وَلَقَدْ كَرَّمْنَا بَنِي ءَادَمَ وَحَمَلْنَاهُمْ فِي الْبَرِّ وَالْبَحْرِ وَرَزَقْنَاهُمْ مِنَ الطَّيِّبَاتِ وَفَضَّلْنَاهُمْ عَلَى كَثِيرٍ مِمَّنْ خَلَقْنَا تَفْضِيلًا(الإسراء 70

We have indeed honored the children of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favors, above a great part of Our Creation. (al-Isra' 17:70)

لَقَدْ أَرْسَلْنَا رُسُلَنَا بِالْبَيِّنَاتِ وَأَنْزَلْنَا مَعَهُمُ الْكِتَابَ وَالْمِيزَانَ لِيَقُومَ النَّاسُ بِالْقِسْطِ وَأَنْزَلْنَا الْحَدِيدَ فِيهِ بَأْسٌ شَدِيدٌ وَمَنَافِعُ لِلنَّاسِ وَلِيَعْلَمَ اللَّهُ مَنْ يَنْصُرُهُ وَرُسُلَهُ بِالْغَيْبِ إِنَّ اللَّهَ قَوِيٌّ عَزِيزٌ(الحديد 25)

We sent aforetime Our Messengers with Clear Signs and sent down with them the Book and the Balance (of Right and Wrong), that humankind may stand forth in justice; and We sent down Iron, in which is (material for) mighty war, as well as many benefits for humankind, that Allah may test who it is that will help, unseen, Him and His Messengers: for Allah is Full of Strength, Exalted in Might (and able to enforce His Will). (al-Hadid 57:25)

The concept of human rights in Islam is based on two important principles: dignity of human beings and justice. Islam emphasizes that all human beings are honored by Allah subhanahu wa ta'ala. Allah wants all human beings to live in peace and harmony and for this reason He wants us to establish justice in this world. Without justice there is no dignity and without dignity and justice there cannot be any peace.

There are four important principles that we must keep in mind when talking about human rights in Islam:

1. Rights are given by Allah.

2. Rights are governed by duties.

3. There is a hierarchy in rights.

4. There are priorities in human relations

1. Rights are given by Allah: The rights in Islam are not just human conventions, or so-called "natural rights" or "social contracts". They are Allah's orders. They should be considered as "permanent values" "universal and eternal standards". They should not be given only to those who shout most or who lobby most, but they should be given even to those who are not yet empowered to speak for themselves, or who are not even aware due to social circumstances to know what rights they should have. The rights are rights even when no one asks for them.

2. Rights are governed by duties: The Shari'ah is the network of rights and responsibilities. There are Huquq (rights) and there are Wajibat (duties). Muslim scholars have debated this issue whether the Huquq come first or the Wajibat come first. Some have emphasized duties and some have emphasized rights. However, both of them are important. It is not possible to have rights without duties. Also there is mutuality between rights and duties. Someone's right is another person's duty and someone's duty is another person's right.

3. Hierarchy in rights: The Shari'ah has special objectives (maqasid). Imam Ghazali, Imam Shatibi and many other scholars have mentioned five basic objectives of the Shari'ah. The Shari' ah came to preserve: 1. Din, 2. Life, 3. Progeny, 4. Intellect, 5. Wealth. But within the Shari'ah there are certain rules that are called Darurat (necessities) and some that are called Hajat (needs) and some that are called Tawassu' and Taysirat (ease and facilities). Preservation of Din is at the top. Life is second most important thing and so on and so forth. Similarly there are things that are Fard (obligatory) and there are things that are Nafl (recommended) and then there are those that Mubah (permissible). In a similar fashion there are some rights that are on the top and then other rights come after them.

4. Priorities in relations: Islam has a detailed scheme in its priorities. All people have rights but no one has a right above Allah's rights. Among the people there are rights of parents, rights of spouses, rights of children, rights of other relatives. There are rights of neighbors. There are rights of employers and employees. There are rights of Muslims and there are rights of other human beings. There are rights of animals, resources and objects. Sometimes there are conflicts between one right and another right and so the question comes what is my first duty. It is for this reason the issue of rights becomes very complex and difficult. The most important thing is to have the fear of Allah in all relations.

Following are some of the rights emphasized in Islam:

1. Protection of life including the right of life of the unborn
2. Protection of property including use, investment and transfer
3. Protection of honor, no defamation, slander or calling of names
4. Protection of privacy.
5. Individual freedom.
6. Right to obtain justice, Due process of law.
7. Freedom from guilt by association
8. Freedom of opinion and expression of opinion
9. Freedom of conscience, belief and worship
10. Right to be equal
11. Right to economic security
12. Right to assembly
13. Right to abstain from sin
14. Right of political involvement
15. Freedom of movement and settlement

By Dr. Muzammil H. Siddiqi

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