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The Principles of Rights As Reflected In the Sahifah Sajjadiyah
By: Ayatullah Abdullah Javadi Amuli
In the last part of this article, it is good to cast a glance at the glorious book of Imam Sajjad (A.S.)
Through this, one may learn useful legal lessons and perceive how the difference of principles of rights of one person affects his approach towards rights. Now let us try to present in isolated titles the principles of human rights as reflected in the legal treatise of that great Imam.
The Philosophy of Human Rights
The legal treatise has been included in the works of some great scholars. The original treatise as narrated by Abu Hamza Thamali and other narrators, includes the philosophy of rights and legal cases, that is in the same year the Late Shaykh Saduq has stated in Khasal1 and has also come in Tuhaf al-Uqul2 and not what is stated in “Min la Yafzaruh al-faqih.”3 The text included here begins with legal cases and does not include the first part of the treatise, that is the philosophy of rights.
The philosophical statement of the rights included in this treatise is such that the Imam begins with his world vision. In this introduction, Hazrat Sajjad states, “Know that your Lord has some rights towards you which control in every move you make, in the place where you are, in the place where you sit, in the part which you move and in the tool which you apply. Some of these rights are greater than the others and the greatest is that which has been made incumbent upon you and it is the essence of all other rights. Then, the turn comes to the rights which have been made incumbent upon your soul, the rights from the head to the toe.”4
From this statement, it may be concluded that the foundation of all rights is oneness of God. Freedom, justice, order etc is not the goal of human rights, but procedures for achieving that ultimate goal, that is visiting the Lord. Before reaching this goal, one may ask oneself. “Where am I going?” However, when you reach that destination, you have transcended the borders.
If this foundation is excluded from the rights, there remains only a little necessity and unnecessity. As they extract rose water from the rose, there remains only a scentless thing. In the ninth chapter of the celebrated book of Isharat of the late Muhaqqiq Tusi, he passes judgment on the words of Avicenna. That is, after employing so many proofs and reasons to prove the necessity of mission, he asks what is the goal anyway? If the goal is reaching after an organized way of life, one can reach this without inspiration as some communities have reached it.5 Of course Avicenna has brought up the discussion of prophecy free from this criticism in the mystical discussions of that book and has considered the goal as finding mysticism of the people and visiting the Lord.6
He who worships God, will make this worship as a means to visit God, “O ye who believe! Be mindful of your duty to Allah, and seek the way of appoach unto him.” (Surah al-Maidah 5:35)
He who does this is indeed the one who is standing on the ladder, he who climbs up the ladder, if he forgets the ladder and moves it away, will fall down from the height. The pious man as well climbs up the ladder to reach intuition and never forgets worship. At the same time, he does not regard it as his goal. All the worships are the firm bonds with God. He who seeks after the ultimate goal, must tie to this string, “He who believeth in Allah has grasped a firm handhold which will never break.” (Surah al-Baqarah 2:256)
The Holy Qur’an shows us why the right of oneness of God is prior to all other rights. The Holy Qur’an regards the entire universe to be the divine grace and every creature-from the angel to the heaven to be the signs of God. This is relevant to the principle of existence. However, from the viewpoint of the knowledge of God, the Holy Qur'an states that the knowledge of God runs in the knowledge of everything, that is before anything else, one has to know God. This truth is thus stated in the Holy Qur'an, “Verily, Allah is visible through everything.” (Surah al-Haj 22:117, Surah as-Saba 34:44, Surah al-Fussilat 41:53, Surah al-Mujadilah 58:6)
To understand this, it must be noted that in this verse, the letter ala has been used not the letter ba. In the statement, “God is witness to everything”, the idea is that God is cognizant of it. But in this verse, there is the mention of the vision of God before anything else. On this basis, in the Surah of alÂFussilat (Distinguished), the same verse is included with the view to putting aside doubt with the vision of God. If the meaning of this verse is that God is cognizant of everything, has it been enough to eliminate the doubts of those who were in doubts? Let us cast a glance at that verse in the Sura of al Fussilat, (Distinguished) “Doth not thy Lord suffice, since He is Witness over things? How! Are they still in doubt about the meeting with their Lord?” (Surah al-Fussilat 41:53-54)
Aye, man recognizes the light first before knowing other things and then he comes to know that thing. Then, there will remain no doubt as to the existence of light. On this basis, the knowledge of God runs in the knowledge of eveything else. Therefore, the proving of other rights in the universe and their knowledge arises from proving the existence of God which is the main concern and from theology and monotheistic world vision.
The delicate point derived from this matter is that the signs of the same statement of Imam Sajjad are present in other parts of the treatise. After this introduction, the turn comes to proposing legal issues. Imam Sajjad reminds us that the foundation of all rights is oneness of God. This reminding is manifested in two ways. Sometimes with the phrase of “billah nasta'in.”7 And sometimes with the phrase of "there is no power save God."
Having expounded the philosophy of rights, the venerable Imam teaches the rights one by one and some of these rights are superior to some others as the philosophy of rights is dominant in all of them. Now we shall refer to four legal cases to show glimses of what is stated in the fifth and sixth chapters of the book.
The Right of God over Men
The first right stated by the venerable Imam is the right of God towards the servants. “But the greater right of God is this that you worship Him and take none as His partner. So every time you uphold this right with sincerity, God has made incumbent upon Himself to render you needless and guard whatever is dear to you.”8
In this regard, the minor syllogism comes from the general principle of the Holy Qur'an. The Holy Qur’an has asked us, “Doth God not suffice his servant” (Surah az- Zumar 39:39)
And we have answered, “You are our guardian.” (Surah as-Saba 34:41)
The Imam states that the efficiency involved is that man should pay God’s right which is the greatest right. And that right includes believing sincerely in God. He who has God before his eyes in everything can entertain this pure oneness in his heart. It is appropriate here to quote Kashaf al-Ghata. Like some other jurisprudents, he believes that “bi hawlillah” (I rise with Allah’s power) is the continuation of the prostration prayer. He believes that “I sit” along with: “I rise with the power of God” indicates that man needs God in things which demand power and energy and he is dependent upon Him in actions like sitting.9 Hence, man is in constant need of God and he who remembers this need, will have in mind the right of God. Hence, the worshippers whether sitting or standing need say that.
If someone reaches this stage of gratefulness to God, then all his dhikrs (remembrances of Allah) are like prayer and all his deeds are prayer and worship. There is a hadith that says, “He who has God in mind constantly is like one constantly praying.”10 The Holy Qur'an says something similar, “Those who are constantly praying.” (Surah al-Ma’arij 70:23)
It must not be supposed that in this verse, there is talk of the timely worshippers. That idea is suggested in this verse, “Those who guard their prayers.” (Surah al-Mu’minun 23:9)
Baba Tahir’s quatrain suggests the same idea, “blessed be those who are constantly praying.”
The Right of Oneself over Oneself
In another part of the treatise, Imam Sajjad speaks of the right of oneself over oneself. In the Islamic thinking, man is not his own owner so he may treat himself the way he desires. This prayer all the prophets sing, “those who know no benefit for themselves, no harm, no death, no life and no resurrection.”11
Then it may be asked why Moses said to God; “I am the only master of myself and my brother.” (Surah al-Ma’idah 5:25)
Of course it is probable that the meaning of the verse be such, “I am the master of myself and my brother is the master of himself.” In answer, it must be said that here, there is talk of religious ownership not genetic ownership. Moses speaks to God and asks Him whether he is the master of himself and his brother is the master of himself or that everyone is their own master and no one can draw them to God. But what has come in the prayer of all prophets is genetic ownership; namely that man is not genetic owner of himself, therefore he does not have any sort of right and must pay his rights.
The Right of Non-Muslims
Now we shall talk of the last part of that treatise. As you observed, we were determined to present some of the manifestations of the principles of Islamic thinking, and we do not consider even a drop of that sea. Therefore, we shall talk of the last part, “The rights of the non-Muslims (who are with you in this land and live in shelter of the Muslims) are that you accept from them whatever God has accepted from them; and accomplish whatever God has promised them. You do not have to be cruel to them and you have to leave them with the promises they have made; and decree as God has placed between you and them. You do not have to be cruel to them and you have to observe whatever God has placed as their rights; because the news has come to us that the holy Prophet said: I am the foe of those who are cruel to the non-Muslims with whom they have made promises.”12
You see how the things talked about concerning justice and Islamic conduct are prevalent as to people in other religions in this part of imam’s teachings. In other words, he who tyrannizes an infidel, has shown animosity towards the holy Prophet. These types of teachings clearly show that Islam is an all-pervasive religion which has had a pleasant behavior towards people of different religions and never needs the teachings and principles of other religions in this regard.
1. Abwab al-Khamsain ma Fawqah, p.564, narration no.1
2. The chapter on the words of Imam Sajjad, first tradition
3. Vol 15. (Al al-Bayt), chapter 3, p.172, vol.26, chapter 3, p.241
4. Risalat al-Huquq, Majmal al-Huquq, p.7
5. Al-Isharat wa al-Tanbihat, Vol.3, chapter 9, p.374
6. Ibid., Vol.3, chapter 9.
7. Risalat al-Huquq, Haqqullah, p.9
8. Ibid.
9. Kashaf al-Ghata, p.294, line 1
10. Imam Baqir (P.B.U), Wasa’il al-Shi’ah, book of Salat, chapter 1, Al-Dhikr chapters, tradition no. 5.
11. Bihar al-Anwar, Vol.13, chapter 4, p.82, tradition no.9
12. Risalat al-Huquq, Haq al-Zama, p.37
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