in athe Hereafter for c
ommitting crimes. All individuals in the aIslamic society awho break the laws an
d Islamic regulations awould be subjected to such severe penalties. There are ce
rtain aindividuals ain aevery ahuman asociety awho awould anot abe adisciplined
except by applying force on them to stop all their aevil acts against the societ
y. We notice that Islam determines a asuitable penalty for every crime because A
llah the Wise and aOmniscient aknows aintimately all arealities about athe ahuma
n asoul and various types of His creatures. a
y
Hiraabah includes highway robbery, killing as a result of arobbery, breaking int
o residential aor commercial areas awith aweapons and intimidating innocent resi
dents with weapons. It aliterally means waging warfare with the society. a
122 aReported aby aDthahabi and aothers awith aunreliable achain aof anarrators,
and amore aprobably ait ais athe asaying aof aAbdullah aibn aMas.ood (.) as al-
Baihaqi mentions. a
a
uman Rights in Islam and Common Misconceptions H

The stipulated punishment for airaabah is based on the verse aof the Qur’an: a
.The punishment of those who wage war against Allah yand His Messenger, and stri
ve with might for mischief ythrough ythe yland yis: yexecution yor ycrucifixion,
yor ythe ycutting off of hands and feet from opposite sides, or exile yfrom the
land: that is their disgrace in this world, and a ygrievous punishment is their
s in the Hereafter; Except for ythose who repent before they fall into your powe
r: in that ycase, know that Allah is Oft-Forgiving, Most Merciful.. a
(5:33-34) a
This punishment is applied variously according to the nature and intensity of th
e crime, with leeway for the authority to apply the punishment to suit the crime
. If the robber kills and a
seizes athe amoney, athe apunishment amay abe akilling and acrucifixion. If he t
akes money and threatens but does not kill aor assault, the punishment may be am
putation of his hand and aleg. If he kills the victim but does not take his mone
y, he may abe executed as in murder. If he frightens innocent residents abut doe
s not kill any aof them, he may be exiled, awhich is aimprisonment according to
some scholars. a
yMurder yand ymanslaughter: yThe apunishment aof aQisas a(execution) is legisla
ted for premeditated murderer as a just a
nd suitable penalty for taking life unjustly. Qisas acts as a asuccessful deterr
ent to prevent murder. Allah the Exalted says ain the Glorious Qur’an: y
.O you who believe! The law of equality is prescribed to you in cases of murder:
the free for the free, the slave for ythe slave, the woman for the woman.. (2:1
78) a
uman Rights in Islam and Common Misconceptions H

If athe afamily aof athe avictim apardons athe akiller, athe acapital apunishmen
t will be dropped. If they accept the blood money, athe punishment is also dropp
ed. Allah says in the Glorious aQur’an: y
.But if an remission is made by the brother of the slain y[his heir or guardian]
, then grant an reasonable demand, yand compensate him with handsome gratitude..
(2:178) a
y
Robbery and Theft: Allah (.) set the penalty of cutting the ahand as a penalty f
or theft. This is based on the verse in the aGlorious Qur’an: y
.As to the thief, male or female, cut off his or her hands: ya punishment by way
of example from Allah for their ycrime: and Allah is Exalted in Power. Full of
Wisdom.. a
(5:38) a
The amputation aof athe ahand ais abased aon avery aspecific aconditions and cir
cumstances. First, the item stolen must be aover the set limit of value. Second,
the stolen item must be aunder proper lock and protection. Third, if the theft
accusation ais only a suspicion, or if the reason for theft is hunger due to acu
te poverty, in such a case the hand of the thief will not be amputated and ahis
acase afor awelfare and assistance awill abe assessed. Theft is a very serious c
rime which if left without a
proper punishment may become a widespread phenomenon athreatening the social and
economic life aof the community. aThieves may confront resistance, prompting th
em to commit aother crimes like manslaughter and assault. If a thief realizes at
hat his hand awould be cut aoff because aof his theft, he awill adefinitely eith
er hesitate or desist from his crime a
y
uman Rights in Islam and Common Misconceptions H

Fornication and adultery: Islam prescribes the punishment aof flogging for those
that have never been previously married and are guilty of fornication. Allah co
mmands in the Glorious aQur’an: y
.The woman and the man guilty of fornication flog each yof them with a hundred l
ashes: let not compassion move y
ou in their case in a matter prescribed by Allah, if you ybelieve in Allah and t
he Last Day: and let a party of the ybelievers witness their punishment.. (24:2)
a
As for the previously married male or female who commit adultery, the punishment
applied to them is stoning to death. aThis apunishment ais aonly applicable and
aexecuted awhen aspecific conditions are met. A married male or female is stone
d ato death in either of the following two cases: confession or the atestimony a
of afour aeyewitnesses. aOpen and aclear aconfession aentails athat ano acompuls
ion aor aforce ais aexerted ato aobtain a aconfession. aThe asentence ais anot a
executed after athe afirst admission of guilt. The confession will become effect
ive only if ait is repeated four times or in four different meetings or court as
essions. The judge may say something to the effect, .It could abe athat ayou aju
st akissed, ahugged and atouched awithout apenetration. This is to leave the doo
r wide open for withdraw aof the original confession. This practice is based on
the Sunnah aof athe aProphet a(.) awhen athe avarious aconfessors ainsisted a
repeatedly athat athey ahad actually acommitted adultery, and awhen one was prov
ed pregnant as a result. y
The second situation requires four just witnesses. These four ajust and afair aw
itnesses amust abe aknown as atruthful ain atheir astatements and aconduct. aThe
afour awitnesses amust aconfirm aobservation of the actual intercourse directly
, meaning that the afour witnesses testify that they actually saw penetration of
the a
uman Rights in Islam and Common Misconceptions H

male.s penis into the female.s vagina. Such a situation is truly arare and aonly
aobserved awhen athe atwo aparties are aopenly acommitting asuch an aillegal ac
t aof aindulgence, ashowing ano arespect to the laws, honor and dignity of the s
ociety. Adultery and fornication are not considered, as in secular law, to be am
erely personal prerogative and private affair. It is considered an infringement
on the rights of the society because there are amany harmful effects and consequ
ences. It demoralizes the asocial values and principles of the society in genera
l. It leads to athe spread of venereal diseases. It leads to abortion. It leads
to aillegitimate children without proper care from parents. Mixing aof the linea
ge occurs when a child is attributed to a person aother than his real father. A
child maybe deprived of the honor aof being attributed to his real father. It ca
uses problems in ainheritance whereby those who are not entitled for inheritance
amay become heirs and those who are entitled may not get any aof the inheritanc
e. Furthermore, a person may even marry out aof ignorance someone permanently fo
rbidden to him to marry, asuch as a sister, a niece or an aunt, etc. It is truly
a crime to athese innocent children to deprive them of the guardianship of apar
ents and family as well as an honorable identity, which amay lead to physiologic
al and social illness and instability. For a
child a mother and father are essential for peace of mind, ashelter, security,
support and happiness. a
a
Slander: Public flogging is the prescribed punishment for afalse accusation of f
ornication or adultery. Allah the Almighty astates in the Glorious Qur’an: y
.And those who slander chaste women, and produce not yfour witnesses, (to suppor
t their allegations), flog them y
uman Rights in Islam and Common Misconceptions H

with eighty lashes; and reject their evidence ever after: ysuch are wicked trans
gressors.. (24:4) a
The purpose of establishing and executing this punishment ais ato aprotect athe
ahonor and areputation aof athe ainnocent. aUnpunished false accusation is a vic
e that generates retaliatory abehavior, vengeance and even assault or murder. Th
e Islamic aShari..h aprescribes athis asevere apunishment against athe aoffender
aif ahe adoes anot aproduce aconfirmed aevidence as a aproven deterrent to erad
icate this from the society. Islam does anot stop at the physical punishment for
this crime but requires athat athe afuture atestimony aof asomeone aconfirmed a
for afalse a
ccusation is not to be accepted since he or she is a confirmed aliar. If the sla
nderer fully repents to Allah (.) and improves ahis entire behavior, then the si
tuation may be reviewed. a
y
Intoxicants Man is free to eat and drink of the wholesome alegal food and drink
within the confines set forth by Allah (.). aAll types of intoxicants are prohib
ited since not only that they aharm the person.s body, mind and family but also
harm the amoral fabric of the society at large. Intoxicants are called, .the amo
ther of all evils or vices. because they lead to other sins. aIslam sets the pun
ishment of flogging for public intoxication a
nd traffickers. Lashing is the prescribed punishment in Islam ain order to eradi
cate the use of such harmful substances and aensure athe aprotection aof awealth
, and amental and apsychical ahealth. aSome aof athe anegative aeffects and athe
aconsequences aresulting afrom athe abuse aof alcohol and adrugs ainclude athe
atendency atowards aother acrimes alike amurder, assault, afornication, adultery
, rape and incest under influence of the abused asubstances. aAn alcoholic aor a
drug addict abecomes a auseless amember ain athe asociety, aunable ato ahold apr
oductive a
uman Rights in Islam and Common Misconceptions H

employment. An addict may do any immoral act to get the aillegal drugs by steali
ng or committing a crime. Serious health ahazards and epidemics may be caused by
alcohol and drug addiction, as asubstantiated aby amedical and alabor astudies.
aMuch wealth, resources and time is wasted with serious harms ato athe acommuni
ty and athe asociety ain ageneral. aSince athe a
lcoholic aor addict atemporarily aloses ahis amind, aunder athe adrugs aor alcoh
olic ainfluence ahe amay abecome acriminally adangerous, a situation Islam does
not tolerate. a
All the above punishments in Islam are to preserve human arights and adignity ao
f alaw- abiding acitizens and athey are a ademonstration and illustration of the
absolute divine wisdom a
nd ajustice. aA ageneral aruling ain aShari..h ais athat athe apunishments shoul
d be commensurate to the size and type of athe sin. For instance Allah states in
the Glorious Qur’an: y
.The recompense for an injury is an injury equal thereto y(in degree).. (42:40)
a
a
Allah also states in the Glorious Qur’an: y
.And if you punish then punish them with the like of ythat with which you were a
fflicted. But if you endure ypatiently, verily, it is better for the patient one
s.. (16:126) a
The just punishment of the crime is the equal amount, but as a
mercy Islam leaves the door open for either acceptance of ablood money as a com
pensation or pardon and forgiveness ainsofar as the personal rights and injuries
are concerned. Allah aexplains in the Qur..n: y
.And We ordained therein for them: "Life for life, eye for yeye, ynose yfor ynos
e, year yfor year, ytooth yfor ytooth, yand ywounds yequal yfor yequal." yBut yi
f yanone yremits ythe y
uman Rights in Islam and Common Misconceptions H

retaliation yby yway yof ycharity, yit yshall ybe yfor yhim yexpiation. And whos
oever does not judge by that which yGod yhas yrevealed, ysuch yare ythe yDhâlimû
n u(polytheists yand wrong-doers -- of a lesser degree).. (5:45) a
Pardoning is encouraged as Allah the Most Merciful states in athe Glorious Qur’a
n in one case: a
.Let them forgive and overlook, do you not wish that yAllah yshould yforgive you
? yFor yAllah yis yOft-Forgiving, yMost Merciful.. (24:22) a
And Allah the Most Forgiving says in the Glorious Qur’an: y
.But if a person forgives and makes reconciliation, his yreward is due from Alla
h.. (42:40) a
Islam does not aim to retaliate from a sinner nor imposes asevere punishment jus
t for the sake of being harsh and severe. aThe objective of the punishment is to
protect human rights and apreserve respect for law and order through strict jus
tice and aexemplary deterrents. The overall aim is to maintain the peace a
nd tranquility and to warn everyone to think twice before he aor she begins to c
ommit their evil crime. If a murderer realizes athat he will be killed for killi
ng a person, and a thief realizes athat ahis ahand ais agoing ato abe acut aoff
afor ahis atheft, and a afornicator realizes that he is going to be lashed publi
cly, and a
n adulterer arealizes athat ahe ais agoing ato abe astoned, and a aslanderer rea
lizes that he is going to be also lashed publicly, athey will all think seriousl
y before they commit their intended acrimes. The fear of the punishment holds th
e perpetrator back afrom the crime and consequently the society becomes more ase
cure, safe and peaceful. The Almighty Allah states in the aGlorious Qur’an: a
uman Rights in Islam and Common Misconceptions H

.And there is (a saving of) life for you in Al-Qisâs y(the yLaw yof yEquality yi
n ypunishment), yO ymen yof yunderstanding, that you may become Al-Muttaqûn.. a
(2:179) a
The answer ato athe aobjection athat athese astipulated apunishments in Islam ar
e exceptionally cruel is simple. Since a
ll agree that crimes are extremely harmful to the society, that astrict measures
must be taken to counter them, and that the apeople who commit them must be pun
ished, the only problem aremains ain adetermining athe abest, amost ajust and ae
ffective apunishments afor areducing athe acrime arate. aThis aentails a acompar
ison abetween athe aIslamic alaws and athe aman-made asecular laws, between the
punishments mentioned above and athe system aof lengthy terms of imprisonment wi
th all their anegative aconsequences aon athe avictims, acriminals and athe asoc
iety ain ageneral. aIslamic apunishments are ajust, aeasy, auniversal, practical
and logical when examined closely because athey give the criminal the exact tas
te of the pain he inflicted on athe victim and against the moral basis of the so
ciety. Allah aknows best His creation and what is truly the just punishment a
nd effective deterrent to crime. Logic and justice demand not ato downplay the r
ights of the victims through being lenient to athe acriminals. aA acancerous aor
gan amust abe amputated aif ait acannot be cured, as is the case with the physic
al body in order ato save the rest of the entire body. a
It may be noted that often the media propagates a distorted aimage about Islam,
Muslim society, and the Shari..h law. By athis propaganda one may think that Isl
amic punishments are a
pplied and executed on a daily basis. When the truth is that athroughout athe aI
slamic ahistory athe ainstances awhere athe apunishment aof execution, stoning t
o death and amputation, a
uman Rights in Islam and Common Misconceptions H

were arecorded and applied are anot amany. aFor ainstance athe acases of stoning
were rare and usually based on the request of athe sinners awho confessed their
crimes and expressed their adesire to receive the punishment in order to purify
themselves afrom the sin they committed, in this world and meet Allah asinless
in the Hereafter. The case with the other punishments ais similar. a
y
y
y
y
y
y
y
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uman Rights in Islam and Common Misconceptions H
Fourth Misconception: a

Man yclaim ythat ythe ypunishment yprescribed yin yIslam yfor yapostasy is a vio
lation against human rights. The modern yconcept of human rights ensures freedom
of religion to all ypeople. This punishment, they claim, contradicts what Allah
ythe Exalted and Almighty said in the Glorious Qur’an: y
.Let there be no compulsion in religion.. (2:256) a
u
Reply to the Misconception about Apostasy u
Islamic aShari..h adecrees aexecution afor athe aperson awho a
postatizes after accepting Islam as a way of life, and rejects aIslamic abeliefs
and alaws. aThe awell aknown atradition aof athe aProphet (.) states, y
.The blood of a Muslim may not be legally spilt other ythan in one of three (ins
tances): the married person who ycommits adultery; a life for a life; and one wh
o forsakes yhis religion (of Islam) and abandons the community.y 123 a
a
The Prophet (.) also said: a
.Whosoever changes his religion (of Islam) kill him.y124 y
a
Rejecting Islam as a way of life after its acceptance implies amalicious apropag
anda against aIslam and a adisgrace ato athe aimmediate aMuslim acommunity awher
e athe apostate alives. aSuch rejection will not only discourage people from acc
epting aIslam as a away aof life, but awill encourage all varieties aof acrimina
lity and blasphemy. The example of rejecting Islam a
123 Reported by Bukahri no. 6935 and Muslim no. 6524. a124 Also reported by Bukh
ari and Mulism. a
uman Rights in Islam and Common Misconceptions H

indicates that the person who joined it was only testing it, but awas not seriou
s about his commitment to this way of life. aTherefore, this rejection will tend
to attack Islam and attempt ato arebel afrom awithin. aTherefore, asuch a apuni
shment awas aprescribed, Allah (.) knows best. a
Declaring general disbelief and rejection is unacceptable in aIslamic Shari..h b
ecause such a person does not honor the asacred commitment to his or her faith.
He is more dangerous a
nd aworse athan an aoriginal anon-believer awho anever awas a aMuslim. Allah sta
tes in the Glorious Qur’an: y
.Those ywho ybelieve, ythen yreject yFaith, ythen ybelieve y(again) and (again)
reject Faith, and go on increasing in ydisbelief, Allah will not forgive them no
r guide them on ythe way.. (4:137) a
a
We ashould atake athe afollowing apoints ainto aconsideration aconcerning aposta
tes from Islam. a
a
The killing of an apostate from the Islamic faith implies that asuch a person ha
s violated the basis of Islam and attacked aIslam openly and publicly with treac
hery and blasphemy. As asuch, ahe athreatens athe avery abasis aof athe amoral a
nd asocial aorder. aThis atreachery amay aprecipitate athe abeginning aof ainter
nal arevolution and adangerous arebellion awithin athe aIslamic society. This ki
nd of crime is the most serious in any asociety, and therefore is called ’High T
reason’. A convicted a
postate is given a chance for three consecutive days to return ato the fold of I
slam. Qualified Islamic scholars sit with him and aexplain to him the major sin
he is committing, against his own asoul, his family, and the community, and to r
emove whatever amisconceptions he had been subjected to. If this person returns
ato the fold of Islam he will be let free without punishment. a
uman Rights in Islam and Common Misconceptions H

Execution of such an apostate is, in reality, a salvation for the arest aof athe
asociety amembers afrom athe amaliciousness and aviolence he would spread if le
ft to propagate his disbelief and ablasphemy among the other members of the soci
ety. If such a aperson confines his disbelief and apostasy to himself, and adoes
not proclaim and propagate it, he is left to Allah (.) and athe punishments of
the hereafter. Allah (.) knows best who abelieves and who rejects faith, who is
sincere and who is a ahypocrite. Muslim authorities only base their judgments an
d asentences upon open external matters and leave the internal arealties to Alla
h (.). a
a
On the other hand, this ruling illustrates that the acceptance aor rejection of
Islam is a very serious matter. Any potential aconvert amust atake atime ato ast
udy, aresearch, aevaluate and aexamine all the aspects of Islam as a way of life
prior to joining ait and committing to its rules and regulations. Such a severe
apunishment will not give any slim chance to those who would alike ato aplay ar
ound, aexperiment awith aIslam, and act atreacherously in the ultimate treason.
a
a
Islam does not treat rejection of the faith as a personal matter abut arather a
arejection athat aharms athe aentire asystem. aThis arejection ais a aseed aof a
internal arevolution and ainstigation atowards rebellion in the society. Islam d
oes not condone that awhich leads to mischief and confusion in the society. a
a
This law for apostasy in Islam is somewhat similar and yet amore moderate than m
any modern political systems awhich atreat any activities ato aoverthrow an aexi
sting aregime aor agovernment as aillegal and aultimate atreason, apunishable ab
y aexecution, aexile, aimprisonment and aconfiscation aof apersonal awealth of t
hese individuals. Even the relatives of such person a
uman Rights in Islam and Common Misconceptions H

re often subjected to the harassment and punishment. Islam aonly punishes the ap
ostate himself with the simple, direct and avery effective deterrent. a
.
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uman Rights in Islam and Common Misconceptions H

Fifth Misconception: a
Some claim that prohibition of a female Muslim to marry a ynon-Muslim yis yan yi
nfringement yagainst yher yhuman rights yand her personal freedom, which is perm
itted in the modern ylaw; an individual may marry whomsoever they desire. y
u
Reply to the Misconception about Marriage to a non-uMuslim125 u
The aIslamic arationale abehind athis arestriction ais afor aher aprotection and
for the preservation of the family values and anucleus family unit. Most modern
secular laws permit any and a
ll asexual arelations abetween aconsenting adults, aeven ahomosexual. aAll athis
ais aunacceptable ain aIslam asince asexual arelations are aonly allowed athrou
gh alegal and ahonorable amarriage. Since Islam seeks all means to protect the m
orality of athe human race and guard the family unit against dissolution aby adi
vorce, athe apotential aspouse ais aencouraged ato aseek aharmony, security, and
compatibility with the one chosen for amarriage, for personal happiness, and fo
r the success of the afuture family and generation. Anything that would be a cau
se afor aserious apotential aconflict awould abe a areason afor anot a
llowing the marriage. Difference in religion between the two aspouses is natural
ly a known potential cause. The following athree possible cases exist: a
1st yCase: aA aMuslim amale ais aprohibited afrom amarrying a apolytheist, idola
ter or atheist female because the Islamic Faith adoes anot acondone aor arespect
apolytheism, ablasphemy and a
125 aQuoted awith aparaphrasing afrom aSymposium aon aIslamic aShari..h and aHum
an aRights ain aIslam, aBeirut, aDar-al-Kitab-al-aLbnani, 1973. a
uman Rights in Islam and Common Misconceptions H

idolatry. Islam prohibits the marriage where a spouse will not ashow considerati
on to the primary principles of other spouse. aThe entire family in this case wo
uld be in a continuous dispute a
nd confusion. Such a problematic marriage most likely would aend up with divorce
leading to the dissolution of an existing afamily, affecting the children of th
e family most. a
2nd Case: A male Muslim is allowed to marry a Christian or a aJewess abecause aI
slam accepts aMoses and aJesus, amay aAllah aexalt atheir amention and arender a
them asafe afrom aevery aderogatory thing, as true Prophets and Messengers from
Allah a(.). Regardless aof certain differences in some principles aof afaith, ab
elief and areligion, athe amarriage adoes anot ahave athe aproblematic nature me
ntioned above, and may continue and aprosper if all other factors are satisfacto
ry between the two aspouses, God willing. a
3rd Case: Islam bans the marriage of a non-Muslim man with a
Muslim female because a Jew, Christian or polytheist denies athe aMessage aof a
Muhammad a(.) and ahis aprophet-hood. aBy anatural and ahistorical aprecedent, a
men adominate awomen. aA anon-Muslim ahusband amay apossibly atake advantage aof
ahis astrength and adominance, and ademonstrate ain athe aprivate aconfines of
the home disrespect to the wife.s Islamic faith and aprinciples. He may talk wit
h derogatory language about the aProphet (.) and Islam, a situation that would c
ause intense ahatred and problems between the two spouses. Naturally this awill
lead to a dispute between the two spouses, or tempt her afrom her faith. If she
defends her faith vigorously, this may alead to unjust subjugation and physical
violence against her aperson. As the weaker sex, she may accept this dire situat
ion aof amaltreatment and asuffering ato aprotect aherself and aher achildren. I
slam bans this kind of marriage that inevitably leads ato maltreatment, conflict
, severe trials, or near certain divorce a
uman Rights in Islam and Common Misconceptions H

for those concerned, similar to the first case. This third case, in asummary, is
the worst-case scenario for potential conflict, and atherefore prohibited. y
y
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uman Rights in Islam and Common Misconceptions H

Sixth Misconception: a
Slavery ysystem yin yIslam ycontradicts yIslamic yconcepts yof yequality yand yf
ull ypersonal yfreedom. yThis, ytoo, yis yan yencroachment upon human rights. y
u
Reply to the Misconception about Slavery u
The slavery system among Muslims in many aspects was adifferent from other socie
ties, and what many people envision a
bout aslavery according ato apractices among athe aGreeks, aRomans and European
colonialists. Islam initially accepted the aslavery system because it was an acc
epted and necessary part aof athe aeconomic and asocial aconditions ain athose a
times. aThe asystem of slavery was a worldwide phenomenon with many avital secto
rs of livelihood dependent on slave labor. Slavery awas accepted and recognized
in the previous religions. As it is astated in the Bible: y
.10. When you come neigh unto a city to fight against it, ythen proclaim peace u
nto it. 11. And it shall be, if it make ythee answer of peace, and open unto the
e, then it shall be, ythat all the people that is found therein shall be tributa
ries yunto thee, and they shall serve thee. 12. And if it will make yno peace wi
th thee, but it will make war against thee, then ythou shall besiege it. 13. And
when the Lord Thy God has ydelivered it into thine hands, thou shall smite ever
y male ythereof with the edge of the sword. 14. But the women, and ythe little o
nes, and the cattle, and all that in the city, even yall the spoil thereof, shal
l you take unto yourself, and you yshall eat the spoil of thine enemies, which t
he Lord thy yGod has given thee. 15. Thus shall you do unto all the ycities whic
h are very far off from thee, which are not of the y
uman Rights in Islam and Common Misconceptions H

cities of these nations. 16. But of the cities of these people, ywhich the Lord
thy God does give you for an inheritance, you shall save alive that breathes. 17
. But you shall utterly ydestroy them.y [Deuteronomy 20:10-17] a
And a master in the Judaic Law could even beat his slave to adeath as this next
text states: y
.And if a man smite his servant, or his maid, with a rod, yand he die under his
hand; he shall be surely punished. yNotwithstanding, if he [the slave] continue
[to live] a day yor two, he [the slave owner] shall not be punished: for he y[th
e slave] is his money [property].y [King James Version Exodus a
21:20-21] a
Nowhere are there any indications in the Bible about the aprohibition of slavery
and this lead many to boldly proclaim, as Jefferson Davis the president of the
Confederate States of aAmerica said: a
"[Slavery] was established by decree of Almighty God...it yis ysanctioned yin yt
he yBible, yin yboth yTestaments, yfrom yGenesis to Revelation...it has existed
in all ages, has been yfound among the people of the highest civilization, and i
n ynations of the highest proficiency in the arts.y126 a
Considering athis aworld aenvironment, athe aIslamic alaw afollowed a long-term
and gradual plan to eliminate slavery afrom society. We do not find any direct c
ommand to abruptly a
126 [Dunbar Rowland quoting Jefferson Davis, in aJefferson Davis., aVolume 1, Pa
ge 286, see also Jefferson Davis.s "Inaugural Address as aProvisional President
aof the Confedercy, Montgomery, AL, a1861-aFEB-18, Confederate States of America
, Congressional Journal, 1:64-a66.Available at: ahttp://funnelweb.utcc.utk.edu/~
hoemann/jdinaug.html] a
uman Rights in Islam and Common Misconceptions H

stop all dealings with slavery but, rather wisely, the sources of aslavery awere
agradually arestricted and adiminished and aemancipation of slaves encouraged.
Moreover, strict rules of afair and ahonorable aconduct awere applied ain adeali
ng awith aslaves and allowing them to buy their own freedom. The first astage wa
s liberating themselves from within their hearts and aminds. aThey awere ainstru
cted ato afeel astrong, ahealthy and acapable awithin, and adiscouraged afrom af
eeling aweak and ainferior about athemselves. aIslam areconstructed athe ahuman
afeeling and integrity in the hearts and minds of the slaves by acalling athem a
brethren ato atheir amasters and aowners. aAllah.s aMessenger (.) said, y
.Your workers are your brethren. The Almighty Allah yplaced them under you [for
your services]. Whosoever yhas one [of his brethren] under him [working for him]
ymust feed him of what he eats, clothe him of what he yclothes himself and do n
ot assign them to do what they ycannot do. If you do, then help them.y127 a
Slaves have established rights. The commandments of the aQur..n and Sunnah order
Muslims to be kind and good to atheir male slaves and maiden servants. The Almi
ghty Allah astates in the Glorious Qur’an: y
.Worship Allah, and join not an partners with Him; and ydo ygood yto yparents, y
kinsfolk, yorphans, ythose yin yneed, yneighbors ywho yare your ykin, yneighbors
ywho yare ystrangers, the companion by your side, the wayfarer (you ymeet) yand
ywhat your yright yhands ypossess y(slaves): yfor yAllah loves not the arrogant
, the vainglorious.. (4:36) a
The aProphets alongstanding aconcern about athe aslaves ais a
127 Bukahri a
uman Rights in Islam and Common Misconceptions H

evidence by the fact that on his deathbed, the Messenger of aAllah (.) ordered t
he Muslims as a dying request to guard atheir prayers and the rights of the slav
es. a
He (.) is also reported to have said: y
.Whosoever castrated a slave we will castrate him.y128 a
Slavery, according to Islamic teachings, is limited to physical aslavery only an
d there are no forced conversions to the way of athe master. A slave has the rig
ht to maintain his own faith. aIslam sets forth the best example in human equali
ty by making athe superiority based on piety and righteousness. Islam made abrot
herhood or unity of ties between slaves and their masters aby the excellent exam
ple of Allah.s Messenger (.) when he aoffered in marriage his cousin, Zainab bin
t Jahsh (.) a noble aQuraishi lady, to his freed slave, Zaid bin Harithah. The l
atter awas also designated as a leader to the army that consisted of asome alead
ing and awell-known aCompanions aof aAllah.s aMessenger (.). a
Islam followed two main methods to eliminate slavery from athe Islamic society a
nd practiced to avoid any confusion or achaos in the society. These methods did
not create animosity, ahatred between various classes of the Islamic society, or
cause adetriment to the prevailing socio-economic situations. a
The first method: Eliminating and restricting the sources of aslavery, which wer
e very vast at one point during the Islamic ahistory. The sources of slavery bef
ore Islam were many and aincluded awarfare awhereby athe adefeated afighters awe
re acaptivated and consequently enslaved. Piracy, kidnapping and abducting of pe
ople was another common source wherein the a
128 Mustadrik Hakim 4/409 no. 8100 a
a
uman Rights in Islam and Common Misconceptions H

kidnapped people were taken and sold like slaves. If a person awas in a financia
l debt he could become a slave to the debtor. aAnother asource awas athe apracti
ce aof afathers aselling atheir achildren, male or female, into slavery. A perso
n could sell his aown freedom against payment of a certain sum. Many crimes awer
e apunishable aby aimposing aslavery aon athe accused. aThe acriminal person awo
uld become a slave to the victim aor his afamily members or heirs. Reproduction
of slaves, even if the afather was a freeman, was another source of slaves a
Islam ablocked athese asources awith aonly atwo aexceptions as alegitimate asour
ces aof aslaves, aentirely alogical agiven athe acircumstances of the times. a
(1) War captives, or prisoners of lawfully declared wars by ya Muslim ruler. Not
ice that not all such prisoners of war were adeclared as slaves, but some were s
et free while others were a
llowed ato apay aransom. aThis ais abased aon athe averse ain athe aGlorious Qur
’an: y
.Therefore, ywhen you ymeet ythe yunbelievers y(in ywar), ysmite at their necks;
at length, when you have thoroughly ysubdued them, bind a bond firmly (on them)
: thereafter y(is the time for) either generosity or ransom: until the war ylays
down its burdens. Thus (are you commanded): but if yit had been Allah’s Will, H
e could certainly have exacted yretribution from them (Himself); but (He lets yo
u fight) yin order to test you, some with others. But those who are yslain in th
e way of Allah, He will never let their deeds be ylost.. (47:4) a
y
The enemies of Islam used all means to stop progress and aspread of Islam in the
early era. Non-Muslims at that time held aMuslims as aprisoners-of-war, and ath
us athe aMuslims ain a
uman Rights in Islam and Common Misconceptions H

retribution did the same. a


(2) An inherited slave born from two slave parents. Such a achild is considered
a slave as well. However, if the master of a aslave agirl atook aher as alegal a
concubine, athe aproduct aof athis arelation is a free child who is also attache
d in lineage to his free afather. In such case, the slave-girl is called a mothe
r of a child. awho cannot be sold and cannot be given as a gift and must be afre
ed upon the death of her master. a
The asecond amethod aof aeliminating aslavery ainvolved aencouraging and expandi
ng the ways of liberation of slaves. aOriginally the only way for freedom was th
e will of the master ato free the slave. Prior to the advent aof Islam, a slave
was aconsidered a slave throughout his life and the master awho aliberated ahis
aslave asometimes ahad ato apay a afine. aIslam aintroduced the practice aof sel
f-liberation aof slaves, awhereby athey could pay their masters a contracted amo
unt to purchase atheir afreedom. aThe amaster awas also agiven athe alatitude at
o aliberate his slave at any time and without any obligation or afinancial fine.
Some of the prescribed means for liberating the aslaves are mentioned below: a
1) Atonement for sins: The atonement for killing by mistake awas aset ato abe at
he aliberation aof a abelieving, afaithful aMuslim aslave, in addition to the bl
ood money to be given to the affected afamily. This is based on the verse in the
Glorious Qur’an: y
.Never should a believer kill a believer; but (if it so yhappens) by mistake, (c
ompensation is due); if one ykills a believer, it is ordained that he should fre
e a ybelieving yslave, yand ypay ycompensation yto ythe ydeceased’s family, unle
ss they remit it freely.. (4:92) a
uman Rights in Islam and Common Misconceptions H

2) Atonement for Dthihaar oth:129 This is based on the verse in athe Glorious Qu
r’an: y
.But those who divorce their wives by Dthihaar, then ywish to go back on the wor
ds they uttered, (it is ordained ythat ythey) yshould yfree ya yslave ybefore yt
hey ytouch yeach yother: this is an admonition to you: and Allah is well-yacquai
nted with (all) that you do.. (58:3) a
3) Atonement for breaking an oth: This is based on the verse ain the Glorious Qu
r’an: y
.Allah ywill ynot ycall you yto yaccount yfor ywhat yis yunintentional in your o
aths, but He will call you to yaccount for your deliberate oaths: for expiation,
feed yten indigent persons, on a scale of the average of the yfood yfor your yf
amilies; yor yclothe ythem; yor ygive ya yslave his freedom. If that is beyond y
our means, fast yfor three days. That is the expiation for the oaths y
ou have sworn. And honor your oaths. Thus does yAllah make clear to you His Sign
s, that you may be ygrateful.. (5:89) a
4) aAtonement afor abreaking athe afast aduring athe amonth aof aRamadan: An exa
mple of this is the incident of the man who acame to Allah.s Messenger (.) telli
ng him: a
.O yProphet yof yAllah! yI have destroyed myself!. Allah.s yMessenger (.) asked
the man, .Why?. The man informed yAllah.s Messenger (.) that he had an intercour
se with his y
129 Dthihaar is a type of oth where a person used to say to his awife, a.You are
aunlawful for me to touch, like the back aof my amother.. This was a practice d
uring the pre-Islamic era and Islam abanned it. a
uman Rights in Islam and Common Misconceptions H

wife yduring ythe yfasting yhours yof ythe yday yof yRamadan. yAllah.s yMessenge
r y(.) asked the man, .Do you have a yslave yto yfree?. yThe yman yanswered yneg
atively. yAllah.s yMessenger (.) asked the man again, .Do you have the ymeans yt
o yfeed ysixty ypoor ypeople?. yThe yman yreplied ynegatively. While the man and
the rest of the people were ysitting, yAllah.s yMessenger y(.) ywas ypresented
ywith yan yamount of fresh dates. Allah.s Messenger (.) asked about ythe man who
committed that sin, and he came forward. yAllah.s Messenger (.) said to the man
, .Take these dates yand give them to the poor people in charity [atonement yfor
your sin].. The man replied, .O Prophet of Allah! By yAllah! yThere yis yno ypo
orer yfamily yin ythe yentire ycity yof yMadinah ythan ymy yfamily.. yUpon yhear
ing ythis, yAllah.s yMessenger (.) smiled in such a way that his canine teeth ya
ppeared, ysaying, y.Then, ytake ythe ydates yand yfeed your yfamily..130 a
A person who is required to pay atonement for his sin and is afinancially capabl
e and does not possess a slave to liberate can apurchase a slave, if possible, a
nd liberate it in atonement for ahis sin. a
5) Liberating of slaves was declared one of the most beloved acharitable acts of
worship in the Sight of Allah (.): Allah the aExalted says in the Glorious Qur’
an a
.But he has made no haste on the path that is steep. And ywhat will explain to y
ou the path that is steep? (It is:) yfreeing a slave.. (90:11-13) a
Moreover, athe astatements aof aAllah.s aMessenger a(.) along awith his actions,
in this regard, encouraged people to liberate a
130 Bukahri, Hadith No. 1834. a
uman Rights in Islam and Common Misconceptions H

slaves for the cause of Allah (.). Allah.s Messenger (.) said, y
.Whosoever frees a slave, Allah will free every organ of yhis ybody yfrom ythe y
hell-fire yagainst yevery yorgan yof ythe yfreed slave, even his private parts a
gainst the freed slave.s yprivate parts.y131 a
In addition, Allah.s Messenger (.) is reported to have said, y
.Visit the ill, feed the hungry and release the suffering yslave.y132 a
6) Announcing freedom to the slave: If a master announces any aword or synonyms
of freedom, liberation, releasing or relieving a
slave from his slavery, even though jokingly, the slave is afreed ainstantly. a
This ais abased aon athe astatement aof aAllah.s aMessenger (.) saying, a
.[There are] three matters if you utter them seriously or yjokingly, you will co
mmit yourself to do them. These are: ydivorcing [one.s wife], accepting a marria
ge [to a woman] yand freeing or liberating a slave.y133 a
7) Liberating a slave by a will: One of the means of liberating a aslave ais ath
rough athe adeath-will. aThe awill amay abe awritten, announced verbally, aor th
e like. If a master declares in any aform that his slave will be a freeman upon
the master.s death, athe slave has secured his freedom after the death of the ma
ster. aAs a precautionary measure Islam bans selling or giving away aof such a s
lave after this declaration. If a slave-girl is given such a
promise and the owner takes her as concubine, the child who ais a aproduct aof a
that acohabiting ais aborn as a afreeman also. a
131 Muslim, Hadith No. 1509. a132 Bukahri, Hadith No. . a133 Bukahri. a
uman Rights in Islam and Common Misconceptions H

Similarly, the slave girl, in such a case, is not to be sold or given away as a
gift to a third party, but rather liberated as well. a
8) Slave liberation is one of the proposed channels of Zakah: aThis is based on
the verse in the Glorious Qur’an: a
.Alms yare yfor ythe ypoor yand ythe yneedy, yand ythose yemployed to administer
the (funds); for those whose yhearts have been (recently) reconciled (to the tr
uth); yfor those in bondage and in debt; in the cause of yAllah; and for the way
farer: (thus is it) ordained by yAllah, and Allah is full of knowledge and wisdo
m.. a
(9:60) a
9) Atonement for undue beating and slapping of the slave on athe face: Islam req
uires freeing a slave if the slave master beats a-unjustly- or slaps his slave o
n the face. This is based on the aHadith of Allah.s Messenger (.): y
.Whosoever slaps his slave or hits him/her on the face ymust pay an atonement by
freeing him/her.y 134 a
10) Contracting freedom by a slave: This involves a situation awhen a slave requ
ests his master to buy his freedom for a sum aof money they both agree upon. If
a slave requests his master ato issue him such a liberation contract, it becomes
binding on athe master to grant the slave such a contract. In such a case the a
slave will have the liberty to buy, sell, trade, own and work in aorder to accum
ulate the needed money against his freedom acontract. Even working for his maste
r will be for a specific awage against his labor. In fact, Islam went a step fur
ther by asking donations, assistance and support for such people from athe wealt
hy people in the Islamic society. Even the master is a
134 Muslim,Hadith No. 1657. a
uman Rights in Islam and Common Misconceptions H

urged to discount some of the money agreed upon, or to give ahim some easier pay
ment facilities to help obtain his freedom. aThis is based on the verse in the G
lorious Qur’an, the meaning aof which is translated as: y
.And if an of your slaves ask for a deed in writing (to yenable them to earn the
ir freedom for a certain sum), give ythem such a deed if you know an good in the
m; rather, ygive them something yourselves out of the means which yAllah has giv
en to you.. (24:33) a
In abrief, awe acan asay athat aIslam adid anot alegalize and aencourage slavery
but rather established laws and regulations athat contributed significantly and
effectively to help restrict athe sources of slavery and liberate slaves once a
nd for all. a
y
.
.
.
.

.....
uman Rights in Islam and Common Misconceptions H

Conclusion y
y
In closing we will cite the incidence in recent history. The aMinistry aof aJust
ice ain aKingdom aof aSaudi aArabia aheld athree asymposiums during the month of
Safar 1392 H (1982 G). The aMinster aof aJustice and aeminent ascholars and aun
iversity aprofessors attended along awith afour aeminent aEuropean acanonists an
d ascholars: athe aex-Foreign aAffairs aMinister aof aIreland and athe aSecretar
y aof athe aEuropean aLegislation aCommittee; a awell-known ascholar aof aOrient
al and aIslamic aStudies aProfessor; an aeminent aprofessor aof aLaw and athe aD
irector of the Human Rights Magazine published in France; asome of the eminent l
awyers of Appellate Court in Paris. a
The Muslim scholars in attendance explained the concept of aIslam as a away of l
ife in comparison with other competing aconcepts, illustrating the main rules of
Islam and the Shari..h a
nd athe adetails aof asuch ageneral arules and aprinciples. aThey aexplained the
value, benefits and effectiveness of the Islamic acapital punishments that are
prescribed against serious crimes acommitted against ainnocent apeople and asoci
ety. aThey aexplained in detail that such capital punishments are rational apena
lties that preserve the peace, safety and security of the asociety at large. The
Europeans expressed their admiration of athe adetailed aexplanations agiven aby
athe aMuslim ascholars aon athese types of punishments and admired the concept
of the ahuman rights in Islam. Mr. McBride the head of the European adelegation,
declared: aFrom this place, and from this Islamic acountry, the human rights mu
st be declared and announced to apeople all aover the aworld and not from any ot
her country. aMuslim scholars must declare these unknown human rights to athe in
ternational public opinion. In fact, due to the ignorance about these human righ
ts and lack of proper knowledge about a
uman Rights in Islam and Common Misconceptions H

them, athe areputation aof aIslam and athe aIslamic aruling and agoverning is di
storted in the eyes of the rest of the world..135 a
This booklet is an introductory discourse on the subject of athe human rights in
Islam. I hope and pray that this discussion awill open avenues for those who ar
e keen to know more about athe truth of Islam that has been severely misconstrue
d and amisinterpreted, aespecially aby asome asecularists, amodernist aMuslims,
as well as the enemies of Islam. a
I urge the readers to explore more about Islam as a way of alife athrough arelia
ble and asound asources, awithout any apreconceived notions. I feel obliged to o
ffer any assistance to athe individuals who are keen to learn and know more abou
t aIslam as a way of life. a
Muslims calling others to Islam should be sincere in their aintention, seeking o
nly the pleasure of the Almighty Allah in athis life and in the Hereafter to enj
oy the permanent abode in aJannah (Heavenly Abode), and purifying their motives
from a
ny apersonal agains. aOne aof athe aCompanions aof aAllah.s aMessenger (.) once
said when he was asked about the reason afor his participation in the fight for
the cause of Allah (.): a
.We came in order to liberate people from worshiping yother people and the injus
tices caused by other religions, yto let them into the justice of Islam.. a
As afor athe adivine areward ain athe aHereafter, awe aMuslims abelieve that the
re are two permanent abodes in the Hereafter, awithout a third: either the Janna
h, Heavenly abode of bliss and aeternal happiness, or else the Hellfire of etern
al torture. The aJannah is the graceful reward from Allah to those who obeyed aH
is Commands. The Almighty Allah states in the Glorious a
135 Taken from ’Islam and Human Rights’ for Abdullah b. Abdul-aMuhsin at-Turki.
a
uman Rights in Islam and Common Misconceptions H

Qur’an: y
.If yanone ydesires ya yreligion yother ythan yIslam y(submission to Allah), nev
er will it be accepted of him; yand in the Hereafter he will be in the ranks of
those who yhave lost (all spiritual good).. (3:85) a
This is also based on the verse of Qur’an: y
.As to those who believe and work righteous deeds, they yhave, yfor ytheir yente
rtainment, ythe yGardens yof yJannah, yWherein they shall dwell (for aye): no ch
anges will they ywish for themselves.. (18:107-108) a
Furthermore, the Almighty Allah promised Hellfire to those awho disobey His comm
ands and set partners with Him. The aAlmighty Allah states in the Glorious Qur’a
n: a
.Allah forgives not that partners should be set up with yHim; but He forgives an
thing else to whom He pleases; yto yset yup ypartners ywith yAllah yis yto ydevi
se ya ysin ymost yheinous indeed.. (4:48) a
The Almighty Allah states in the Glorious Qur’an: y
.Those who reject (truth), among the People of the Book yand among the Polytheis
ts, will be in Hell-fire, to dwell ytherein (forever). They are the worst of cre
atures.. (98:6) a
Since the advent of Islam, the enemies of Islam have waged awars against Islam,
and the wars continue in our time. The anti-aIslamic elements have exploited all
possible means in this war. aPeople with sanity and maturity will remain unaffe
cted since athey asuccessfully adifferentiate abetween atruth and afalsehood. aE
minent areligious apeople afrom aother aFaiths acontinue, aincreasingly, to join
Islam as a way of life, and this in itself is an aevidence to prove the magnifi
cence of Islam as a religion and a
uman Rights in Islam and Common Misconceptions H

way aof alife. aThe aAlmighty aAllah assured aus athat aHe awill apreserve His r
eligion of Islam for mankind. The Almighty Allah astates in the Glorious Qur’an:
y
.We yhave, ywithout ydoubt, ysent ydown ythe yMessage y[Qur’an and Islam]; and W
e will assuredly guard it (from ycorruption).. (15:9) a
Let us end our booklet with a beautiful quote from Allah.s aMessenger.s (.) Hadi
th, y
.The most beloved people to Allah are the most useful [or ybeneficial to others]
. The most beloved action to Allah y(.) yis ya ypleasure you ybring yto y[a ybro
ken yhearted, ysuffering] Muslim, or to relieve such a sufferer from his ysuffer
ing, or to pay his debt, or to dismiss his hunger [by yoffering him a decent mea
l to eat]. It is even better for me yto walk with a Muslim brother to accomplish
his need ythan to enter seclusion in a Masjid for an entire month. yWhosoever c
ontrols his anger [in this world] Allah (.) ywill ycover yhis yvices. yWhosoever
ysuppresses yhis yanger, ywhile he is capable of harming others (with it), Alla
h (.) ywill fill his heart with satisfaction and happiness on the yDay yof yJudg
ment. yWhosoever ywalks yto ysupport ythe yevidence of a Muslim brother, Allah (
.) will fasten his yfootsteps on the Day when footsteps are flinching and ystumb
ling. Surely, evil character and behavior will spoil ythe ygood ydeeds yand ypio
us yactions yas yvinegar yspoils yhoney.. 136a a
136 aReported aby aTabarani and aibn aAbi-Dunya, and al-Albani adeclared it soun
d in Sahih al-Jam.i. a
a

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