The New Nation - Internet Edition

Md. Mesbahul Islam

Introduction: The title apparently shows the purpose and significance of the article. The object of the instant article is to make comparison between the Islamic Human Rights and International Human Rights with a view to distinguish between the moral and legal basis of both The Islamic Human Rights and International Human Rights. Islam is not just a religion but a complete code of life, which regulates every sphere of human being. The significance and applicability of Islamic Human Rights not merely for the Muslim but for the whole mankind irrespective of colour, sex, race, cast, religion and place of birthe, etc. of the world. The present world has been observing great challenge to develop the Human Rights and challenge against the violation of human rights, as equality in all respects is under political threat and hence the World Human Rights observing a vulnerable situation.

Concept of Human Rights in International Law: Human Rights are birth rights that a human being can enjoy, which are universal. Human Rights start with the birth of a person and he or she is entitled to enjoy the same only because he or she is a human being. It is applicable to all human being throughout the world irrespective of their colour, sex, race, caste, language, place of birth, all other status. Some primary documents with regard to International Human Rights are Magna Carta 1215, Bill of Rights of England 1689, Petition of Rights 1628, Act of Settlement 1703, and Bill of Rights of America 1776.

Recent Development of International Human Rights: There are some contemporary developments of International Human Rights through the legal instruments, the initiatives have been taken by the UN and institutions for the development of human Rights.

UN organs on Human Rights, are as:

* The General Assembly

* The UN Commission on Human Rights

* The Economic and Social Council (ECOSOC) and

* The Sub-Commission on Prevention of Discrimination and Protection of Minorities

International Instruments on Human Rights.

The UN Charter

The Universal Declaration of Human Rights 1948

International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights 1966

Human Rights in United Nations.

The Universal Declaration of Human Rights 1948, of the UN has got two categories of Rights, 1) Civil and Political Rights and 2) Economic, Social and Cultural Rights.

The Civil and Political Rights: The civil and political rights recognised in the Declaration are as; freedom from torture or cruel, inhuman or degrading treatment or punishment, right to recognition every where as a person before the law, equality before the law and equal protection of law right to an effective judicial, remedy, right to be presumed innocent until guilty is proved, freedom from arbitrary arrest, detention or exile, right to a fair trial and public hearing by an independent and impartial tribunal, freedom from arbitrary interference with privacy, family, home or correspondence, freedom from attacks upon honour and reputation, rights to protection of law against such attacks, freedom of movement and residence, right of asylum, right to a nationality, right to marry and to form family, right to own property, freedom of peaceful assembly and association freedom of thought, conscience and religion, freedom of opinion and expression and right to take part in the government and right to equal access to public service.

The Economic, Social and Cultural rights: Right to social security; right to work, right to equal pay for equal work, right to rest and leisure including reasonable limit of working hours and periodic holidays with pay, right to form and join trade unions; right to a standard of living adequate for the health and well being of a person and his family, right to education and right to participate in cultural life of the community.

Concept of Human Rights in Islam: Islamic human rights start with a person before his or her birth. It is an inalienable right recognised and guaranteed by Allah through Quranic verses and Hadith of Prophet Muhammad (sw). In fact, Islamic human rights are the combination of both Civil and Political rights and at the same time Economic, Social, and Cultural rights. In the International Law the concept of human rights is a recent phenomenon but the same had been started with Islamic law from long since. Al Quran and Hadith contain the principles of human rights. Formal declaration of human rights took places in 610 AD with the prophethood of Muhammad (sw), most importantly in the year 623 AD which was the year of prophetic ascension of state power and promulgation of the Madina Sanad, which was unparallel in the world history.

Islamic Human Rights: The Quran, is the latest testament for the mankind from Allah Almighty. The Islamic Human rights is distinct from International Human Rights in terms of conception and enforcement. The Quranic Principles are unavoidable and unchangeable beyond time and space what soever.

The rights recognised and guaranteed unders the Quran was declared by Prophet (sw) in last Pilgrimage are as follows: a) right to life, b) right to be free from oppression and abuse of mouth against the others, c) right to protect privacy and secrecy, d) right to adequate food, clothing, health care, housing and education, e) right to freedom of expression, f) right to fair education, g) right to freedom of expression, h) right to fair trial and justice, i) right to be innocent unless guilt is proved j) right to be free from undue and unwanted interference, k) right to form family, I) right to woman to possess and protect her honour, and dignity, m) right to participate in politics, n) right to oppressed people to be rescued and be given asylum or refuge, 0) right to live 'in crime and pollution-free environment. These rights include every thing for human being making him or her best among all the living beings.

Necessity of Islamic Human Rights: The people of the world have been enjoying and observing modern approaches of human rights from long since. This is a mockery in the name of the protection and promotion of human rights and so called democracy upon the human society. The latest invasion in Iraq and Afghanistan, Palestine and treatment of the captives in Guantanamo Bay is the glaring evidence of gross violation of human rights by the self declared Human Rights activists. It is indeed to mention that it is a barbaric threat against civilisation.

That is why, it is impossible to study the Islamic concepts of human rights in capitalist or socialist world. It is true that the UN through its Charter and Treaty based organs, universal and regional human right instruments have recently taken some positive approaches for the promotion and implementation of human rights. In Islam human rights is treated as basic right, which is so fundamental that it cannot be separated in any manner.

Justification of Promotion and Enforcement of Islamic Human Rights: Enforcement of Islamic Human Rights is required for the following reasons. The concept of human rights in the present perspectives has become a pen and paper matter which is determined by the superior class to the inferior.

But Islamic Human Rights emphasises on ethical, moral and spiritual values of freedom, justice and equality which are essential for the mankind without any distinction.

The concept of International human rights is a recent phenomenon which is created by man but the same had been introduced as an inalienable right of human being by Islam at least 1400 years ago. Prophet Muhammad (sw) as a ruler of Muslim state had to prove the truthfulness and rightness of the Quranic verses. The main indicator of the success and failure of the concepts of human rights is the material achievement, and the spiritual salvation is the prime concern of the Islamic concepts of human rights.

Concluding Remarks: Whether Islam is the pioneer in declaring and implementing Human Rights or not? Asking of such question is quite meaningless, as Human Rights are coherent and inalienable with Islam. The journey of Islam started with the first man on this earth. In the Western view, there is no such concept of individual rights, what they have is obligation only. However, these views will remain insignificant unless and until the debates are proved by implementing and promoting the Human Rights through an effective mechanism. The debate of being pioneer in introducing Human Rights is less important than the implementation of human rights throughout the world. In fact, world community should come forward for the promotion and implementation of Islamic Human Rights throughout the whole world irrespective of colour, race, caste, sex, gender, language, place of birth in the light of glorious solidarity of Islamic Human Rights knowledge and its education.

End Notes

1. Al Quran, relevant verses on Human Rights.

2. Charter of the United Nations 1945, Universal Declaration of Human Rights 1948, International Covenant on Economic, Social and Cultural Rights 1966, Optional protocol to the International Covenant on Civil and Political Rights 1966.

3 . Vienna Declaration 1993.

4. The Cairo Declaration of Islamic Human Rights 1990,

5. Universal Islamic Declaration of Human Rights 1983.