ISLAM AND HUMAN RIGHTS
By Gonda Yumitro ( Lecture From University Of Muhammadiyah Malang)
Introduction
In this era, there are some
misundertanding about Islam. Inspite the
comment of Islam as non contextual religion, no tolerance for
differences and reject democracy, Islam is also often associated with the
violation of human rights. Islam has taught a violation of human rights with
the concept of jihad, qishos, and Islamic
state.
This opinion was raised by Ann
Elizabeth Mayer[1].
In his book, Islam and Human Rights, he argued that the principles of human rights
came from Europe, precisely in the time enlightenment period. So that, there is
no relations of human rights to Islam. He said that the British and French thinkers
were the scholars bring human rights as an essential element in political
thought.
The question appeared is does it
right that Islam not respect to the human rights?
Human Rights in Islamic Perspective
Human rights is a basic right
which has already given by God, even before men exist. In Islam, because men is
the caliph of God, then their right have to be governed by God through
revelation.
While in the Arabic language,
the rights derived from the plural word haqq
which is huquk, that means the
creation of facts, truth, justice, and equality. Some scholars such as Imam
shalabi said that haqq means something
in accordance with the truth.
In Islam, human rights based
on respectness (Karamah), freedom (hurruriyah), humanism (insaniah), equation (musawah), usefulness (insaniah), accountability (mas'uliah), cooperation (ta'awun), and fairness (justice). It is also related to legal
issues. In this case, islamic law related to the law which is derived from revelation (Quran and hadiths) and fikh (meaningful understanding and interpretation of the
revelation). Of course the meaning of fiqh
will be very closely related to the using of human reason.
The justification of the truth
of the using the reason as in the hadith
as Muadz bin Jabal, when he would be sent to Yemen. He was asked by the prophet
Muhammad on how to decide issues that are not found from the Qur'an and Sunnah. Then he answered with ijtihad
(use his reason), then the prophet Muhammad agreed. Ijtihad in this case,
including consensus and qiyas.
The issue is how big is the
position of reason. This is why the study of division of religion to be distinguished
in two, worship and mua'amalah, is important. Worship is a relationship between
human being with God, and no change in this law. The reason must totally accept it. While in terms of relations
among human being (mu'amalah), there
is freedom given to use the reason as long as doesnot conflict with Islamic principles.
Does Human Rights Compatible With Islam?
Muslim thinkers like
al-Ghozali said that Islam is very close to the concept of human rights. Even the
concept of human rights in islam is more detailed than the western people's
thinking. In Islam, human right doesnot only related to the individual rights,
but also social rights. So that, islam manage the rights of people in term of
their relations with their family, parents, children, neighbors, leader, etc.
Each person rights should be
protected. They have right to have houses and other facilities, as well as
rights of freedom of expression and opinion. Simply, all the right in Islam
should be guided by the supreme law, the Koran and Sunnah.
Historical Perspective
Islam was born in a society which
was uncivilized. In its development, many badui
people converted to Islam. In that era, the culture of ashobiyah (fanaticism/ exaggeration of the grou) was very strong.
Every groups claimed that their groups was the best.
When Islam came, it offered a
new concept of equality among muslim. There is not one higher than others, the
different is only in term of piety (taqwa).
With this concept, the people including badui felt more respected by Islam.
Classification of Human Rights
Human rights are basically
divided into two, namely privacy and rights relating to the public. The
difference between the two is the emphasis of both for what such rights exist,
the dominant private interests or the public.
Personal right is the rights
which are more dominant with respect to the individual, for instance:
a. Right to
life
In Islam it is forbidden to
kill human being, though only one person without the right reasons. Islam
argued that killing one man actually is similar to killing all mankind. But if
you protect the life of a man, it was similar to protecting the lives of all people.
Or in other Qur'anic verses, it is said that you do not kill people who are not
allowed to be killed, unless you command (by God to do it).
b. Right to
security
Security in this case is not
only for the Muslims, but also for non muslim who don’t attack or in war with
muslims (kafir dzimmi). Prophet
Muhammad said that if you hurt them (kafir
dzimmi) it is similar to hurt me.
c. Right
to be respected
In this case, Islam commands
its follower to respect the human being. Because when someone respect to
another one, he/she will be respected with another. Even in islam, if someone
meet the died person is brough to the buried field, it is command to stand when
he/she is sitting as the respective form.
d. Right
to equality
There are a lot of examples
about this equality. Prophet Muhammad said that nothing more better or higher
(among you) the Arabs or not Arab, but the best is who do the best in their
faith. All human beings are essentially the caliph of God on this earth.
e. Rights
of brotherhood
This right means that islam
arrange the brotherhood noot only based on the blood relationsip, but also
because of religion. All of the muslim in islamic perspective are brothers.
f. Right to
justice
A leader must be fair and lead
in justice. This justice is not only to the human being, but also to the
animal. In the history of the collection of hadith, someone who ever cheated a
chicken can not be accepted as the hadidz messeger. This justice in islam as
mentioned in the Quran that your hearing and your brain will be held
accountable.
Therefore, in
judjing a human problem, someone should act fairly. Clearly, Abu A'la Al Maududi
says, justice is not just for the people one nation, one tribe, nation or race,
but rather justice for the entire muslim community and to all human beings on
earth.
g. Right to
choose
Islam gives freedom to people to choose their
work, recreation, marriage, even in defining religion. For example the word of
God, please go to the corners of the earth and see how God's creation. Or in
other surah, it is explained that there is no compulsion in religion.
While the public's right is,
respect for the individual to the interests of public affairs, such as:
a. Right
to worship
In
this case, Islam understanding that whole life of human being is to worship the
Allah. And this is the real meaning of the pillars of Islam. But understanding
that life is worship, every muslim will act them selves in right way.
b. The right
of state to give punishment
For example, qishos (do similar replies/punishment as
the first action), for example, kill the people who kill, cut people's hands
who stole, etc. The purpose of this law is to minimize the number of
criminality which are happened in society.
c. The right to participate in solving public
affairs
In this case, the life of
mulsim is not only for his/her own self. The most important of life is when
someone can do something which bring benefits for others, such as jihad to keep
the existence of truth, religion and state, zakat to complete poverty, and so
on.
D. The Influences of Western Concept on Islamic Human Rights
When Prophet Muhammad died,
the revelation is no longer conveyed. For some issues which have not been
understood, then the scholars do ijtihad. In the process of simplification,
Islam is divided into several areas such as Aqeedah, Islamic, worship, and
mu'amalah. In further development of jurisprudence, there were several schools.
In addition, because of the
enlargement of Muslim region, there were some influences of previous civilizations in Islam
method of thinking. The developments of new groups raised by the name of
islamic modernization. More of them were influnced by the western method of
thought.
For example in the case of
modernization in Ottoman Turky. Western way of thinking influences the concept
of tax which have to be the obligation of all society either muslim or non
muslim. The said that it is important for the principle of equality. Of course
the scholars who understand the method salafiyyin against this, because in
their perspective muslim should pay zakat and non muslim only who have to pay
tax.
The other thing that Turkey
done was changing the system of the caliphate became a republic system. Turkey
then proclaimed it self as a country that respect to the values of freedom as
contained in the french revolution, which includes equality, freedom, and
freedom of thought and expression as well as Turkey's religion to society.
In contrast with Turkey, in
Egypt, M. Abduh (1849 - 1905) said that what is in the west are now in
principle is already owned by Islam. Through the media of Al-Mannar, he sought
to link Islam with western thought as something that is consistent.
This is why in this era
massive Westernization has already happened. But, Islam will never changed its
system of worship and the traditional understanding related to the religion
principles.
E. Western criticism of Islam and human rights
Western people said that islam doesnot
respect the human rights because of some reasons:
a.
In Islam there is the concept of an
Islamic state (Darur Islam) and not the State of Islam (dar ul kuffar / dar ul
harb).
By this
concept, western argued that islam is not universal. Although it is answered
that the Muslims would provide protection to non-Muslims in the country, both
in terms of welfare, security and freedom as citizens, but the western
criticize and says that what islam given is false because it does not give the
opportunity to non-Muslims to be leaders.
In addition,
we also have to discuss the historical fact that at the time of the prophet,
the responsibilities of a non-Muslims in Muslim countries was very simple. In
the case of taxes, for example, it was not more expensive than the Muslims
zakat. It's just a few facts of history in this era which gave the price of the tax costs more
expensive than zakat.
b. Islam
claims to be the best religion and falsifies previous religions,
For the western people, what
Islam said related to this statement is show that islam want to eliminate other
religions. It means that Islam doesnot appreciate freedom. So that, Islam is
not the religion which really respect to the concept of human rights.
c. Islam
distinguishes humans are dichotomous,
For example, islam has the
concepts of Muslim and non-Muslims, men and
women, and free and slave. They said that islam is not really respect to the
equality of the human being. So that, this condition harm the concept of human
rights.
d.
Islam has a law that does not educate
and inhuman,
Means that Islam is not
civilised religion as like as the state which respect the humang rights of
people. For example, in islam there are the concept of qishos, the death
penalty and amputations. In western perspective, all of those concepts are not
compatible with the principle of the humanity.
F. Which is More Respect to Human Rights?
In respond the opinion of the
west, there are some scientific explanation of why islam support or doing some
actions or have principles and concepts which are critisize by the west. So
that there will be comparation which one is more better and respecting to the
human rights. In this case, inspite the concept of the revelation, the islam
will be seen based on how the prophet Muhammad became the leader in Medina.
a. West should not generalize the sociological
facts as the Islam it self. Because in reality, not all of the western
countries, even in America is free from discrimination. The authors of the west, for example, are are
often explain the Sudan issue as an example of islamic discrimination to other
faiths. This should not happen because Sudan is not representative of Islam.
b. Issue of Islamic claim as the best religion is
not something very serious because every religion must do it. So when Islam
claims to be the best religion, it is reasonable if it is delivered by a
Muslim. That is not to say Islam considers other religions must be abolished.
If so, Islam would not have to have a concept about relationships with other
faiths.
Moreover, it
is clearly in Islam, that there are a few verses and hadith which states that there is no compulsion in religion, your
religion for you and for me my religion. Or the prophet Muhammad says do not hurt people (non muslim) who do not
fight Islam because it is tantamount to hurt me. And clearly visible in the
history of how the prophet had an agreement and live in harmony with other
faiths.
c. About the concept of Muslims and non Muslims,
as the above argument, this concept also will be used in other religions. If no
mention of identity, how the religious orders will be done. As for men, women,
freemen and slaves, in the case in God's view of Islam does not differentiate
from each other, unless the level of their faith before God.
Unlike the
case with social issues, it was already proven how dangerous especially
children's education, moral nation, and the family unit if a woman is no more a
role in the household. God has already distinguished men and women instinctively
and physically different. A woman for example, serves to conceive and bear
children, it is impossible for a man for doing such kind of roles. The question
is, if men and women had been different in function, whether it should be
forced to have the same role?. If yes, then it is seen as a rejection of naturality..
In the case
of slavery, for example, in the public system in this era, either in western
society, it is impossible that the employee will act as the role of manager.
What islam want to explain is that someone must act in accordance with the
position and capabilities him/her self.
d. Islam is considered as unhumanistic religion because
its concept of doing qishos, capital punishment, or the cutting off of hands.
This opinins is not right because what islam want to do the desired effect to
prevent such similar crimes in the future within the community. In reality,
where there is no such kind of clear and strong punishment in current time, the
crime increase significantly.
F. Conclusion
Based on the explanation
above, we can conclude that Islam is a religion which very respect to the human
rights, not only in term of individual rights, but also social rights. In some
time, when Islam put the social rights should be done first though it hurt the
individual rights, the western people critisize islam as false religion which
has no concept of human rights.
But, if we try to analyse
clearly, there will be reason that the life of human being does not only based
on the life of one person, because every body will have differenct interests
with anothers. So that, the common interests of people should be respected
first. But it doesnot mean that the individual rights cannot exist. Even, this
is the way to protect the rights of individual.
Moreover, through this
concept- which respect the individual and social rights- Islam shows that its
human rights concept is much more complete and advance than the western concept
of human rights.
References
Malin Delling. 2004. Islam and Human Rights (master Thesis). School of Economics
Abdul-Rahman al-Sheha. Human Rights in
IslamAnd Common Misconceptions. Islam Land
Diana Brown.2008. Political Islam and Human Rights. Humanism Ireland . No 113
. November-December.
Robert Dickson Crane. 2007. Human Rights in Traditionalist Islam: Legal,
Political, Economic,and Spiritual Perspectives. Essay in panel discussion
on February 21,at the International Institute of Islamic Thought.
Abul
A’la AlMaududi. 1980. Human Rights in
Islam. United KingdomThe Islamic Foundation.
[1]Ann Elizabeth Mayer. 2007.Islam and Human Rigts, Tradition and
Politics (fourth Edition). America :
Westview Press
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