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INTRODUCTION: The main purpose of this article is to examine
whether indeed conflicts really exist between Islam and human rights. Islam is
often referred to as one of the Abrahamic religions the other two being Christianity
and Judaism. In some quarters, it is even referred to as a derivative of Christianity.
WHAT ARE HUMAN
RIGHTS?
The concept of human rights can be difficult to define. They
can be said to be rights vital to human existence thus constituting political
and legal standards. They require political and legal implementation through
national, regional and international institutions including if possible
effective monitoring mechanisms. The scope of human rights is limited in that
it does not represent an all encompassing yardstick by which to evaluate
cultures and religions in general. They do not intend to replace highly revered
concepts in different religions such as solidarity in Islam, love in Christianity,
or compassion in Buddhism.
EMERGENCE OF
HUMAN RIGHTS
Heiner Bielefeld posits that the concept of human rights
emerged ONLY in the modern era. To be sure, the idea of modern human rights is
traceable to the after effect of the second world war. It was provoked by the
atrocities committed against non Germans- usually referred to as the holocaust
directed mainly at the Jews.
However, to say that
human rights are a purely western concept is misleading. Even hostile writers
such as Elizabeth Ann Mayer, assert that human rights elements were present in
various societies. A.A PBA asserts correctly that the notion of human rights is
foreign to no culture and native to all nations.
PERCEIVED
AREAS OF CONFLICT
1. LEGAL STATUS OF WOMEN
It is a well known fact that the status of women greatly
improved with the advent of Islam. Under pre-Islamic custom, the bride was
regarded as an object to be purchased. However, under the Quran, the bride is
considered a person whose consent must be obtained to validate a marriage
contract.
One area that has continuously baffled western scholars is
that the idea of complete equal rights is unknown to the Shariah. Polygamy
which is designed to provide for widows and orphans in a pre-modern society is
viewed as mirroring the inequality between the sexes. Also, to conclude a
marriage contract the woman relies on the authority of a male representative to
shape the agreement. The laws of inheritance on its part entitles male heirs to
twice the share to which female heiresses are entitled.
2. RESTRICTIONS ON RELIGIOUS LIBERTY
Religious tolerance shown to non-Muslims in Muslim countries is
seen as falling short of full religious liberty. Non-Muslims were not allowed
to marry Muslim women, they had to pay a special kind of tax and were generally
excluded from military service.
3. CORPORAL PUNISHMENT
Traditional Shariah penalties such as amputating the hand
for theft,amputating a hand and foot for highway robbery seem to be alarming to
western scholars and human rights activists. These punishments known
as the 'hadd punishment' are partly derived from the Qur'an.
THE
POSSIBILITY OF HARMONIZATION
First of all, can we come to a common understanding of these
so called liberties and thereby ensure that these liberties are universally
granted to every member of the society? The answer is an obvious NO. How can human rights
be universal when there are different schools of thought on the subject such as
the pluralists and the relativists to mention a few.
The Islamic model of human rights in particular is striking
in its rigor, its vision and its relevance to modern times. It should be noted
that the distinguishing feature of human entitlement in Islam is that they are
the natural outcomes of a broader practice of faith, deeds, and social behavior
that Muslims believe are divinely mandated.
Having this in mind, one would realize that it differs substantially
from the prominent ideology obtainable in the west that man is the master of
himself. He can do whatsoever he wishes with himself provided his interests do
not hurt his fellow human being. It therefore follows that it is the duty of
the state to enact laws which will facilitate the achievement of his desires
and to avoid laws which will restrict this object. This ideology rejects the
notion of God and his commandments or at best aims at shaping His commandments
to man's whims and caprices. Islam doesn't accept this western view. Islam
subjects men and women under the command of his creator. Criticisms are not
necessarily antagonism. A lot of tolerance, open mindedness and patience is key
on the practicing Muslims in whatever position they occupy. Indeed, they have
to contend with criticisms from two elements- the anti Shariah elements and the zealous
pro -Shariah elements.
Now, back to the question. Is there a possibility of harmony
between Islam and human rights? I do not hesitate to answer in the affirmative.
However, the first step towards harmony should be acceptance. Acceptance of the
perceived areas of conflict highlighted above.
THE AREAS OF CONFLICT RELATING TO WOMEN
Under the Islamic law, women have the right to own property,
businesses, vote, receive inheritance do much more. The basis of needing a male
authority(wali) is based on the Quranic verse of arrijalu qawamuna... found in
Quran 4 verse 4. It would be better for the society if women find strength in
their inherent nature rather than try to emulate men in all spheres of life.
Additionally, a woman is to be provided for despite having
her own money! Subhanallah (Glory be to Allah), how merciful HE is. Thus her entitlement to half
the share of a man. It follows therefore that part of the man's share comes
back to her whilst he is catering for her. What could be more dignifying than
this. One point that is obvious from reading the Quran is that it provides a
departure from the traditional attitude that demeans women. The Qur'an on the
contrary declares both men and women as sharing the same nature. Quran
17:70,Q2:30, Q4:1, and Q7:189 are noteworthy in this regard.
AREAS OF CONFLICT RELATING TO NON-MUSLIMS
It is a historically correct fact that non Muslims under Islamic
law are allowed to practice their religion. A genuine Islamic republic is not
only obligated but mandated to respect diversity. See Q109:6,Q:256 and Q60:8-9.
The great and noble liberator Salahuddin Al-Ayyubi washed
the streets of Jerusalem with rosewater after liberating it when the Christian
populace were certain that brutal slaughter awaited them once the conquering
army marched through the gates.
A Muslim male may also marry a Jew or Christian. However, a Muslim
woman cannot marry a non Muslim man. This is because a Muslim woman would not
receive due respect for her religious beliefs by a non Muslim husband.
Furthermore, a marriage between persons of completely different faiths would
necessarily break down.
AREAS OF CONFLICT REGARDING CORPORAL PUNISHMENT
As regards corporal punishment, the caliph Umar was often
not quick to use corporal punishment and would even set an accused free once it
was established that for example, he stole due to poverty. We should in my
opinion not concentrate on corporal punishment but rather concentrate on the
methods Islam uses to abolish poverty, unlawful intercourse between the sexes,
free mixing and all other vices so there won't be need for corporal punishment.
CONCLUSION
This article has attempted to highlight the areas Islamic
law is perceived not to be at par with modern human rights. It has attempted to
examine the emergence of human rights, particularly modern human rights. It has
also examined the possibility of harmonization of the two seemingly divergent
concepts and concludes that, albeit the difference , Muslims should always bear
in mind that we are not made for this world alone. We have guiding principles
which are the Qur'an and the hadith. Thus, we do not conform to a 'normative'
standard. We are fundamentally different from the rest of the world and should
strive to remain and have strength in our weaknesses.
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REFERENCES
Heiner Bielefeld:Muslim voices in the human rights debate
Human Rights Quarterly 17.4 (1995)
A.A Oba:Improving women's access to justice and the quality
of administration of Islamic justice in Nigeria published by Women's aid
collective Enugu/Port Harcourt and women's advocates research and documentation
centre available at http://works.be press.com/abdulmumini_oba/3/
M.T Ladan: Women's rights, access to and administration of
justice under Shariah in Nigeria available at http://works.bepress.com/abdulmumini_oba/3/
Ann Elizabeth Mayers: Islam and human rights: Tradition and
Politics 148(1991)
Wiebke Walter:Women in Islam from medieval to modern times
47(1993)
Ahmad Farrah,: Human Rights and Liberties in Islam in HUMAN
RIGHTS IN A PLURALIST WORLD:INDIVIDUALS AND COLLECTIVITIES 141 (Jan Betting et
all 1990)
The Holy Quran:Yusuf Ali Translation
Azra Awan: Human rights in Islam available at
www.whyislam.org/islam123/human-rights-in-islam/