HUMAN RIGHTS
It is only in light of this understanding of human responsibilities that the question of human rights must be considered.
To comprehend the meaning of human rights in the Islamic context, it is essential to ask how Muslims refer to the concept of “rights” and what they understand by it. In Arabic the basic term for “right” is haqq, which is first of all a Name of God, who is al-H. aqq, that is, Truth and Reality.
The term haqq also possesses the meaning of “duty” as well as “right,” obligation as well as claim, law as well as justice.
It means also what is due to each thing, what gives reality to a thing, what makes a thing be true. Its derivative form, ih. qaq, means to win one’s rights in a court of law, while another derivative, tah. qiq, means not only to ascertain the truth of something, but on the highest level to embody the truth. The term haqq, which is one of the richest in the Arabic language, involves God, the Quran (which is also called al-h. aqq), law, our responsibilities before God and His Law, as well as our rights and just claims.
Everything by virtue of the fact that it exists has its haqq, which means both responsibilities to God and rights. Each thing has its due by virtue of the nature with which it has been created. Rights do not belong to human beings alone, but to all creatures. Today, as a result of an emphasis of human rights over the rights of other creatures, we are rapidly destroying the natural environment, and as a result people now speak of animal or plant rights. This latter perspective is perfectly in accord with the Islamic view, according to which rights are not the prerogative of the human state alone, but belong to all creatures. In the deepest sense “rights” means to give each being, including ourselves as human beings, its due (h. aqq).
Turning to the more specific question of human rights as currently understood in the West, according to Islam human beings have rights that are directly related to the responsibilities they have accepted as God’s servants and vicegerents on earth. These rights range from the religious and personal to the legal, social, and political. The first rights of human beings concern their immortal souls. Men and women have the right to seek the salvation of their souls, which Islam, like other religions, considers our first duty toward ourselves and toward God, to Whom we must offer our souls. This right means the freedom of conscience in religious matters. God does not wish to compel His creatures to believe in Him, but wants them to do so on the basis of their own free will and conscience. To obey the laws of society is one thing, but to be coerced to have faith is quite another. The great drama of every human soul to accept or reject the call of Heaven is inseparable from the human state itself, and Islam, while emphasizing our duties to God, also emphasizes our right and even duty to engage in this drama. No external authority can take this right- and duty-away. Furthermore, the right to practice one’s religion or not to, as long as the latter does not destroy social norms and laws, is at the heart of the Islamic understanding of human rights. The rights of non-Muslims to practice their religion is also guaranteed by Islamic Law, as mentioned above, unless it is a pseudo-religion or cult, which Islam has opposed as much as have
Christianity and other traditional religions. Needless to say, the understanding of what constitutes an authentic religion and what constitutes a cult is not the same in the traditional Islamic world and in modern Europe and America, where many cults, some quite dangerous, dot the landscape, but the principle of the right to the practice of one’s religion, whether it is Islam itself or any of the other heavenly inspired religions, is ingrained in the Islamic understanding of human rights. Furthermore, in this crucial matter there is no difference between men and women, who stand equal before God.
Next are personal rights pertaining to one’s life, property, personal choices, and so forth. According to the principles of Islam, which have not always been followed any more than have those of Christianity, every human being has the right to life and the possession of property unless he or she commits crimes, as a result of which society takes away certain or all of these rights. Human beings also have the right of choosing their personal way of living in such matters as what form of livelihood to engage in, whom to marry, how to raise their family, where to live, and so on.
Of course, in every society there are external constraints, including economic ones, that do not always allow these rights to be fulfilled according to one’s wishes, but the principles are there. For example, in contrast to many premodern societies, Islamic society allowed each individual according to the law to learn and practice whatever profession he or she wanted and in practice could follow.
Likewise, according to Islamic Law both women and men have the right to choose their spouse. Now, in practice there have often been family pressures and economic and other considerations that have limited this right, especially for many women, but the social pressure exerted by many families has had nothing to do with the rights accorded by Islam to both men and women to choose their mates freely.
In this matter, again, the situation in the Islamic world has not been very different from that in various Western societies until quite recently and in many cases even today.
In speaking about personal rights, one must remember that the thrust of the message of Islam is not only to give rights to human beings to perform this or that act, but especially to encourage them to lead a good life in every way possible. If certain personal rights such as sexual promiscuity have been taken away in Islam, it has been done in light of what religion considers to be the attainment of the good, which is the goal of human existence and the purpose of human rights. From the religious point of view, not only must rights follow obligations, but they must themselves be conditioned by various “thou shalt nots” in order to guarantee the rights of others and also the right of our immortal soul to be protected against the tendencies toward evil that each of us bears within himself or herself.
As for legal rights, which include the right to equality before the law and the right to a trial and self-defense, they are defined and in principle defended by Islamic Law itself.
They include the right to be treated equally before the law, right to a fair trial and self-defense. In traditional Islamic society, where the Divine Law
was widely applied, these matters were handled according to extensive procedures developed by Islamic jurists. Since the nineteenth century in numerous Islamic countries many of the laws as well as court procedures have come to be based on European models, while the judiciary has at the same time lost much of its independence. Needless to say, in many instances tyrannical governments have prevented the legal rights of many from being upheld, and consequently today there is a great deal of pressure by Muslims within various Islamic societies to allow everyone to live according to the rule of law and to have the legal rights of all members of society respected. When we speak of legal rights in Islam, we do not therefore mean simply what is going on in the Islamic world today, but the teachings of Islam itself.
Even more problematic than legal rights in the Islamic world today are political rights, which, in their current Western understanding, are, of course, a modern idea neither understood nor applied in other parts of the world in the same way as they are in countries that are culturally European. The whole array of historical processes-democracy rebelling against dictatorship, freedom of the individual versus tyranny, transformation from the England of George III to the America of Washington and Jefferson, the Third Reich and present-day Germany, the Gulag and Yeltsin’s Russia-belong to Western history and do not have their equivalents in the Islamic world, which has had its own distinct struggles in the colonial and postcolonial periods. It is not possible to delve into all these issues here, but we must always remember the differences in the historical experiences of Islam and the modern West. What we need to focus on, however, is the classical Islamic ideal of political rights, which serves as a background for all that goes on in this domain today in various Islamic countries.
Traditionally, Muslims were to be consulted in matters of rule, and each person had the right to live in justice and the right to fight against injustice and oppression. With the rise of secularism, many people in the West saw the rule of God through religion as tyranny and identified the tyranny of their rulers with the tyranny of religion, as is seen so clearly in the French Revolution. In contrast, in the Islamic world the tyranny of worldly rulers was never identified with what agnostic philosophers in the West called the tyranny of religion, and in this matter there are certain resemblances between the views of Islam and those of America’s founding fathers. Nor must the situation in the present-day Islamic world be confused with what occurred historically in the West, despite the presence of a small but vocal secularized minority in various Islamic countries for whom political rights mean freedom from tyrannical rule as well as secularization in the Western sense.
In much of the Islamic world today, Muslims are governed by dictatorial regimes, usually supported by the West if they happen to have a pro-Western stance and preserve Western interests. Muslims see Islam as a means of protecting themselves against this worldly tyranny as they had done in ages past. One of the appeals of so-called fundamentalism is this deeply rooted Islamic view of the role of religion in protecting the people from tyranny. In any case, under no condition should the lack of political
rights in many Islamic countries today be seen as being simply the Islamic understanding of this matter. In the political realm there is much turmoil in the Islamic world today resulting from the consequences of the colonial period, the destruction of many traditional institutions, and the establishment of governments that are not based on the culture and religion of the people themselves. These governments are supported and sustained by powers from another civilization that still dominate much of the Islamic world and make it impossible for authentic structures and norms to be born from within Islamic society itself. If there were really free elections in the Islamic world today, in nearly every country there would come to power a less Western-oriented regime; it would not be necessarily anti-Western, but it would place the interests of Islamic society itself above everything else.
Many who criticize Islamic countries for their lack of political rights are shedding crocodile tears, for in their hearts they are happy that such is the case and that in not many places in the Islamic world are members of society allowed to exercise their political rights according to classical Islamic teachings.
In discussing the whole question of human rights, it is essential to realize how the cultural values of each society determine to a large extent its understanding of this term.
At the present moment many in the West consider human rights to be universal. Yet the Western understanding of this term has itself changed over time. Moreover, over the years Western powers have often used this issue for political gain and sometimes with astounding hypocrisy, which has amazed not only non-Westerners, including Muslims, but also those in the West who believe sincerely in human rights as they understand them. In addition, the issue of human rights has become central in the struggle between forces of globalization and forces seeking to preserve local cultures, economies, and ways of life. One cannot in all honesty discuss human rights on a global scale without turning to these issues and also to the different understandings that various cultures and civilizations, including the Islamic, have of human rights on the basis of their understanding of what it means to be human.
Let us for a moment compare priorities in human rights according to the secular and the Islamic understandings of what it means to be human. From the secular point of view, the human being is a purely earthly creature and what matters most is the rights of the individual as a purely earthly being. If one curses God or Christ on the street today in some American city, nothing will happen legally, but if one insults an individual, one can be arrested or sued. Clearly in this perspective, the rights of the individual stand above not only those of God, but also those of faith as a social and public reality. The priorities in the Islamic world are reversed. The rights of God stand above the rights of human beings, and for a person to insult the religion of others is not considered a right at all, even if the prevention of such an act decreases one’s individual rights. The same holds true for questions of morality, including sexual morality, over which there has been so much debate during the past few decades even in America and Europe, and the issue of “freedom of speech” as individual right versus the rights of the public.
This difference in priorities came out clearly a few years ago in the infamous Salman Rushdie affair, where a writer of Islamic Indian background living in England wrote a blasphemous work seeking to denigrate and destroy a central part of Islamic sacred history. The publication of his work led to riots, which resulted in several deaths, and finally to his condemnation to death by Ayatollah Khomeini, followed by severe reaction from Western writers, especially secularist ones. One side argued that what was most important was the right of the individual to free speech; the other championed the right of a society to preserve its sacred history.
Lest one think that this is only a dichotomy between Islam and the West, one should recall that blasphemy laws are still on the books in Great Britain, although they do not include blasphemy against Islam. In any case, it was difficult in the Rushdie affair for either side to understand the intensity of the indignation of the other, for each was operating from within a different worldview and with a different set of priorities.
If a debate were to be carried out today on the question of the understanding of human rights and the hierarchy presumed within it, one of the Westerners on the panel might say that Muslim women have few rights. A Muslim mother might answer that Western children have few rights;
their most basic right, that of having a full-time mother, has been taken away by a new economic system in which many mothers are forced to spend, at best, a couple of hours each day of so-called quality time with their children after a full day’s work and in a state of fatigue. The Muslim might add that, after the need for a mother, the most basic right of a child is to have two parents, and that this right is taken away from nearly half of the children in many sectors of Western society by complex socioeconomic factors and the prevalent “morality,” which places the desires of the individual above responsibility in marriage to one’s spouse and children. A Westerner might say that most Muslims do not have the right to a vote that counts for anything. A Muslim might respond that he agreed, but, as important as the right to vote was, along with it came the “right” to gain a livelihood in a just and reasonable manner and not by struggling from morning to night as a result of difficult economic conditions, many of them due to what is called the international economic and political order. Other Muslim debaters might further add that in their village, they always voted for their village elder on the basis of his experience and character, whereas in so many places, especially America, the choices offered in an election are strongly conditioned by the pressure of financial factors that have nothing to do with authentic democracy.
The debate could continue for a long time, but at the end the Muslim interlocutors would thank their Western counterparts and state that they were grateful for their concern, but that if they really wanted to be friends and fellow human beings, they should not impose their views but ask the Muslim team what they considered to be the rights that were most missing in their lives and that their Western friends could help to realize. If human rights are related to love of humanity, they must be combined with humility,
not hubris. One of the Muslims might ask a Westerner if she would like to experience humiliation instead of humility.
What would happen if a group of human rights activists in Cairo with access to all the international media kept holding press conferences, at which a few token Americans were present, on the rights of battered women and alcohol abuse or the tragedy of adolescent pregnancy in America?
Would this moralistic hectoring be real concern for human rights in America, or an attempt to humiliate those who are unlike the activists and hold a value system the activists do not accept, even if the activists’ own value system is in constant flux and transition?
Anything less than mutual respect in understanding the other side makes a sham of the question of human rights.
And when the issue of human rights is used as a tool for policy by Western powers, it tends to nullify the efforts of those in the West who, with sincerity and good intention, are seeking to help others all over the globe to preserve the dignity of human life, a belief that not only Muslims, Christians, and those from other religions, but also many secularists share.