Philosophical and Mystical Principles of Human Rights in Islam

By: Dr. Sayyid Mustafa Muhaqqiq Damad
The origin of the principal difference between the Islam's and the West's views of human rights in this connection is in their sources. In Islam, human rights are founded on philosophical and mystical principles, which are necessarily in accordance and coordinated with religious laws. The following is a brief account of these principles:
1. The principle of man's dignity: In the Noble Qur'an man is regarded as a creature to whom God has disposed dignity (I have given dignity to Adam's children, (17:70). Such dignity is a theoretical value that can have practical implications. Man's dignity from the perspective of the Qur'an is not a credential but a real affairs, indicting that in existential dimension, man is prominent and credited. That is to say that man is the supreme creature of the universe. That is the reason why God, after the creation of man, demands of Satan, "Why did you not prostrate yourself to what I created with my own two hands?"
This theoretical dignity can carry along with it valuable and practical generosities. For the sake of this dignity, all the ethical and legal education should be in full conformity with it. As soon as one accepts that man is a dignified and precious gem, one automatically believes that no only freedom and security are his rights, but also they should be so arranged and interpreted as to conform with one's dignity.
2. The principle of man's demand for God: In principle, man demands for God. Man feels God at the bottom of his heart though he does not see His face. Man's need for God is not unconscious, nor is it compulsory. One should not think of God as an unknown thing whom one cannot find. Man looks for God who is familiar and by Whom he is fascinated. According to a law of theosophy, man's existence is not separate and independent, but it is thoroughly dependent and linked. Yet this linked existence is not connected to another being with a linked existence; it is linked to an independent creature. Man is nothing more than this very dependency and linkage. It should not be deemed that man is a creature capable of praising God, but that man's relation with God is rooted in man's intrinsic flaws and his mere need of God:
"O men, you are the ones that have need of God,"(35:15)
In this verse, both truths are included: firstly, man's existence is not independent; and secondly, man's connection is only to God, not to any other creature.
As a result, any legal order or arrangement for man should conform to his spirit of God-demanding. Those legal teachings presupposing independent existence for man, or relating him to someone other than God, do not stem from the source are often prone to error in adaptation otherwise they know that man is a dependent creature. Pagans too are fond of something or someone and trust in it or in him. Here, the difference is that they have chosen something other than God as an independent creature, and have slipped into wrong ways at the adaptation stage.
3. The principle of man's immortality: One of the other advantages of Islamic human rights is that man never vanishes. This claim may be realized through reasoning or citation. The Noble Qur'an regard man as a creature possessing a soul, who is believed to enter another world after leaving this world, and who will enjoy eternal life there. Theosophy too considers man as having abstract soul, and states that this soul is immortal. From the theosophical perspective, only man's body dies, and death is simply the separation of body from soul. And when following the God's will, this separation ends, the soul will be united with the body appropriate for the next world.
This principle has been adopted by all humans, and the existing differences are the outcome of mal adaptation. All human beings demand longer life, and make every effort to live a little bit longer. This reveals that man looks for immortality by nature. However, in the course of adaptation, some believe that eternity belongs to this world, whereas both man and the present world are sojourners. Of course, man reaches his mid-abode after death and then moves on to the great resurrection. In contrast, the world goes straight ahead to the great resurrection. The Qur'an regards the whole universal system as moving like man, towards God. The universe also goes towards doomsday to testify in favor of or against the deeds of its passengers, or to complain about their deeds, or to intercede for them. It is cited in our traditions that the present world and its elements witness our deeds or complain or intercede for us.(1) Therefore, all humans seek immortality, but some think of the present world as being eternal, and do not know that eternity belongs to the soul, not matter, and that whatever remains eternal from them, do not include the material things of tins world or wealth.
This foolish idea has been urging the material and layman to become rich so that he can have access to eternal life by his fortune, and to destroy or control death. The Noble Qur'an considers this idea false and unripe, and reveals the pure eternity:
"Whatever is at your disposal is doomed to die, and whatever is at God's disposal lasts for ever. "(16:96)
4. The principle of eventual peace for man: It might be assumed that eternity means reaching the peaceful abode, however, these two are different. One may think of an eternal creature which never reaches its abode, and is always astonished and wandering. The Noble Qur'an uses a delicate metaphor to indicate that there is an aim in the universal system:
"They will question thee concerning the Hour, when it [universe] shall berth. "(7:187)
According to this interpretation, the whole universe resembles a ship moving in the ocean of nature. This ship is not likely to move for ever; sooner or later it should drop anchor. In other words, it may be inferred that the universe will stop moving one day, and will reach its destiny, which is the doomsday of th( universe and man, when man meets God. Accordingly, one of th( terms used instead of paradise is Eden, which means the peaceful abode.
5. The principle of the world of being and man's genesis relation: Man, the unique eternal gem, has an everlasting connection with all elements of existence. That explains the impact of his deeds on his life and soul. Man's speech, writing and behavior affects his temperament: these are either enlightening or darkening. For the same reason, one can find no legal rule that is not somehow related to man's temper and destiny. With the acceptance of this principle, one can no longer claim that man is free to do anything he wishes on his own.
The effect of different foods are different. The true words differ from the false ones. Each of these have different outcomes Sin, for instance, takes the brightness of the heart's mirror and replaces it with darkness:
"No indeed; but what they were earning has rusted upon their hearts. "(83:14)
When the heart's pores are covered with specks of dust representing sins, and the dust is not removed, the heart gets dark gradually, and one loses his senses of sight and hearing. Even good and bad memories affect man's soul. An indecent and sinful look at someone covers the heart with dust. At the time, man's eyes, ears nd tongue are apparently active, but in reality, they are not. The Qur'an refers to the eyes but clearly that it is only an instance, not he only one; the same is true with ears, the tongue as well as other organs:
"It is not the eyes that are blind, but blind are the hearts within the breasts. " (22:46)
On the same basis, God sends his message and true words to people, yet there are some groups who do not hear and comprehend them. This verse from Surah al-Hajj represents many other verses which call sinners blind, deaf and dumb. Thus, in the divine view, man's actions have a profound impact on his soul, so much so that in some cases these actions do not conform to or resemble his appearance.
The history of human rights in Islam
To identify the history of human rights in Islam, one should divide it into the following parts, and study them independently.
1) The history of the creation of human rights in Islam, and
2) the history of compilation of human rights in Islam.
In relation to the first part, it should be noted that the collection of Islamic laws comprises the verses of the Noble Qur'an the Prophet's statements, his deeds and advice. Consequently, the citation of typical verses and traditions would suffice in this part.
1. In one of the fractions, it is stated that, "believers' friendsnip, kindness resembles a unique body in which the pain and injury of one organ causes pain and fever in other organs signifying their sympathy and empathy".(1)
This tradition makes the point that the members of the religious look like a body whose organs have kindness, sympathy and sentiment. The balance of values of the individual and society is emphasized. In Islam's view, values and roles and social creativity are rooted in individuals, and therefore, individual development is a major aim of life. Yet the value and nobility of the society is never ignored. To sacrifice society for the individual is illogical and in the direction of destroying values. The sacrifice of the individual for society is equally destructive and damages values and stops the development of man.
2. There is another tradition saying that: "Community satisfaction reflects the firm foundation of unity and integrity"(2) it is the basis of democracy in Islamic political thought. Without the community's satisfaction, the political system loses its legitimacy.
"Surely this community of yours is one community, and I am your Lord; so serve Me. "(21:92)
It is implied in one of the verses that in the Islamic theory of community, the individual, in terms of perception, will, freedom and belief in high values, accepts the totality of society, nation and community, and the individual devotes or sometimes sacrifices himself to save them. This is the highest stage of man's freedom.
4. In Islam's world view, the right to freedom and will is man's undeniable right under every condition, and man cannot be deprived of it. The Qur'an's verses clearly point to these views: "Surely we guided him upon the way whether be thankful or unthankful. " (76:3)
"So let whosoever will believe, and let whosoever will disbelieve" (18:29)
5. In Islam's political thinking, it is not only the matter of automatic reaction of individual or society to turmoil or the phenomenon of tyranny that necessitates respect of human rights. It is so analyzed because man believes in his need for development.
Man's high destiny and dignity is termed as having God's soul in the Noble Qur' an:
"And I breathed My Spirit into him. " (15:29)
6. In the Islamic perspective, ignorance of man's position and status and of his high value is the source of all injustice, tyrannies and lack of proper cognition of the self, without which man will remain ignorant about his responsibilities:
"The worst ignorance for man is his inability to recognize the value of the self."(3)
7. In Islamic texts, despite the worldly charms and conventional classifications, a great emphasis has been put on man's value and dignity: Imam 'Ali ('a) addressed his governor in Egypt, be respectful and kind to everybody:
"Since they are of two kinds, either your brother in religion or are like you in creation.'"(4)
8. Human's creation and nature are identical:
"Who created you of single soul, and from it created its mate, and from the pair of them scattered a broad many men and women "(4:1)
9. The verse denies difference and unjust discrimination
"Mankind was but one nation, but differed (later) "(10:19)
10. In the perspective, of the Noble Qur'an differences are not based on values but merely related to the complexities of the system of creation and are agents of knowledge and man's intellectual development:
"O mankind, We have created you male and female, and appointed you races and tribes, that you may know one another. "(12:49)
11. To condemn every type of unjust discrimination among humans, the honorable Prophet stated that,
"Surely, you have only one God and one father. You are all the ancestors of Adam and he was created of earth."(5)
12. The value and place of any person in society is ultimately related to his deeds.
Every soul is held in pledge for what it earns (74:38)
13. Islam denies ambition based on wealth and force and condemns it. The Noble Qur'an refers this indecent feature to snobs and states:
And they say'.We have more wealth and children, and we shall not be punished. (34:35)
14. In proper Islamic judgment, equity should even cover looking at people. Imam 'Ali once told the judges:
To regard justice even when they look at the prosecutor and
the defendant."(6)
15. In Islam, the criterion of equity is justice and truth. Imam 'Ali has said: "All the people should be equal in right before you."(7)
16. The Noble Qur'an regards security as the outcome of man's growth and development:
"And will give them in exchange, after their fear, security. "
"God has struck a similitude:a city that was secure at rest. "
17. In Islamic thinking, political power is merely a means to pave the way for man's growth, not an aim or a means for suppression.
O' my Allah! Thou knowest that what we did was not to seek power nor to acquire anything from the vanities of the world. (8)
18. The honorable Prophet specified a great part of individual rights in one of his historical lectures:
"One who offends a believer has in fact fought me, and cursing a believer is a sin, and killing him is a kufr, and backbiting him a sin, and the respect for his property's as that for his blood."(9)
19.In Islamic political philosophy, the aim of prophetic missions is to return freedom to humans.
"Indeed, Allah has rightly dispatched Muhammad (S) on a mission to save His slaves from a mode of worship to His worship.(10)
The humans who lose their dignity, because of their needs, are warned not to be other's slaves because they have been created by the God.
Do not be the slave of others for Allah had made you free."(11)
20. The term, not oppress and do not let others oppress you"(2:279) is one of the major humanitarian slogans that has been presented by the Qur'an for eradicating the traces of aggression.
21. The denial of obligation is one of the clear legal notions that not only sanctions freedom, but is now being practiced as a legal principle in trials: There is no obligation in accepting a religion."