Religious Human Rights and the Qur'an
By
Riffat Hassan.
Given the centrality of the Qur'an to the lives of the
majority of the more than two billion Muslims of the world,
the critical question is: What,if anything,does the Qur'an
say about human rights? I believe that the Qur'an is the
Magna Carta of human rights and that a large part of its
concern is to free human beings from the bondage of
traditionalism, authoritarianism (religious, political,
economic, or any other), tribalism, racism, sexism, slavery
or anything else that prohibits or inhibits human beings
from actualizing the Qur'anic vision of human destiny
embodied in the classic proclamation: "Towards Allah is thy
limit" (Surah 53: An-Najm: 42).
I offer an account of the Qur'an's affirmation of
fundamental rights which all human beings ought to possess,
because they are so deeply rooted in our humanness that
their denial or violation is tantamount to a negation or
degradation of that which makes us human. From the
perspective of the Qur'an, these rights came into existence
when we did; they were created, as we were, by God in order
that our human potential could be actualized. These rights
not only provide us with an opportunity to develop all our
inner resources, but they also hold before us a vision of
what God would like us to be: what God wants us to strive
for and live for and die for. Rights created or given by
God cannot be abolished by any temporal ruler or human
agency. Eternal and immutable, they ought to be exercised
since everything that God does is for "a just purpose."
RIGHT TO LIFE. The Qur'an upholds the sanctity and absolute
value of human life and states in Surah 6: Al-An'am: 151:
do not take any human being's life(the life) which God has
declared to be sacred -- otherwise than in (the pursuit of)
justice: this has He enjoined upon you so that you might
use your reason.
In Surah 5: Al-Ma'idah: 32, the Qur'an points out that, in
essence, the life of each individual is comparable to that
of an entire community and, therefore, should be treated
with the utmost care: "We ordained for the Children of
Israel that if anyone slew a person unless it be for murder
or for spreading mischief in the land it would be as if he
slew the whole people: And if any one saved a life, it
would be as if he saved the life of the whole people."
RIGHT TO RESPECT. In Surah 17: Al-Isra':70, the Qur'an
says: "Now, indeed, We have conferred dignity on the
children of Adam." Human beings are deemed worthy of esteem
because of all creation they alone chose to accept the
"trust" of freedom of the will (Surah 33: Al-Ahzab: 72).
Human beings can exercise freedom of the will because they
possess the rational faculty, which is what distinguishes
them from all other creatures (Surah 2: Al-Baqarah: 30-34).
Though human beings can become "the lowest of the lowest,"
the Qur'an declares that they have been made "in the best
of moulds" (Surah 95: At-Tin: 4-6), having the ability to
think, to have knowledge of right and wrong, to do the good
and to avoid the evil. Thus, on account of the promise
which is contained in being human, namely, the potential to
be God's vicegerent on earth, the humanness of all human
beings is to be respected and considered to be an end in
itself.
RIGHT TO JUSTICE. The Qur'an puts great emphasis on the
right to seek justice and the duty to do justice. In Surah
5: Al-Ma'idah: 8, it tells the believers:
O you who have attained to faith! Be ever steadfast in your
devotion to God, bearing witness to the truth in all
equity; and never let hatred of any one lead you into the
sin of deviating from justice Be just: this is the closest
to being God-conscious.
And again, in Surah 4: An-Nisa': 135; the Qur'an emphasizes
the importance of upholding justice:
O ye who believe! Stand out firmly for justice, as
witnesses to Allah, even as against yourselves, or your
parents, or your kin, and whether it be (against) rich or
poor: for Allah can best protect both. Follow not the lusts
(of your hearts), lest ye serve, and if ye distort
(justice) or decline to do justice, verily Allah is
well-acquainted with all that ye do.
In the context of justice, the Qur'an uses two concepts:
"`adl" and "ihsan." Both are enjoined, and both are related
to the idea of "balance," but they are not identical in
meaning. "`Adl" is defined by A.A.A. Fyzee, a well known
scholar of Islam, as "to be equal, neither more nor less."
Explaining this concept, Fyzee wrote: "in a court of
Justice the claims of the two parties must be considered
evenly, without undue stress being laid upon one side or
the other. Justice introducing the balance in the form of
scales that are evenly balanced." "`Adl" was described in
similar terms by Abu'l Kalam Azad, a famous translator of
the Qur'an and noted writer, who stated: "What is justice
but the avoiding of excess? There should be neither too
much nor too little; hence the use of scales as the emblems
of justice." Lest any one try to do too much or too little,
the Qur'an points out that no human being can carry
another's burden or attain anything without striving for it
(Surah 53: An-Najm: 38-39).
Recognizing individual merit is a part of "`adl," the
Qur'an teaches that merit is not determined by lineage,
sex, wealth, worldly success, or religion, but by
righteousness. Righteousness consists of both right
"belief" ("iman") and just "action" ("`amal") as clearly
indicated by Surah 2: Al-Baqarah: 177, which states:
It is not righteousness that ye turn your faces towards
East or West; but it is righteousness to believe in God and
the Last Day, and the Angels, and the Book, and the
Messengers; to spend your substance, out of love for Him,
for your kin, for orphans, for the needy, for the wayfarer,
for those who ask, and for the ransom of slaves; to be
steadfast in prayer, and practice regular charity; to
fulfill the contracts which ye have made; and to be firm
and patient, in pain (or suffering) and adversity, and
throughout all periods of panic. Such are the people of
truth, the God-fearing.
Surah 49: Al-Hujurat: 13 tells us: "The most honoured of
you in the sight of Allah is (he who is) the most righteous
of you." While Surah 4: An-Nisa': 95 distinguishes clearly
between passive believers and those who strive in the cause
of God:
Such of the believers as remain passive -- other than the
disabled -- cannot be deemed equal to those who strive hard
in God's cause with their possessions and their lives God
has exalted those who strive hard with their possessions
and their lives far above those who remain passive.
Although God has promised the ultimate good unto all
(believers), yet has God exalted those who strive hard
above those who remain passive by (promising them) a mighty
reward -- (many) degrees thereof -- and forgiveness of
sins, and His grace; for God is indeed much-forgiving, a
dispenser of grace.
Just as it is in the spirit of "`adl" that special merit be
considered in the matter of rewards, so also special
circumstances are to be considered in the matter of
punishments. For instance, for crimes of unchastity the
Qur'an prescribes identical punishments for a man or a
woman who is proved guilty (Surah 24: An-Nur: 2), but it
differentiates between different classes of women: for the
same crime, a slave woman would receive half, and the
Prophet's consort double, the punishment given to a "free"
Muslim woman (Surah 4: An-Nisa':25; Surah 33: Al-Ahzab:
30). In making such a distinction, the Qur'an while
upholding high moral standards, particularly in the case of
the Prophet's wives whose actions have a normative
significance for the community, reflects God's compassion
for women slaves who were socially disadvantaged.
While constantly enjoining "`adl," the Qur'an goes beyond
this concept to "ihsan," which literally means, "restoring
the balance by making up a loss or deficiency." In order to
understand this concept, it is necessary to understand the
nature of the ideal society or community ("ummah")
envisaged by the Qur'an. The word "ummah" comes from the
root "umm" or "mother." The symbols of a mother and
motherly love and compassion are also linked with the two
attributes most characteristic of God, namely, "Rahim" and
"Rahman," both of which are derived from the root "rahm,"
meaning "womb." The ideal "ummah" cares about all its
members just as an ideal mother cares about all her
children, knowing that all are not equal and that each has
different needs. While showing undue favor to any child
would be unjust, a mother who gives to a "handicapped"
child more than she does to her other child or children, is
not acting unjustly but exemplifying the spirit of "ihsan"
by helping to make up the deficiency of a child who is
unable to meet the requirements of life. Thus "ihsan" shows
God's sympathy for the "disadvantaged" segments of human
society (such as women, orphans, slaves, the poor, the
infirm, and the minorities).
RIGHT TO FREEDOM. The Qur'an is deeply concerned about
liberating human beings from every kind of bondage.
Recognizing the human tendency toward dictatorship and
despotism, the Qur'an says with clarity and emphasis in
Surah 3: Al-`Imran: 79:
It is not (possible) that a man, to whom is given the Book,
and Wisdom, and the Prophetic Office, should say to people:
"Be ye my worshippers rather than Allah's." On the contrary
(He would say): "Be ye worshippers of Him Who is truly the
Cherisher of all."
The institution of human slavery is, of course, extremely
important in the context of human freedom. Slavery was
widely prevalent in Arabia at the time of the advent of
Islam, and the Arab economy was based on it. Not only did
the Qur'an insist that slaves be treated in a just and
humane way (Surah 4: An Nisa': 36), but it continually
urged the freeing of slaves. By laying down, in Surah 47:
Muhammad: 4, that prisoners of war were to be set free,
"either by an act of grace or against ransom," the Qur'an
virtually abolished slavery since most slaves were
prisoners of war. Because the Qur'an does not state
explicitly that slavery is abolished, it does not follow
that it is to be continued, particularly in view of the
numerous ways in which the Qur'an seeks to eliminate this
absolute evil. A Book which does not give a king or a
prophet the right to command absolute obedience from
another human being could not possibly sanction slavery in
any sense of the word.
The greatest guarantee of personal freedom for a Muslim
lies in the Qur'anic decree that no one other than God can
limit human freedom (Surah 42: Ash-Shura: 21), and in the
statement that "Judgment (as to what is right and what is
wrong) rests with God alone" (Surah 12: Yusuf: 40). Since
the principle of mutual consultation ("shura") is mandatory
(Surah 42: Ash-Shura: 38), it is a Muslim's fundamental
right, as well as responsibility, to participate in as many
aspects of the community's life as possible.
The Qur'anic proclamation in Surah 2: Al-Baqarah: 256:
"There shall be no coercion in matters of faith" guarantees
freedom of religion and worship. This means that, according
to Qur'anic teaching, non-Muslims, living in Muslim
territories, should have the freedom to follow their own
faith-traditions without fear or harassment. A number of
Qur'anic passages state clearly that the responsibility of
the Prophet Muhammad is to communicate the message of God
and not to compel anyone to believe. The right to exercise
free choice in matters of belief is unambiguously endorsed
by the Qur'an in Surah 18: Al-Kahf: 29, which states: "The
Truth is from your Lord: Let him who will believe, and let
him who will, reject (it)."
The Qur'an also makes clear that God will judge human
beings not on the basis of what they profess but on the
basis of their belief and righteous conduct, as indicated
by Surah 2: Al-Baqarah: 62 which states: "Those who believe
(in the Qur'an) and those who follow the Jewish
(scriptures), and the Christians and the Sabians, any who
believe in God and the Last Day, and work righteousness,
shall have their reward saith the Lord; on them shall be no
fear, nor shall they grieve."
The Qur'an recognizes the right to religious freedom not
only in the case of other believers in God, but also in the
case of non-believers in God (if they are not aggressive
toward Muslims). For instance, Surah 6: Al-An'am: 108
states:
Revile not ye those whom they call upon besides God, lest
they out of spite revile God in their ignorance. Thus have
We made alluring to each people its own doings. In the end
will they return to their Lord, and We shall then tell them
the truth of all that they did.
In the context of the human right to exercise religious
freedom, it is important to mention that the Qur'anic
dictum, "Let there be no compulsion in religion" (Surah
2:Al-Baqarah: 256) applies not only to non-Muslims but also
to Muslims. While those who renounced Islam after
professing it and then engaged in "acts of war" against
Muslims were to be treated as enemies and aggressors, the
Qur'an does not prescribe any punishment for non-profession
or renunciation of faith. The decision regarding a person's
ultimate destiny in the hereafter rests with God.
This right to freedom includes the right to be free to tell
the truth. The Qur'anic term for truth is "Haqq" which is
also one of God's most important attributes. Standing up
for the truth is a right and a responsibility which a
Muslim may not disclaim even in the face of the greatest
danger or difficulty (Surah 4: An-Nisa': 135). While the
Qur'an commands believers to testify to the truth, it also
instructs society not to harm persons so testifying (Sura
2: Al-Baqarah: 282).
RIGHT TO PRIVACY. The Qur'an recognizes the need for
privacy as a human right and lays down rules for protecting
an individual's life in the home from undue intrusion from
within or without.
RIGHT TO PROTECTION FROM SLANDER, BACKBITING, AND RIDICULE.
The Qur'an recognizes the right of human beings to be
protected from defamation, sarcasm, offensive nicknames,
and backbiting (Surah 49: Al-Hujurat: 11-12). It also
states that no person is to be maligned on grounds of
assumed guilt and that those who engage in malicious
scandal-mongering will be grievously punished in both this
world and the next (Surah 24: An-Nur: 16-19). Urging
throughout that human beings should treat others with
sensitivity and compassion, the Qur'an points out in Surah
4: An-Nisa': 148-149:
God loves not that evil should be noised abroad in public
speech, except where injustice hath been done; for God is
He who heareth and knoweth all things. Whether ye publish a
good deed or conceal it or cover evil with pardon, verily
God doth blot out (sins) and hath power (in the judgment of
values).
RIGHT TO ACQUIRE KNOWLEDGE. The Qur'an puts the highest
emphasis on the importance of acquiring knowledge. That
knowledge has been at the core of the Islamic world view
from the very beginning is attested to by Surah 96:
Al-`Alaq: 1-5, which Muslims believe to the first
revelation received by the Prophet Muhammad. This passage
reads:
Proclaim! (or Read) in the name of thy Lord and Cherisher,
who created, created man, out of a (mere) clot of congealed
blood. Proclaim! And the Lord is Most Bountiful He who
taught (the use of) the pen taught man that which he knew
not.
Asking rhetorically if those without knowledge can be equal
to those with knowledge (Surah 39: Az-Zumar: 9), the Qur'an
exhorts believers to pray for advancement in knowledge
(Surah 20: Ta-Ha: 114). The famous prayer of the Prophet
Muhammad was "Allah grant me knowledge of the ultimate
nature of things" and one of the best known of all
traditions ("ahadith") is "Seek knowledge even though it be
in China."
According to the Qur'anic perspective, knowledge is a
prerequisite for the creation of a just world in which
authentic peace can prevail. The Qur'an emphasizes the
importance of the pursuit of learning even at the time, and
in the midst, of war, as indicated by Surah 9: At-Tawbah:
122, which states:
With all this, it is not desirable that all of the
believers take the field (in time of war). From within
every group in their midst some shall refrain from going to
war, and shall devote themselves (instead) to acquiring a
deeper knowledge of the Faith, and (thus be able to) teach
their home-coming brethren, so that these (too) might guard
themselves against evil.
RIGHT TO LEAVE ONE'S HOMELAND UNDER OPPRESSIVE CONDITIONS.
According to Qur'anic teaching, a Muslim's ultimate loyalty
must be to God and not to any territory. To fulfill his
Prophetic mission, the Prophet Muhammad decided to leave
his place of birth, Mecca, and emigrated to Medina. This
event ("Hijrah") has great historical and spiritual
significance for Muslims who are called upon to move away
from their place of origin if it becomes an abode of evil
and oppression where they cannot fulfill their obligations
to God or establish justice. In a powerful passage in Surah
4: An-Nisa': 97-100, the Qur'an states:
When angels take the souls of those who die in sin against
their souls, they say: "In what (plight) were ye?" They
reply: "Weak and oppressed were we in the earth." They say:
"Was not the earth of Allah spacious enough for you to move
yourselves away (from evil)?" Such men will find their
abode in Hell -- What an evil refuge! -- except those who
are (really) weak and oppressed -- men, women, and children
who have no means in their power, nor (a guide post) to
direct their way. For these, there is hope that Allah will
forgive for Allah doth blot out (sins) and forgive again
and again. He who forsakes his home in the cause of Allah,
finds in the earth many a refuge, wide and spacious: Should
he die as a refugee from home from Allah and His Messenger,
his reward becomes due and sure with Allah: And Allah is
Oft-Forgiving, Most Merciful.
RIGHT TO DEVELOP ONE'S AESTHETIC SENSIBILITIES AND ENJOY
THE BOUNTIES CREATED BY GOD. As pointed out by Muhammad
Asad, "By declaring that all good and beautiful things of
life, i.e., those which are not expressly prohibited -- are
lawful to the believers, the Qur'an condemns, by
implication, all forms of life-denying asceticism,
world-renunciation and self-mortification." There is a
great difference between the spirit of classical Greece
with its contempt for sense-perception and the Qur'an which
regards physical phenomena as "Signs of God." Some of the
most memorable passages in the Qur'an point to the insight
and wisdom which can be gained by reflecting on the myriad
manifestations of God's creative activity all around us.
The Qur'an tells Muslims that monasticism was not
prescribed by God (Surah 57: A1-Hadid: 27). Though they are
to remember that the hereafter is more important than the
life on earth, Muslims are told to reject the negative view
that it is wrong to enjoy the beauty and bounty of God's
creation.
In Surah 7: Al-A`raf: 32, the Qur'an states:
Say: "Who is there to forbid the beauty which God has
brought forth for His creatures, and the good things from
among the means of sustenance?"
Say: "they are (lawful) in the life of this world unto all
who have attained to faith -- to be theirs alone on
Resurrection Day."
The right to develop one's aesthetic sensibilities so that
one can appreciate beauty in all its forms, and the right
to enjoy what God has provided for the nurture of
humankind, are, thus, rooted in the life-affirming vision
of the Qur'an.
RIGHT TO SUSTENANCE. As pointed out by Surah 11: Hud: 6,
every living creature depends for its sustenance upon God.
A cardinal concept in the Qur'an which underlies the
socio-economic-political system of Islam is that the
ownership of everything belongs not to any person, but to
God. Since God is the universal creator, every creature has
the right to partake of what belongs to God (Surah 6: Al-An
am: 165; Surah 67: Al-Mulk: 15). This means that every
human being has the right to a means of living and that
those who hold economic or political power do not have the
right to deprive others of the basic necessities of life by
misappropriating or misusing resources which have been
created by God for the benefit of humanity in general.
RIGHT TO WORK. According to Qur'anic teaching, every man
and woman has the right to work, whether the work consists
of gainful employment or voluntary service. The fruits of
labor belong to the one who has worked for them --
regardless of whether it is a man or a woman. As Surah 4:
An-Nisa': 32 states: "to men is allotted what they earn,
and to women what they earn."
RIGHT TO "THE GOOD LIFE." The Qur'an upholds the right of
the human being not only to life but to "the good life."
This good life, made up of many elements, becomes possible
when a human being is living in a just environment.
According to Qur'anic teaching, justice is a prerequisite
for peace, and peace is a prerequisite for human
development. In a just society, all the earlier-mentioned
human rights may be exercised without difficulty. In such a
society, other basic rights such as the right to a secure
place of residence, the right to the protection of one's
personal possessions, the right to protection of one's
covenants, and the right to move freely, also exist (see
Surah 2: Al-Baqarah: 229; Surah: Al-`Imran: 17,77; Surah 5:
Al-Ma'idah: 1; Surah 17: Al-Isra': 34; Surah 67: Al-Mulk:
15).
OTHER RIGHTS. Since Qur'anic teaching embraces every aspect
of human life, it contains references to more human rights
than can be mentioned in this short summary. Reference has
been made in the foregoing account to the human rights
which figure most importantly in the Qur'an and which
continue to be of on-going interest and importance in
contemporary Muslim societies. In addition to the rights
mentioned in the foregoing, reference may also be made to
the following: (1) the right to social and judicial
autonomy for minorities; (2) the right to protection of
one's holy places; and (3) the right to return to one's
spiritual center. According to Surah 3: Al-`Imran: 96,
Surah 5: Al-Ma'idah: 97, and Surah 22: Al-Hajj: 25, the
"Ka'ba" in Mecca is the spiritual center of all humankind.
It was here that the Prophet Ibrahim proclaimed the
pilgrimage to all humankind, as pointed out by Surah 2:
Al-Baqarah: 125, Surah 3: Al-`Imran: 96, and Surah 22:
Al-Hajj: 26.
There are indications from across the world of Islam that
an increasing number of Muslims are beginning to reflect
seriously upon these teachings of the Qur'an as they become
disenchanted with capitalism, communism, and Western
democracy. As this reflection deepens, it is likely to lead
to the realization that the supreme task entrusted to human
beings by God, of being God's deputies on earth, can only
be accomplished by establishing justice which the Qur'an
regards as a prerequisite for authentic peace. Without the
elimination of the inequities, inequalities, and injustices
that pervade the personal and collective lives of human
beings, it is not possible to talk about peace in Qur'anic
terms. It is important to note that there is more Qur'anic
legislation pertaining to the establishment of justice in
the context of family relationships than on any other
subject. This points to the assumption implicit in much
Qur'anic legislation, namely, that if human beings can
learn to order their homes justly so that the human rights
of all within its jurisdiction:children, women, and men are
safeguarded, then they can also order their society and the
world at large, justly. In other words, the Qur'an regards
the home as a microcosm of the "ummah" and the world
community, and emphasizes the importance of making it "the
abode of peace" through just living.
* Riffat Hassan, Ph.D. (St. Mary's, Durham),is Professor of
Religious Studies at the University of Louisville.
Excerpted from RELIGIOUS HUMAN RIGHTS IN GLOBAL
PERSPECTIVE: RELIGIOUS PERSPECTIVES 361-86
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