Bismillah, Here are excerpts from the book HUMAN RIGHTS IN ISLAM by 'Allamah Abu al-'A'la Mawdudi. These are Allah endowed rights that we are all obligated to respect, regardless of our personal likes or dislikes.
The masjid is a unit of Islamic government, and its ummah members are its citizens. The resident Imam and his administrators are the same as "government","rulers", "officials of the Islamic State", " The executive head of the government and the members of the assembly ", as they appear in this
book.
Inshallah, we intend to address each of these rights in a more detailed manner.
Peace, Curtis Sharif
Houston, Texas.
RIGHTS OF CITIZENS IN AN ISLAMIC STATE
We
have discussed the human rights in general. Now we would like
to take up the question of rights of the citizens in an Islamic State. As
these rights are more extensive than the general human rights which
have been described earlier, they need separate treatment.
to take up the question of rights of the citizens in an Islamic State. As
these rights are more extensive than the general human rights which
have been described earlier, they need separate treatment.
The Security of Personal Freedom
Islam has also laid down the principle that no citizen can be
imprisoned unless his guilt has been proved in an open court. To arrest
a man only on the basis of suspicion and to throw him into a prison
without proper court proceedings and without providing him a reason-
able opportunity to produce his defence is not permissible in Islam.
imprisoned unless his guilt has been proved in an open court. To arrest
a man only on the basis of suspicion and to throw him into a prison
without proper court proceedings and without providing him a reason-
able opportunity to produce his defence is not permissible in Islam.
The Right to Protest Against Tyranny
Amongst the rights that Islam has conferred on human beings is
the right to protest against government's tyranny. Referring to it the
Quran says: "God does not love evil talk in public unless it is by some-
one who has been injured thereby" (4:148). This means that God
strongly disapproves of abusive language or strong words of condemna-
tion, but the person who has been the victim of injustice or tyranny,
God gives him the right to openly protest against the injury that has
been done to him.
the right to protest against government's tyranny. Referring to it the
Quran says: "God does not love evil talk in public unless it is by some-
one who has been injured thereby" (4:148). This means that God
strongly disapproves of abusive language or strong words of condemna-
tion, but the person who has been the victim of injustice or tyranny,
God gives him the right to openly protest against the injury that has
been done to him.
Freedom of _expression_
Islam gives the right of freedom of thought and _expression_ to all
citizens of the Islamic State on the condition that it should be used
for the propagation of virtue and truth and not for spreading evil and
wickedness. This Islamic concept of freedom of _expression_ is much
superior to the concept prevalent in the West
citizens of the Islamic State on the condition that it should be used
for the propagation of virtue and truth and not for spreading evil and
wickedness. This Islamic concept of freedom of _expression_ is much
superior to the concept prevalent in the West
Equality Before Law by 'Allamah Abu al-'A'la Mawdudi
Islam gives its citizens the right to absolute and complete equality
in the eyes of the law. As far as the Muslims are concerned, there are
clear instructions in the Holy Quran and hadith that in their rights and
obligations they are all equal: "The believers are brothers (to each
other)" (49:10). "If they (disbelievers) repent and keep up prayer and
pay the Ipoor-due, they are your brothers in faith" (9:11). The
Prophet has said that: "The life and blood of Muslims are equally
precious" (Abu Dawud; Ibn Majjah). In another hadith he has said:
"The protection given by all Muslims is equal. Even an ordinary man
of them can grant protection to any man" (al-Bukhari; Muslim
in the eyes of the law. As far as the Muslims are concerned, there are
clear instructions in the Holy Quran and hadith that in their rights and
obligations they are all equal: "The believers are brothers (to each
other)" (49:10). "If they (disbelievers) repent and keep up prayer and
pay the Ipoor-due, they are your brothers in faith" (9:11). The
Prophet has said that: "The life and blood of Muslims are equally
precious" (Abu Dawud; Ibn Majjah). In another hadith he has said:
"The protection given by all Muslims is equal. Even an ordinary man
of them can grant protection to any man" (al-Bukhari; Muslim
Rulers Not Above the Law
Islam clearly insists and demands that all
officials of the Islamic
State, whether he be the head or an ordinary employee, are equal in
the eyes of the law. None of them is above the law or can claim
immunity. Even an ordinary citizen in Islam has the right to put
forward a claim or file a legal complaint against the highest executive of
the country.
State, whether he be the head or an ordinary employee, are equal in
the eyes of the law. None of them is above the law or can claim
immunity. Even an ordinary citizen in Islam has the right to put
forward a claim or file a legal complaint against the highest executive of
the country.
The Right to Avoid Sin
Islam also confers this right on every citizen that he will not be
ordered to commit a sin, a crime or an offence; and if any govern-
ment, or the administrator, or the head of department orders an
individual to do a wrong, then he has the right to refuse to comply with
the order. His refusal to carry out such crime or unjust instructions
would not be regarded as an offence in the eyes of the Islamic law. On
the contrary giving orders to one's subordinates to commit a sin or do a
wrong is itself an offence and such a serious offence that the officer
who gives this sinful order whatever his rank and position may be, is
liable to be summarily dismissed
ordered to commit a sin, a crime or an offence; and if any govern-
ment, or the administrator, or the head of department orders an
individual to do a wrong, then he has the right to refuse to comply with
the order. His refusal to carry out such crime or unjust instructions
would not be regarded as an offence in the eyes of the Islamic law. On
the contrary giving orders to one's subordinates to commit a sin or do a
wrong is itself an offence and such a serious offence that the officer
who gives this sinful order whatever his rank and position may be, is
liable to be summarily dismissed
The Right to Participate in the Affairs of State
According to Islam, governments in this world are actually
representatives (khulafa') of the Creator of the universe, and this
responsibility is not entrusted to any individual or family or a particular
class or group of people but to the entire Muslim nation. The Holy
Quran says: "God has promised to appoint those of you who believe
and do good deeds as (His) representatives on earth" (24:55). This
clearly indicates that khilafah is a collective gift of God in which the
right of every individual Muslim is neither more nor less than the right
of any other person
representatives (khulafa') of the Creator of the universe, and this
responsibility is not entrusted to any individual or family or a particular
class or group of people but to the entire Muslim nation. The Holy
Quran says: "God has promised to appoint those of you who believe
and do good deeds as (His) representatives on earth" (24:55). This
clearly indicates that khilafah is a collective gift of God in which the
right of every individual Muslim is neither more nor less than the right
of any other person
(1) The executive head of the government and the members of the
assembly should be elected by free and independent choice of the
people.
assembly should be elected by free and independent choice of the
people.
(2) The people and their representatives should have the right to
criticize and freely express their opinions.
(3) The real conditions of the country should be brought before
the people without suppressing any fact so that they may be able to
form their opinion about whether the government is working properly
or not.
(4) There should be adequate guarantee that only those people
who have the support of the masses should rule over the country and
those who fail to win this support should be removed from their
position of authority.
criticize and freely express their opinions.
(3) The real conditions of the country should be brought before
the people without suppressing any fact so that they may be able to
form their opinion about whether the government is working properly
or not.
(4) There should be adequate guarantee that only those people
who have the support of the masses should rule over the country and
those who fail to win this support should be removed from their
position of authority.
Reference:
HUMAN RIGHTS IN ISLAM
by 'Allamah Abu al-'A'la Mawdudi
al Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407
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{Invite (mankind, O Muhammad ) to the Way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue with them in a way that is better. Truly, your Lord knows best who has gone astray from His Path, and He is the Best Aware of those who are guided.}
(Holy Quran-16:125)
{And who is better in speech than he who [says: "My Lord is Allah (believes in His Oneness)," and then stands straight (acts upon His Order), and] invites (men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I am one of the Muslims."} (Holy Quran-41:33)
The prophet (peace and blessings of Allah be upon him) said: "By Allah, if Allah guides one person by you, it is better for you than the best types of camels." [al-Bukhaaree, Muslim]
The prophet (peace and blessings of Allah be upon him) also said, "Whoever calls to guidance will have a reward similar to the reward of the one who follows him, without the reward of either of them being lessened at all."
[Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah]
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