DARĀMADĪ BAR NIẒĀM-E ḤUQŪQ-E BASHAR-E ISLĀMĪ. [AN INTRODUCTION TO ISLAMIC HUMAN RIGHTS SYSTEM]. By Abbas Khajehpiri. Tehran. Iran: Āsār-e Sabz. 2021. Pp. 147. Paper. 600,000 IRR
The concept of human rights, given its innate nature, is as old as humanity itself. Historians, in their studies, have uncovered documents dating back more than 2,000 years before the Common Era, which emphasize the natural rights and fundamental freedoms of human beings. Numerous works have been written on this subject, but this particular text seeks to succinctly present Islamic teachings on human rights, contextualized within the historical emergence of Islam, in order to acquaint readers with the genuine Islamic perspective on this matter.
This work is divided into six chapters. The first chapter outlines the principles of Islamic human rights. The first principle is Tawhid (monotheism). Belief in the oneness of God is the most effective and fundamental axis for achieving equality, brotherhood, and unity among the people of a society. The second principle is equality and the abolition of relative superiority. After establishing Tawhid, Islam abolished the tribal privileges that were prevalent not only in Arab societies but in all societies of that era. During the Farewell Pilgrimage, the Prophet Muhammad reminded all Muslims of their brotherhood, and in the final year of his life, he declared to a large gathering that their God is one, that they are all created from the same parents, and that no one has racial superiority over another. The most honorable among them, he said, is the most pious. Thus, the declaration of human equality was issued at that time. The third principle is virtue based on faith and piety. Islam is a religion where superiority is based solely on merit and personal conduct, as stated in the Quran (49:13): “The most noble among you in the sight of God is the most righteous.” The Prophet also emphasized that only righteous deeds are the criteria for superiority, not wealth, lineage, or social status. Another principle is the unity of the Ummah(community). The purpose of forming a unified Ummah in Islam, beyond spiritual aspects and human felicity, includes material and worldly dimensions. Islam, through this policy, envisions the establishment of a political organization where all Islamic societies unite as one Ummah to establish justice. Another principle is the redistribution of wealth and resources in society. Among the social and economic principles of Islam is the serious fight against poverty and the existence of economic classes in Islamic society, as well as the obligation of the wealthy to support the poor. Islam’s attention to poverty is such that it considers the poor to have a share in the wealth of the rich, hence the obligation of Zakat and Khums (charitable giving). In a narration from Imam Ali, it is stated that God has made the sustenance of the poor obligatory in the wealth of the rich, so no poor person remains hungry except due to the failure of the wealthy to give them their due, and such individuals will be held accountable by God on the Day of Judgment. Another principle is the sanctity of human life. In Islamic legal sources, it is repeatedly emphasized that taking the life of an innocent person is equivalent to killing all of humanity. Another principle is the granting of fundamental freedoms, including freedom of thought, expression, and belief. Another principle is the absolute sovereignty of God, meaning that ultimate authority belongs to God, and humans are His vicegerents on Earth, entrusted with the authority to govern their own destiny and establish divine governance. Another principle is the public participation of people in determining their destiny and the establishment of democracy. Another principle is the abolition of slavery. Islam, by declaring the equality of individuals in terms of humanity and enacting laws to abolish slavery, took a significant step in this direction. Among other important principles is the attention to women and the recognition of women’s rights in society, with the Quran being the reviver of women’s rights. Another principle is the right of individuals to social rights, such as the right to choose their place of residence, security, family formation, and employment.
In the second chapter, the issue of Islam and the right to life is discussed. From an Islamic perspective, life is a divine gift guaranteed to every human being. The value of human life is based on the inherent worth of human existence and the abhorrence of violating it. According to this principle, killing an innocent person is considered a violation of the essence of humanity and the degradation of the sanctity of life. Every Muslim is obligated not only to protect their own life but also to defend the lives of others who are under threat. Therefore, taking the life of another is considered the gravest sin in Islam. The philosophy behind the laws of Qisas (retribution) and Diyat (blood money) in Islamic jurisprudence is to protect lives and prevent unlawful aggression against the life and health of others. However, Islam’s protection of human life is not limited to life after birth but extends to the life of the fetus, hence abortion is considered a crime in Islam. Life in Islam has both material and spiritual dimensions. Material life refers to natural existence in this world, while spiritual life refers to the avoidance of moral corruption, which leads to the true life of a human being and the perfection of their divine aspect. The author then compares the right to life in Islamic and Western legal systems, noting that the Islamic human rights system views the right to life as a divine gift, while the Western system bases it on a humanistic perspective. Thus, the Western legal system considers the right to life as absolute and unlimited, while the Islamic legal system conditions it within the framework of Islamic teachings. Additionally, the Islamic legal system emphasizes both the material and spiritual dimensions of life, whereas the Western system interprets the right to life in purely material terms.
In the third chapter, the author discusses the right to privacy. Today, the issue of privacy, especially with the development of communication technologies, holds significant importance in human rights discourse. The foundations of the right to privacy in Islam include: 1. The principle of inherent human dignity, 2. The principle of non-interference in others’ affairs, 3. The principle of the sanctity of life, property, and honor of Muslims, 4. The principle of personal sovereignty, and 5. The principle of reason and conscience in respecting others’ privacy. The author then compares Islamic and Western perspectives on the right to privacy, noting that the historical precedence of this discussion in Islam predates the West, where it emerged in the 19th century, while in Islam, it has been discussed for over 1,400 years. In Islam, this right is considered natural and sacred, whereas in the Western legal system, it is seen as the result of agreements among states and nations.
In the fourth chapter, the right to personal security is addressed. Security is considered one of the natural and innate needs of humans, dating back to the earliest existence of humans on Earth. The efforts of early humans to create weapons from simple tools and their pursuit of advanced weaponry are rooted in their need for security. In Islam, security is considered a great divine blessing, and Islamic law prescribes severe punishments for those who threaten individual or societal security. The Quran states that security and peace of mind are the results of faith and remembrance of God. The scope of social security includes the collective rights and activities of individuals in society that are not private, ensuring the protection of all members of society from threats and unlawful actions by the government, its agents, or even specific groups or individuals. Alongside social security, personal security is of paramount importance. Personal security refers to a state in which an individual lives free from fear of harm to their life, property, or honor. In essence, personal security is achieved when an individual is free to enjoy their personal rights and freedoms. From an Islamic perspective, personal security is not merely a political right but a natural right based on the beliefs and religious convictions of individuals and government officials, and it is not the result of the enactment of laws or international conventions. In Islamic thought, personal security for humans means the recognition and stability of their individuality and identity in relation to themselves, God, and the universe, and its absence leads to instability and a crisis of identity in the face of creation.
In the fifth chapter, the topic of Islam and democracy is explored. Democracy in Islam has distinct principles compared to other forms of democracy based on liberal or socialist ideologies. In the Islamic theory of governance, the principle of public participation and the right to self-determination are vested in the people themselves. The legitimacy of an Islamic ruler derives from divine appointment. Additionally, the formation and continuity of government require public acceptance, and without the cooperation of the community, this cannot be achieved. A key pillar of religious democracy is the centrality of justice, which is applied in the selection and appointment of government officials, the administration of society, the enforcement of laws, and the distribution of wealth and resources. Another important principle of democracy in Islam is the centrality of ethics, which is of such importance that the Prophet Muhammad stated that the purpose of his mission was to perfect moral virtues. In the Islamic political system, there is a reciprocal relationship between the rights of the people and the rights of the ruler, including the rights of the ruler over the people, such as the people’s loyalty to their pledge to the ruler, and the rights of the people over the ruler, such as the ruler’s benevolence towards the people and the fair distribution of public wealth. Another principle in religious democracy is the principle of freedom, but this freedom is not understood as license; rather, it is defined within the framework of Islam, just as other ideologies define freedom within specific limits. Absolute freedom from all constraints is not intended, and this freedom should not harm others or violate divine laws. Another principle mentioned here is the principle of public oversight. In a democratic system, public oversight is considered a form of political participation, and in Islamic culture, people ensure that the ruler does not deviate from implementing divine laws or exceed his authority.
In the final chapter, the topic of Islam and freedom is addressed. From the perspective of Islamic Sharia, personal freedom is a natural right for all humans, and everyone is obligated to protect and preserve this human right. In Islam, humans are free, possess will, and have the power of choice. Islam grants freedom to all people without discrimination, and differences such as gender do not affect their enjoyment of civil liberties. According to Islamic Sharia, freedom is not absolute but is limited to the framework set by God, and only God’s will is unconditional and without limits. The author then discusses the fundamental differences between Islamic and Western perspectives on freedom. In Islam, both material and spiritual dimensions are emphasized. Additionally, in Islam, God is the center of creation, while in Western thought, humanism is the basis. In both systems, human happiness is the ultimate goal of creation, but Islamic Sharia considers freedom only a necessary condition for human happiness, while in liberalism, freedom is the highest value for humans and is seen as a sufficient condition for happiness. In Islam, which aims for the spiritual perfection of humans, the interests of humans are prioritized over their desires, while liberal thought considers individual satisfaction as the criterion for human rights, even if it conflicts with their real interests. Another difference between the two systems is the role of servitude to God in human life, as the foundation of all Abrahamic religions, according to the Quran, is the pure worship of God. The most important limit on freedom in liberalism is not infringing on the rights of others, while in Islam, freedom is defined within the framework of Sharia, ensuring that it aligns with one’s best interests.
Gholam Reza Mahmoudi
Tolou International Institute, Qom, Iran.
