Introducation
In Islam rights and boligations are considered interlinked
and interdependent. Generally, rights are divided into two kinds i.e Haqooq
Allah and Haqooq al Ibad. Rights is an interest which is recognized by law
regards of which there is a duty and disregards of which there is a wrong.
Islamic concept of human rights is essentially based on the idea of human
equality, Justice, personal freedom, etc which is discussed as under.
Meaning
(i)Literal Meaning
Literally it means, “An interest”. (Oxford
Dictionary)
(ii)Legal Meaning
“Right is the interest which is roper under law morality
and the ethics”. (Black’s Law Dictionary)
Definition
Salmond (1862-1924)
“Right is an interest recognized and protected by a rule
of law respect of which there is a duty and disregard of there is a wrong”.
Islamic concept about rights.
The concept of rights in Islam is basically based on human
honor and equality of all mankind.
Kinds of Rights
According to majority of Muslim jurists, there two kinds
HAQOOQ ALLAH
These are those rights, which are only about Allah and are
not linked to persons.
Following are Haqooq Allah
v
Prayer (Salat)
v
Give Zakat
v
Perform Haj
v
Equality
v
Punishment (Hadd) is
enforced
v
Texes imposed on Muslims
i.e, Zakat, Ushar etc
v
Taxes imposed on Non-Muslim
i.e, Jizya, Khiraj etc
HAQOOQ AL-IBAD
These are those rights, which are only about men but some of
rights consisted of both Allah and Men.
Following are Haqooq Al-Ibad
v
Protection of Life,
Property, Honour
v
Protection of Family
v
To do Lawful acts
v
To do contract etc
v
Personal Freedom
v
Freedom of Religion
v
Freedom of Expression
v
Freedom of Work
Fundamental Human Rights in Islam
Following are the fundamental right of human in Islam,
Security of Person
According
to Constitution of Islamic Republic of Pakistan, 1973, “No person
shall be
deprived of life or liberty save in accordance with law”. This
amounts to a declaration that no
person is to takelife or liberty of another
person except under a law authorizing him to do so.
Prophet (Peace Be Upon Him) said, “The Murder of
Muslim is not lawful except for one of
three life for life, a married adulterer
and retrograde from his religion”.
Freedom of Religion
Islam guarantees
religious freedom to every individual. In an Islamic State, every citizen is at
there is no compulsion in religion”.
Freedom of Expression
In every Muslim state, every Muslim has a right to freedom
of though and expression. It includes
freedom of speech, freedom of opinion,
freedom to differ and criticize the policies of the
governement.
A poor woman has made an enquiry to Caliph Umar (R.A)
about cloth sheets. Hence, the people check and control the functions of
Governament run by Caliph.
Protection of Non-Muslims
The right of non-Muslims are well protected by the Islamic
state. Jizya is a tax imposed on non-Muslims for protection of their lives and
property from foreign attacks. Holy Quran says, “Let there be no
compulsion in religion”.
Right to choose Profession
In every Islamic State, there is a right to choose his
prefession freely and sources of income which one likes. Prophe (Peace Be Upon
Him) said, “Allah did not raise up any Prophet who did not graze goats. His
companions asked; you too? Yes, said he, I used to tend goats for the
inhabitants of Makkah for some Qirat”.
Property Rights
v Islam allows an individual to acquire property whether they are
moveable or immoveable through lawful means.
v Islam allows a person to own, possess and enjoy his wealth, which
has been acquired by him through lawful means.
v Islam permits the individuals to alienate or dispose of his
property by any means like sale, exchange, gift etc
Equality Rights
Holy Prophet (Peace Be Upon Him) Address in Khutba
Hajatul Wida, “O People! Verily you Allah is one and your father is one.
He created Adam with clay. There is no superiority for an Arab over a non-Arab
or for white over the black or for the black over the white except tauheed.
Verily, the noblest among you is he who is the most pious”.
Final Analysis
Hence for final analysis, we can say that, right is an
interest which is protected by law. Islam is a religion which is based upon
equality and justice. This concept of Islam is given by Holy Prophet (Peace Be
Upon Him) in his Khutaba-Hajatul-Wida. He makes all men equal. There are many
rights given under Islamic Jurisprudence such as right to security, Justice,
equality, etc.
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