Alhassanain(p) Network for Heritage and Islamic Thought

Survey Of The Similarities And Differences Of Human Rights In Islam And In The West

Hujjat al-Islam Muhammad Javad Hujjati Kirmani

1- Necessity of the Discussion

Disregarding the difference between the two terms Human Rights in Islam and Human Rights in the West1 the article attempts to look for the similarities and differences between human rights in Islam and the so-called human rights in the West as reflected in the Universal Declaration of Human Rights and the annexed conventions. After all, the article concentrates its focus on the similarities and the differences shall be briefly dealt with.

What induces us to concentrate on the similarities rather than the differences is that man is in need of the message of peace among religions and nations in this age as in all other ages. The proof for this claim is that dialogue among religions, specially the dialogue between Islam and Christianity has been in vogue during the recent years and the gatherings towards this end have played an incontrovertible role in bringing the Muslims and the Christians closer, and in creating ties between Muslim and Christian philosophers and scholars.

Furthermore, the message given by Sayyid Muhammad Khatami, the Iranian President, to the American people and the issue of“Dialogue among Civilizations” brought up by him which was fortunately welcomed by the universal community, requires the thinkers to contemplate and converse more on the linking bonds between international rights through conferences and meetings.

Another factor which makes the necessity of this discussion even clearer is the fact that despite the passage of a span of twenty years after the advent of the Islamic Revolution and despite the clear an inspiring messages of the Founder of the Islamic Republic of Iran, Hazrat Imam Khumaini, and the sayings of the Present Leader of the Revolution, Hazrat Ayatullah Khamini’i in respect to the common points among religions and civilizations and specially what was announced to the world in the recent one and a half years by the President, a number of the world’s super-powers and politicians are, however, trying to distort the face of the Revolution and the Islamic Republic.

They are incapable of enduring Iran’s claim for freedom and independence, which is, accompanied by calling for observance of the rights of the oppressed people throughout the world specially the rights of the Palestinians. They try to render the minds of the nations rebellious to us especially to our ideological principles with a view to satisfying their domineering interests. Thus, it is incumbent upon us, and the seekers of truth and of happiness for man and the true advocates of universal peace and mutual understanding of the religions and the dialogue among civilizations to identify the linking bonds of world’s religions, civilizations and cultures, promote friendship and love between human beings throughout the world and shield against anti-human and hostile propaganda of international Zionism and Imperialism who see their existence in the dissension and hostility among nations.

2- Approaches

The comparative study of Islamic human rights and Western human rights has long prevailed in the Islamic societies and a great bulk of books and essays have been written on this subject. The Western and Islamic scholars generally adopt three approaches toward this issue:

1. The first approach is total acceptance or rejection; in other words, they either accept one or reject the other without any reservation. Some Muslim thinkers reject the principles set forth in the Universal Declaration of Human Rights and seek after such rights only in Islam and assume the aforementioned Declaration as originating from human desires and even atheism. As opposed to their stance, some advocates of western human rights hold that the Islamic instructions are insufficient and even unjust. They question the origin of Islam, believing that such issues in Islam have been bound to time and place.

2. The second approach pertains to those drawn in by the western civilization. They know no other issue as this except in the Universal Declaration of Human Rights. After all, some believe in a religion like Islam, and see human rights as something outside the realm of religion; if they regard a worldly mission for religion, they consider it a phenomenon not as valid now as at the advent of religions. Therefore, if religions, which claim to express the divine knowledge, have stated anything on this subject, it has been only applicable for their own time and they may never be generalized for all times including our age. Deciding on this matter has been delegated to man by God.

When we come to the question of politics, this approach demonstrates the view that religion should be isolated from politics. According to this view, this separation is not a defect but the sign of religion’s perfection. They hold that religion is in many ways superior to worldly affairs. However, what makes things difficult are the occasional contradictions between the Universal Declaration of Human Rights and the Holy Qur’an or other religious writings. This point will be briefly clarified at the end of this article.

3. The third approach is an intermediate one, which finds many similarities and connections between the sources, foundations and the materials of Islamic and Western human rights. The article attempts to display the point that similarities exceed the differences.

3- The Approach of this Article

This article adopts a similar approach and intends to show that the previously mentioned rights are similar even in respect to source, i.e. the ideological and general theoretic infrastructures. It is noteworthy that Ayatullah Javadi Amuli believes that sources should be identified first, then legal fundamentals be extracted from those sources and then legal texts be compiled in order to extract legal rules. For example, one of the articles of the Universal Declaration of Human Rights is that all people are equal before the law. The basis for this article is justice. Justice also originates from public and ideological approaches.

4-Public and Common Sources of Islamic and Western Rights

The origins of rights differ in materialistic and divine schools. Lawyers, who do not recognize a divine origin for rights, believe its source to be the human conscience and wisdom, which differentiates between good and the evil in individual and social areas. In Emile, for example, Jean Jacque Rousseau describes conscience as divine immortal instinct, celestial voice, virtuous and benevolent judge of the good and the evil. However, the disciples of the prophets believe that the prophets have infonned people of such rights upon divine command. It seems that these two views are not contradictory and in fact complete one another. On human nature, the Holy Qur’an says:

“By the soul, and that which shaped it, and inspired it to lewdness and god-fearing.” (Surah as-Shams 91:7-8)

This verse clearly tells of divine inspirations granted to everyone and the path of goodness and evil has been shown to everyone. Therefore, in Qur’anic view, human nature, conscience and wisdom can distinguish right and wrong based on divine inspiration. On the other hand, revelation is a superb quality, manifested only in exalted spirits and wisdom. In other words, revelation and prophecy are the peaks of human wisdom and only suit those who have exalted spirit and superior wisdom. This is why our scholars regard the holy Prophet (P.B.U.H.) as the Absolute Wisdom.

Therefore, it is better to find the linking bond between these two, which is in fact focusing on human wisdom and conscience instead of causing opposition, only with the difference that in divine schools, this human spirit and wisdom have exceptionally evolved in the better men who are the prophets so as to make them capable of receiving divine revelations. In fact, scholastic theologians rely on human wisdom, but the wisdom, which has enabled them to fully perceive the truth with the aid of divine revelation. While in the works of other scholars, even philosophers, lawyers, and thinkers who have helped give shape to new schools, the likelihood of error and mistake may always be seen.

It is interesting that evidence for this view is clearly discernible in the works of western pioneers. For instance, somewhere in his work Rousseau says,“In order to discover the best rules and laws for the people, a total wisdom is required to see all human desires but not sense any of them, have any relation with nature but know it thoroughly: his happiness is not relevant to or dependent on ours, but is ready to help promote our happiness.” 2

It must be added that this total wisdom as described by Rousseau is crystallized in divine prophets, although Rousseau’s indications show that he meant God.

5- Common Foundations

Unity Of Mankind

The original infrastructure of the first Universal Declaration of Human rights is the unity of mankind. This view is not only compatible with religious approach but it directly or indirectly arises from that, as, except when addressed generally for which terms like“O People” ,“O Men” ,“O Mankind” and are used, it is clear that in Qur’anic insight all men are equal. The sacred verse of

“O Mankind. We have created you male and female, and appointed you races and tribes, that you may know one another,” (Surah al-Hujurat 49:13)

verifies this view. Furthermore, what is received from the oral and practical traditions of the holy Prophet and our religious leaders indicate the same approach.

In this regard, the holy Prophet states,“You are all the descendents of Adam and Adam came from dust.”

The provisions of the Universal Declaration of Human Rights also originate from a public and ideological approach governing at the time of formulating this Declaration, i.e. after the end of the Second World War, the formulators of the Declaration of the Human Rights believed that human family was a single entity with common gains and losses. This foundation per se originated from their ideology, which made them see external reality as this. Thus, the notion of man’s unity is based on the reality of the existence. Here, we also reach the linking bond of Islamic and Western human rights systems, as in the Islamic approach, the human family is one unit with common gains and losses.

As Sa’di, the outstanding Persian poet, says:

“The sons of Adam are the limbs of each other

Having been created of one essence

When the calamity of time afflicts one limb

The other limbs cannot remain at rest

If thou hast no sympathyfor others

Thou are unworthy to be called by the name of a man.”

Man’s Natural Value

The other common element between the human rights in Islam and the western human rights is the natural value and respect for man.

The Holy Qur’an states,“The best among you is the most upright one,” and the preamble to the Universal Declaration of Human Rights talks of the recognition of the innate value of all members of the human family; it comes to our mind that this declaration has been, directly to indirectly, influenced by that Qur’anic instruction or at least both of them are compatible with supreme reason and man’s wisdom. The deep difference between these two is believed to be the one that originates directly from revelation and the other relates to the divine revelation by some intermediate factors.

The Individual And The Society

Another linking bond between the Islamic and the Western human rights systems is the issue of individual and the society and man’s individual and social dignity. Disregarding the theoretic and philosophical discussions related to individualism and socialism, in both legal systems, the interests of society are prevailing on the individuals. Means and instruments have been devised to protect the interests of each against the other.

The interesting point is that the conflict of the interests of the individuals and the society with the individual may be removed only by social institutions. This deep­rooted experience has made mankind establish the government in order to regulate the relations of individuals with one another and with the society and give power and legitimacy to this institution. In this area, there may be seen many similarities between the statutory laws of man and the provisions of the Holy Qur’an and the tradition of the prophet.

6- Common Provisions

Besides the parts in which we discussed the fundamentals and sources of human rights, the similarities may be identified in the articles and principles of human rights as well. Here, we shall give some instances

A) Life

B) Freedom

C) Justice

Life

Some Muslim scientists have divided life into two parts: material and spiritual. The attention to spiritual aspects in Islam and its deletion from the Universal Declaration of Human Rights is the priority of Islamic human rights over the western one.3 In Islamic and Western Human Rights System, by material life we mean that man is born one day and dies another day and paying attention to this very life (or the material life) is another common point and a linking bond of these two systems.“Blood Shed and murder” is so vile and condemned in Islam that killing one person is regarded equal to killing all mankind and the verse

“He who kills one man it is as if he has killed all mankind,” (Surah al-Ma’idah 5:32)

is certainly about the common meaning we have in mind of“murder.” Of course, a more general interpretation might be derived from the context of the verse as well.

Freedom

Concerning the sublime value of freedom which serves as another link between the two law systems involved, it is to be stated that the fact that in this area, the mystical and religious concepts of freedom which is freedom from carnal desires and slavery by everybody but by God should not be mixed with the common meaning of the word in the concept of human rights.

By freedom, we mean the same concept given in the Universal Declaration of Human Rights implying that man is born free, slavery is banned and that everybody is entitled to live free and secure.

It is worth mentioning that man’s responsibility originates from his freedom. Man is by nature a free being. As he is wise, he himself regards restrains for his individual and social life based on wisdom and reason. These rational limits take a pure and real face in the process of mystical illumination and through divine revelation.

As suggested at the outset, human wisdom when exalted from the ordinary restrains and elevated to the superior state becomes capable of achieving the truth and human laws and rules of life through revelation. Therefore, as a reasonable being, man puts curbs on his natural and innate freedoms in individual and social life. Any man with a religion or belief in a school of thought has limits and regulations as well.

If some differences are observed in the Islamic and Western Human Rights with respect to the limits of freedom, this does not impair the rational and fundamental freedoms.

In other words, the Islamic and the Western human rights have set limits for man’s inherent freedom. From epicurist view, the limits and restraints on sexual freedom are much less than divine value-oriented approach, but even in the same western view, there are limits for this freedom such as the ban on rape and overt sexual activities. In other words, even in the freest of societies, human reason has not stopped working; it has restrained freedom though on a very small scale.

In order to remove any misconception, the basis of western view toward sexual freedom is a mixture of feeling and desire and if it has any rational basis it is mixed with irrational and diverted extravagances and with a reaction against sexual ban and guilt feeling concerning the sacred issue of marriage as sermonized by Church authorities. At any rate, this approach is condemned in Islam.

Justice

In the preamble to the Universal Declaration of Human Rights, it is expressed that lack of recognition of human rights has led to barbarous acts which have in turn made human souls revolt and in general, the rights of people should be protected by law enforcement so that man may not be urged to revolt against injustice and cruelty as a last resort. The following points may be seen in the articles provided in this declaration:

Prohibition of slavery (Art. 4), prohibition of tenure, inhuman or degrading treatment or punishment (Art. 5), Equality of everyone before the law (Art. 7), the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted by the law (Art. 8), prohibition of arbitrary arrest, detention or exile (Art, 9), the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense (Article 11, paragraph 1 ), holding anyone guilty of any penal offense under national or international law at the time when it was committed (Article 11, paragraph 2), prohibition of arbitrary interference with people’s privacy, family, correspondence, or attacks upon his honor and reputation (Art. 12), prohibition of arbitrarily depriving others of their property (Article 17, paragraph 1.)

These provisions are in fact evidence for enforcement of justice and removing injustice and the links of Islamic and Western human rights systems are quite firm and stable in them. The concept of justice in the Islamic teachings is so extensive which is an attribute of the highest rank of existence (God) and this attribute, like other attributes of God, is His nature.

What is stated is enough to show the superiority and the elevation of this issue, but the problem does not end here and the realm of justice has covered all the universe and all particles of the existence are covered by this general overwhelming issue so as it is said“The universe is made stable by Justice.”

On the other hand, man with any religion, seek justice by virtue of reason and wisdom and hate cruelty and injustice and pressure in religious, social and economical domains. Therefore, what we see in the Declaration of Human Rights is a proper manifestation of man’s wishes. Man strives to actualize and realize in his individual and social life what originates from the Creator of the World and what is current in the existence and what is the cause of its strength as instructed by his reason and wisdom.

In other words, man tries to make a model of the real external sample of justice, prevalent in the universe, deriving a value from an objective real affair.4

The Holy Qur’an states,

“Be believers, be you securers of justice, witnesses for God. Let not detestation for a people move you not to be equitable; be equitable-that is nearer to god-fearing” (Surah al-Ma’idah 5:8)

and

“And when you speak, be just even if it should be to a near kinsman.” (Surah al-An’am 6:152)

These verses and similar verses show the esteemed position of Justice in the Qur’anic instructions. Whatever mentioned on the aforementioned issue in the Declaration of Human Rights is a direct or indirect reflection of the sacred teachings of Islam and other divine religions believed by man and cherished by man.

7- Differences

Let us now look at some parts of the Universal Declaration for Human rights, which are different from the Islamic approach and call the western and Islamic thinkers for dialogue and discussion on these parts:

1. All members of the human family have equal rights (introduction). It seems that Islam has a different view of the rights of non-Muslims.

2. All men are equal in dignity and rights (Art. 1 )

3. The followers of any religion are entitled to all rights and freedoms mentioned in the Declaration (Art. 2)

4. Men and women of full age, without any limitation due to race, nationality or religion have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution (Art. 6).

5. Everybody has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship; and observance (Art. 18).

6. Everybody has the right to freedom of opinion and expression (Art.19)

7. All children whether born in or out of wedlock shall enjoy the same social protection (Article 25, paragraph 2).

These cases should be studied in comparison with the Islamic rights.

At the end, we shall touch upon a pithy and noble point derived from the sublime teaching of Islam and can be counted as the striking differences between these two declarations. Although this case may be beyond the scope of our discussion according to some philosophers, lawyers, and politician, we deem it proper to bring it up as this article deals with the similarities and differences between the western and the Islamic rights.

The point involved is the right of God and His will. This right is the basis of all human rights as viewed by Islam. As mentioned earlier, human wisdom and reason are the gifts of God but the point is that the knowledge of God is only His sacred nature. In this regard let us consider a saying by Imam Zain al-‘Abidin, ‘Ali Ibn Husayn (P.B.U.H.) who believes that all movements and actions are surrounded by divine rights and that it is incumbent on man to fulfill them; then he says,“The most important right of God is the right that God has set for Himself. The right, which is the origin of all rights and all rights, originate from it, from head to toe. And the greater right of God is to worship Him and take nothing as His partner.”

Notes

1. This mistake is due to the fact that many of the articles set forth in the Universal Declaration of Human Rights are based upon the principles of all religions and sects such as the right to property, security, ownership etc. on the one hand and on the other what is called the Islamic human rights enumerated in the Cairo Declaration of Human Rights are common readings of the Islamic teachings which allow no marring. It is safe to say we Muslims should not attribute our personal reading and interpretation to Islam.

2. Jean Jacques Rousseau, Social Contract, p.81

3. The idea of corporeal life is not free from mistake for life belongs to the soul and the soul is abstract.

4. Ayatullah Javadi Amuli’s words have been used.

Individual Rights In Islam

Ayatullah Sayyid Muhammad Khamini’i

Freedom is too broad a concept to claim definition, the truth of which can be best perceived by human conscience and soul. The most limited definition for freedom is not being in a state of slavery and the broadest one is not remaining in chains of servitude.1 This article is concerned with the definition of freedom particular to man in general and the explanation of individual freedoms in particular.

The use of the word freedom, which has traveled from the realm of philosophy and law to that of politics, is paradoxically used in different connotations, and sometimes lacks a stable political status. Hence, this spiritual definition of freedom is used as a political weapon.

One of the most important points of our discussion is to study the exact definition of words. One of the difficulties of encountering the clashes between ideas and opinions is the ambiguity one may encounter in case of undefined words. In addition, these lexical common points can lead to logical fallacy and sophistry.

Words such as right, human being and human rights, freedom, justice and tens of other words are of this sort which are frequently talked about and for which there are no certain definitions. That is why instead of solving the problem, they only intensify it.

At this juncture, a fundamental question comes up: Who is this human person? And where is he for whom rights are considered?

In some of the cultures and civilizations - either in the past or in the present - man was defined in very limited terms, which only included a certain nation or a certain ethnic group or followers of a certain religion excluded other human beings. Instances of this are the idea of the Greek people about the non-Athenians (calling them Berbers) and the idea of the Romans about the non-Romans and the idea of Semite contemporary Western countries about the non-Europeans or the non-whites or the Semite tribes, this being implicitly stated in their holy book, the Talmud, that regard the non-Jews as having human dignity.

Hence, when discussing freedom or when interpreting the Universal Declaration of Human Rights and other international documents of the United Nations or the international compacts and agreements, the concept of human rights should be first clarified by the two parties and the signers or the users of this word should agree upon an exact definition for this concept.

To complete our discussion here on the Cairo Declaration of Human Rights in Islam on freedom, we need to mention that man in Qur'an and in Islam is used to mean man without regard to any limitation such as race or color or religion or culture. The word nas (which means people) in Qur'an includes all people in the world and it is not important whether they are Muslims or whether they have a certain race or not.

The holy Prophet always stated,“All people are the descendents of Adam and of one family and race. Adam was from dust and pride does not become of the children of Adam and in practice, he did not make any distinction between the Arabs and the non-Arabs, between Muslims and non-Muslims and treat everyone equally.”

Freedom at First Glance

Every living creature is endowed with a natural yearning for freedom. Plants need freedom to take in light and heat in order that they may have their roots take in food and grow although there are natural impediments which prevent them from earning this freedom or even from reaching natural growth.

Every creature struggles for breath, food, water, mate and an arena for a comfortable life, regarding itself rightful to provide these things and struggle towards this end. In addition, according to the natural law or the laws of jungle he fights the rivals or tries to remove the obstacles. And ultimately due to the last resort which is force and domination, right is distinguished from wrong and justice from injustice and one reaches one’s natural freedom and others lose it and reconcile oneself to limited freedom.

Man has the same instincts as well like any creature obeying natural laws. If there were no humane elements such as conscience, religion, and tradition, he would pursue his animalistic desires and follow the law of force for survival.

Hence, it is natural that all creatures share a yearning for freedom. Therefore, freedom is an important principle in nature although it is rarely found.

Freedom within Man’s Realm

At a deeper level, man is supreme compared to other creatures. Besides his carnal and vegetable desires, (or in philosophical term, animal and vegetable self) he has the rational soul, reason, power of distinction, and most importantly, the willpower for organizing his human desires and the power of choice for choosing the best and the most rational things.

In other words, the willpower logically leads us to the existence of the inherent freedom in man, for freedom must have inherent roots. Moreover, if freedom is not inherent in man, it is meaningless to grant him willpower.

In short, man is a creature endowed with special dignity and rational soul and voluntary power of choice. Hence, it should be said that man is the only creature on earth that has two kinds of natural and inherent freedoms:

First: the same instinct for freedom, which exists in all creatures just as the instincts for eating, sleeping, passions, and rage. The child is an instance of this whose behaviors like animals are all based on instinct and without the interference of will power2 or based on natural or conditional reflexes.

Second: the freedom particular to man which due to his inherent dignity and respect for his reason and this power and divine gift in the Holy Qur'an is described as heart and from this power man is bound to revelation and religion and deserves the title of being addressed: that is why all human beings and animals have rights but assignment is particular to man.3

The interesting point is that in Islam and in most traditions and customs, the freedoms of the second group (human freedoms) are juxtaposed with the first group freedoms (wild freedoms), putting them aside or limiting them. From this one can realize that in human and social communities, the limiting of wild freedoms (the freedoms shared by man and animals) is in fact to the gain of man. Since the beginning of civilization wherever there is a society, which considers the general welfare, the animalistic freedoms are limited and laws have taken the place of force and domination.

Man’s Freedom in Islam

According to Islam, the second group freedom, which is particular to man, is the main basis of social, political and even individual life of the human person. In addition, the Divine laws (known as Shari’ah) are fixed based on this external reality for man. A perfect man is he who transcends the realm of animal life, uses his inexhaustible power and attains worldly and spiritual bliss or in philosophical terms, the second inherent perfection and the second nature of the creation of Adam.

All manners and traits of man must emanate from his basic natural dignity; in other words, man should have the commendable traits he is expected to have. ·

In the story of the creation of Adam in the Qur’an, when God tells the angels,“I am setting in the earth a viceroy.” The angels reply,“What, wilt Thou set therein one who will do corruption there, and shed blood, while we proclaim Thy praise and call Thee holy?” Then God answered,“Assuredly, I know that you know not.” 4

In other words, Adam is distinctive from other creatures because God is setting in the earth Adam and his descendents as his viceroys; it is manifest that in Islamic and Qur’anic sense, Adam is a creature endowed with a faculty and aptitude to be God's viceroy and not a wild one. In addition, the goal of Islam is to build the very same chosen man, not an animal one.

Islam and Man’s Instincts

Islam agrees to the first group freedom and the rights relative to it to a large extent, for it is the selfsame gift granted by the Lord to man: however, as I said earlier, Islam limits it to individual and social welfare; for instance, if it says,“Eat and drink” it also enjoins extravagance in these acts.

The nature of animals is such that they do not know extravagance and unlike man, they act on their unconscious nature, which is harmonious with their welfare and real needs, and the general system of nature.

This limitation exists even in the realm of liberalism and absolute liberalistic freedom is a clear matter, for with regard to the common freedom of animals and the special freedom of man, they mix it with civil and penal laws of each society and inevitably limit it.

Hence, the limitation of freedoms is not particular to Islam or to other religions inasmuch as anywhere any society is established based on a social convention, freedoms are limited.

Limitations and Boundaries

This freedom is generally limited or confined in two ways; first, by the traditions and habits of the people of the society, even in the farthest and wildest regions or in the oldest human societies. Thus, a kind of limitation has existed differently in every society in each age.

In sociology, these traditions and habits are referred as being social norms. And the binding guarantee of abnormalities in any society or social group is the penal behaviour of people (or the majority of people) towards abnormal person. Secondly, the limitation of nature by law namely the same laws made by people as deriving from experience, thought, culture, traditions and habits of that society.

In no society, especially in the civilized ones, individual or individuals have the right to freely take whatever their instincts covet.

The right to private property or the respect for the family unit and other civil and human rights, exist in fact to limit the reckless animalistic freedoms and man’s wild instincts. Man has constantly regarded this limitation as prevention from invasion and violation and social welfare and an emblem of his urbanity.

The result of these two freedoms is the freedom that makes Islam meritorious of man. Indeed, instinct is the innate programming characteristic of man, enabling him to respond appropriately to particular stimuli; the wisdom and the rational soul check and guide it. In addition, a well­ appropriated combination of these freedoms arising from these two forces in man guide man and his actions, enabling him to perfonn his humane-divine acts.

Backgrounds of Freedom

Theoretically speaking, the freedoms of man can be catalogued under six categories, each one of which is observant of one aspect of his freedom and a manifestation of that freedom.

One-Freedom Vis-A-Vis Others

In this kind of freedom, people do not have the right to hurt the physical health of their wives and children, and others' properties, secrets or personal affairs. Civil rights and parts of the penal rights are relevant to this kind of freedom.

Two-Freedom Vis-A-Vis The Society

This kind of freedom constitutes great respect for the life, property, family, dignity of people in the society, giving each individual freedom of residence, movement , religion, opinion and expression and the right to participate in the government towards his own destiny.

Three-Freedom Vis-A-Vis The State

Although in an equitable humane and religious system, the State is the representative of people, due to the authorities of the State and the political and legal authority it exerts on the individuals, the individual and social freedoms of people should be studied in isolation and ensured. As we shall see, the basis of the Universal Declaration of Human Rights is laid on these relations.

Besides the rights noted above, we should include the right to the choice of administrative and political representation, the right to comment on the political approach, the right to participate in public supervision, the right to protest against the vices of the authorities and the likes.

Four-Freedom Vis-A-Vis The International Community

Every nation is entitled to the enjoyment of public rights such as independence, leadership, natural resources, defense against the enemy or any form of invasion or retaliation against the enemy, the instituting of relations with nations or other nations or private rights such as the right of movement, the seeking of asylum, and complaint in judiciary centers.

These four rights are recognized by Islam and the common rights in use; however, there are two other rights in Islam, which form the fifth and the sixth category.

Five-Freedom Vis-A-Vis The Almighty

Although man, due to inherent poverty in his essence and in his acquisition of natural qualifications and in his real relations is dependent on the Almighty, this man due to his power of choice is entitled to choose his destiny and accept or reject the divine religion5 and no one shall be compelled to accept Islam; even after the acceptance of Islam and all the commitments imposed by it, man finds himself in the horizon of allowed freedoms.

Sixth-Freedom Vis-A-Vis Oneself

As man is made of different psychological and internal elements, (for instance, the Qur’an refers to three souls, the despotic soul, the reproaching soul and the peaceful soul and psychology points that human psyche is divided into three parts, the id, the ego and the superego) there is automatic relation between the clash of these internal souls with man’s inherent power of choice and man is responsible to himself and his conscience serves as an interward mediator, he is free towards it. That is why some are virtuous and others are unrighteous. That is why some accept moral values while others reject them.

In Islam, freedom embodies a vast body of meanings and realities, which may be discussed under the six categories noted above, and none of them can obstruct any other one. These freedoms can be divided into two main human aspects, soul and body, namely the physical and spiritual or mental freedoms.

Physical liberty includes whatever belongs to him6 ; hence, slavery, detention, exile, prevention of life and free movement are the violation of man’s physical freedom and the violation of the right to property is the violation of the freedom of property. _

Spiritual liberty includes the freedom of thought, will, choice, and destiny, opinion, science, art and traditions.

These two liberties are generally interpreted as civil freedoms, individual freedoms, and the freedom in enjoying fundamental rights, the will and choice of individual, social destiny and political freedom.

Study of the Universal Declaration of Human Rights

The Universal Declaration of Human Rights was provided in 30 articles by the Western European countries, approved by the General Assembly on December 1945. The Declaration was actually influenced by post revolutionary mottoes of France and the United States, itself arising from influence of Islamic culture on the West. A large portion of the declaration is allotted to different forms of freedoms.7 In fact, stress is on the first group freedoms, the freedoms common among men and animals, although in the preamble, it talks of the inherent dignity of man and the inalienable rights. The comparison between these rights and the rights in Islam reveal certain facts.

The freedom of thought, opinion, religion or participation in elections or complaining is particular to man, but the rest of the freedoms cited therein are common among men and animals. The important thing neglected or forgotten is the spiritual freedom, which we refer to as liberty and Islam places particular stress on it.8

Physical freedom relates to man’s carnal desires; although it is essential as breathing, and eating, it is not very instrumental in the spiritual perfection of man,and in escalating him from the common level of being to perfection. By natural disposition, every creature seeks freedom of marriage, residence, movement, property, occupancy, and gets enraged when these rights are denied him and combats oppression and violations.

However, man’s special freedoms such as the freedom of expression, thought, belief, religion, and the right to participate in his social and political destiny known as political rights, are but vaguely adumbrated in this declaration despite its apparent statements.

There are two ways for voluntarily entrusting political rights and iindividual leadership to a certain individual, State or group:

1. Open and Wholesome Atmosphere - in which each individual relying on his reason, conscience and experience can exercise his will; for instance, he may choose an eligible individual or individuals endowed with a wholesome soul, and belief in justice-and good will as authorities.

This is the same way emphasized by Islam and the Qur’an. The Holy Qur’an enjoins people to think wisely before they choose and enjoy the historical experiences. It even attributes the acceptance of the divine religion and prophet to the conscience, reason and intellect.9

2. Unwholesome atmosphere - In which the deceitful religious or political demagogues lay before people's feet the enchantment of propaganda, and inculcations and false promises. In Islam, this kind of leadership is called hidden servitude and those who drag people behind them like slaves are called the lords of people.

The Holy Qur’an scolds those people of the book who take their rabbis and monks as their lords and addresses them thus;

“Come now to a word between us and you, that we serve none but God, and that we associate not aught with Him, and do not some of us take others as Lords, apart from God.” (Surah Aale Imran 3:64)

In another verse, God chides those that have forsaken God, placing the chain of servitude of their masters on their necks and says;

“They have taken their rabbis and their monks as lords apart from God” (Surah at-Tawbah 9:31)

and there is a hadith as a protest against the despotic Amavid government: Itakhezu din alah dowalan wa ibadellah kholan.10

According to the Qur’an, this type of enjoying the will and choice is hidden force and is thus condemned as people are pushed to an imposed way in the name of democracy.

With a keen glance, we can find the forestalling of freedom in two ways:

1. By force, namely by imposing one’s will on others which is, in jurisdiction, called coercion or aversion, rendering void any contract thus agreed on and in international custom, illegal duress is condemned and void.

2. By directing people’s benighted minds to a trajectory which is nothing but mere mirage: however, Machiavellian demagogy makes it look like a clear stream, goading people into the vortex of that otiose wasteland.

This unconscious force and the clandestine forestalling of freedom are generally found in most countries noted for their democratic manner. The mass media take from people the power of telling right from wrong, and evil from good, and drag them on under the banner of democracy. This apparent existence of choice is, in fact a kind of lordship over them.

Lordship means that the Lord decides and exerts his will in every affair. This existed in the form of master vis-a-vis peasant in the Iranian rural system before the Islamic revolution.

However, the Islamic Shi’ite Imamate (political leadership), despite what the foreigners had in mind, is based on the free choice of people and this rulership is based on alliance (the will and the free choice of people in an open horizon and without discrimination of any kind) and compulsion is not allowed therein.11

In this kind of free choice and will, the mental state of people should be at peace and for the same reason, Islam and the Qur’an bid people to free thinking and reasoning before making a choice and commends the intellectuals and regard only those who choose the best they hear as ‘abd, namely the true believers.12

On the contrary, the perversion of people’s thoughts from the right path and true expediency to unlawful goals are called bandits, those who impede the path to nature and the right path in the Qur’an, considering chastisement for them.

One of the problems with the Universal Declaration of Human Rights lies in its preamble where it talks of the inherent dignity and equal, inalienable rights of man, but they are without equal basis to explain why man has inherent dignity, for the probation of such dignity seems impossible without philosophical or inherent or reasonable basis and anyone can reject them and as long as the origins of these inherent traits are not made clear, the function of laws-which are the subdivisions of ideology-shall not be made clear.

We know that such a claim is completely logical and acceptable in Islam, for the root of this dignity lies in the viceroyship of man granted by God who has put the crown of nobility on man’s head.

Hence, the inherent dignity of man is the main basis for granting rights to man. His advantages can be taken into account, he can be given ample freedom in order that he may determine his own destiny. Or the human beings should be equal in rights and dignity13 and nothing sch as race, color, sex, language, religion and political opinion as well as nationality, the social status, wealth, birth or any other status14 can disturb this equality or no one can hold others in slavery15 or subject them to torture.16

However, the probation or the fonnulation of such rights or committing others or expecting them to accept these laws from others is impossible without a philosophical or religious basis and this shortcoming still exists in the Universal Declaration of Human Rights.

After all, words such as right, man, freedom, dignity and the likes have not yet been properly defined and their boundaries have to be detennined by the States. That is why the Western States in the attitude of the Greeks and the Romans denounce rights of others and relates man to the people of Rome (or any country populated with white people) and freedom to a kind of slavery.

By comparing the Islamic stance on spiritual and political rights with the Universal Declaration of Human Rights one can understand that despite the deep Islamic stance on human freedoms, what in practice is proposed at international level as human freedoms is ambiguous and in practice and in theory, they pay scant attention to them in international laws and policy: in fact they are political playthings for players in political arena although people are apparently free and freely go to the polls.

Individual Freedoms in Islam

The concept of liberty in Islam is so comprehensive that it arouses wonder and praise in all scholars: in this brief article, the writer strives to explain liberty to the best of his ability.

It must be noted that on the basis of the same inherent dignity granted by the Almighty, and the same viceroyship of man granted by God and the same freedom particular to man the violation of which is not allowed. Islam recognizes its ultimate aim and the aim of other religions as the liberating of man, because the inherent dignity is impossible without freedom. In this regard the Holy Qur’an states,

“The prophet of the common folk, whom they find written down with them in the Torah and the Gospel, bidding them to honor, forbidding them disonor, masking lawful for them the good things and making unlawful for them the corrupt things, and relieving them of their loads, and the fetters that were upon them.” (Surah al-A’raf 7:157)

In this verse, the fundamental mission of the holy Prophet is introduced as bidding people to honour, forbidding them dishonour, and making lawful for them the corrupt things and relieving them of their loads.

Unlike the Declaration of Human Rights of France and the Universal Declaration of Human Rights, the concept of freedom in Islam is not the corollary to the bloody revolutions in Europe or the response to the oppression of people for their wishes, but basically it was per se an impromptu revolution for granting rights to man although none of the civil, urban. continental or international situation of that day-the great empire of Pesia had surrounded the world from both sides and the Roman empire from the north-were not in harmony with this revolutionary concept.

Besides, the depth of freedom in Islam far more transcended the carnal or material freedoms. The freedom of self from the self includes the freedom of human self from the animal self and the civilised self from the uncivilised self. Hence, people were relieved of national and racial prejudices, of imitating the false customs, and of the corrupt bonds, of the passions, ignorance, rage, jealousy, avarice and egotism.17

In Islamic and humane concept, freedom regards rebellion and carnal desires as prisons; true freedom lies in refraining from them.18 For instance, a train freely running along the endless tracks is contained by the tracks although it is apparently free. The freedom of the train lies in the freedom from the tracks. Similarly, the man who is incarcerated in the dungeon of his passions, rage, sleep and food and knows himself free is not in fact free but imprisoned. And his freedom is achieved when he steps beyond new horizons and into the vast realm of humane-divine light, thus relieving himself of animalistic nature which is to man an open foe.

Now that we have briefly talked about the vast concept of freedom in Islam, we shall deal with the individual freedoms in Islam, and sections of its legal and jurisprudential principles. However, before embarking on discussing these freedoms, we deem it necessary to elaborate on the terms rights and freedoms.

In the works of the outstanding Shi’ite jurisprudents, there are useful and extensive discussions on the definition of right and the difference between it and decree. However, it is beyond the scope of our brief study. Right may be shifted from its owner to others but decree may not be transferred to others unless by law.

Some of the rights set forth in the Universal Declaration of Human Rights are regarded as decree which may not be shifted to others neither by the owner himself nor by others.

One of these rights is the right to life (Article 3) which deserves respect and observance in Islam and most of the valid laws of the world and even the person himself cannot destroy it. Hence, in Islam suicide and some other related subjects are crimes and liable to punishment. In the preamble of the Universal Declaration, the rights are called inalienable. If a decree is inalienable, it is no longer a right. Besides, some of the rights mentioned therein may be entrusted (like property) so the use of decree is null and void.

One of the individual rights of man is that he shall not be held in slavery (article 4 of the Universal Declaration of Human Rights and article 12 of the Cairo Declaration of Human Rights in Islam). This is a fundamental right in Islam and a jurisprudential principle (Asalat al-Huriyyah) and has been mentioned in a hadith.19 Also, another hadith by Imam ‘Ali, says,“Worship not any one but the Almighty: indeed God created everyone free.”

This testifies to the fact that man is the master of his own destiny and no one can hold him in slavery or arrest him without legal sanction.

Based on this fundamental principle, everyone-men and women- has the right to live freely and enjoy the divine blessings. However, on a legal basis, the enjoyment of natural resources and wealth is clear in Islam, for according to the clear sayings reflected in the Holy Qur’an and in hadiths, these resources are created for the sole benefit of man in order that they may use them as much as they need.20 However, in the Universal Declaration of Human Rights, it is neither explained nor is it clear.21

Another right of man is the right of movement and residence, nationality, or their dissolution. In addition, everyone has the right to choose any profession he desires.

These rights are clearly explained in the Cairo Declaration of Human Rights in Islam and the Islamic jurisdiction is filled with laws concerning these freedoms. There is a hadith that says,“The best residence is the place, which accepts you.” 22 As a poem says,“Paradise is where there is no perturbation.” In addition, regarding freedom and will power, the jurisprudents have said,“People are the masters of their belongings.”

Respect for private property is so strong and clear in Islam the need for explaining them is obviated. It has made some of the jurisprudents recognize the right to property as private property and regard public property as an exception to it.23

There are limitations for private property in Islam as well as in reliable rules. There are times when ownership seriously hurts others or the society and therefore, legal limitations are natural in many societies.

The freedom to choose a profession exists in Islam in its best form. Based on primordial nature, Islam recognizes profession as a principle for man and regards unemployment a malady and against the laws of nature. It encourages people to work and provide for their family and reproaches unemployment.24

Employment is an obligation in Islam as far as it does not endanger the family members and overwork to earn more comfort for the family is highly commendable, though not necessary.

Although man is free to choose a profession, a legal limitation prohibits working beyond one’s ability. This prohibition exists regarding the profession forbidden by law, which is hurtful to the society or engaging in beggary, which does not accord with the exalted dignity of man.

Another natural right approved and encouraged by law is the founding of family. Article 16 of the Universal Declaration of Human Rights says,“Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family.” Paragraph three of the same article says,“The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”

Islam highly recommends the founding of family, considering it a vital component of the society; however, it builds marriage on the basis of inherent principles executed by the observance of human dignity to ensure its durability and regards divorce as the ugliest acts.

The only condition for marriage is the existence of balance between the two parties in morale, thought and personality without limitation of any kind due to race, nationality, and family with the exception of religion which is not mentioned in article 16 of the Universal Declaration of Human Rights.

As Islam states that all religions preceding it are lawful, it entitles man to form a union with a woman of another religion,25 for in such case the harmony on the part of man-whose duty is to provide for his wife-will be consistent.

In other individual rights, on the level of legal and religious basis, Islam is pioneer to other systems of rights and accepts it as a logical and natural form.

Freedom of Opinion

Another freedom is the spiritual and human freedom not found in other creatures; it is interpreted as the freedom of thought, conscience and religion in article eighteen of the Universal Declaration of Human Rights.

The reason for the inclusion of this article in the Universal Declaration and the attention of the Europeans to such freedoms in the last two centuries is the pressure exerted by the church and the monks on the beliefs and thoughts opposite to the Torah, the Gospel and the beliefs of the church which entitled itself to combat heresy and things such as alchemy, witchcraft, and sorcery and wielded considerable power in medieval and early modem times and put them to apprehension and trial by burning them at the stake or making them repent.

Basically, the church opposed reason and man’s capability to interpret the bible and regarded this act against faith and combated it. And no one could encounter the natural issues of the world but with a heart brimming with faith and no one had the right to be a non-Christian and the church exerted all its might to christianize all the people and send them to paradise.26

With the advent of the French Revolution, the collapse of sovereignty and feudalism and the emergence of the bourgeois and the decline of power and sovereignty of the church in Europe particularly after the emergence of Protestantism and the bloody battles between the two parties and the Declaration of Human Rights in Europe, these nations collapsed yet in another way, falling from extravagance to shortcoming and went to the point where everyone found enough freedom to change their religion and to think the way they wished.

Consequently, under the influence of this culture, freedom of religion, thought and opinion is included in the Universal Declaration. As Islam is a religion of moderation, it is far from extravagance. Islam entitles man to think any way he wishes and knows no limitations for his thoughts and opinions; yet, ill-founded thoughts bound to hurt or destroy the society and disturb the general order are invalidated by law. In addition, whatever contrary to this is an oppression against the social welfare and thus against logic and law.

In article 22 of the Cairo Declaration of Human Rights in Islam, the Muslim countries entitle man to the enjoyment of freedom of thought and opinion and these freedoms are banned when they disturb the general order or hurt the public opinion.

Freedom of Religion

Absolute freedom of religion mentioned in the Universal Declaration of Human Rights is the aftermath of the misinterpretation of religion by the European intellectuals. Religion is ill- defined in the West. They look at it from a sociological perspective. On this basis, religion is personal, heartfelt and therefore a matter of taste; and everyone has the right to preserve it for himself just as some people are interested in music or a sport: Western interpretation of religion is sometimes heard from the easterners who opine that the diversity of belief is to be respected.

However, religion-in its objective and subjective entity-and in Islam (which regards religion as the inherent law in man) lives in the minds and hearts of people, but the origin is an outward one; the ideology, world vision, the explanation of the realities in the world and the rules stem from natural laws and as Muslim ulama (religious scholars) state,“Religious matters stem from genetic realities and the belief in religion means the harmonizing of man with nature.”

Hence, as nature is not illusionary or absurd, religion should not be based on illusion, and absurdity. Any misinterpretation of the world or God, nature or man is not religion and any opinion-when absurd- cannot be respected.

Be that as it may, as man and his belief are to be respected, Islam allows that everyone who is no able to understand the amazing nature of Islam and accepting and no one has the right to refrain his fellow beings from accepting Islam. Concerning this, the Holy Qur’an states,

“There is no compulsion in religion.” 27 (Surah al-Baqarah 2:256)

The path to salvation is made distinct from aberration and no one shall be compelled to accept religion, for everyone is free to choose the right path by virtue of his rationale and intellect and tell apart wrong from right.

As pronounced in the Holy Qur’an, one can exercise freedom in the choice of one’s religion, but thereafter one is bound to follow it as a covenant is made with God, based on the will of man.

Other rights such as the right to complain to the court or immunity from others’ interference in one’s affairs, letters and correspondences or the right to recreation or education or participation in social literary and artistic gatherings have been predicted which may be classified as individual rights and with the understanding we have of Islam these rights exist in Islam in their entirety.

The only point which we need to make here is that paragraph three of article29 of the Universal Declaration of Human Rights states,“These rights and freedoms in no case be contrary to the purposes of the principles of the united nations.”

The word purposes is very ambiguous here; it has not been properly defined in any culture. Ultimately the Declaration gives a definition for freedom and human rights and adds that all these rights and freedoms are dependent on them and the institutes of the United Nations do not have the right to allow veto to them; otherwise all those rights become null and void.

Notes

1. This is called negative freedom and positive freedom suggests the ability to do any desired thing.

2. That a child does not use his willpower before the age of maturity is because it has not reached full maturity. In addition, this is one of the veiled scientific points, which has found scant attention. There are philosophical and psychological differences between will and desire, although they have been mixed up.

3. Some criticize the Islamic laws and jurisprudence for heing filled with assignments and different commands and if the words of this humhle writer are true which are not, this is not the fault of the Muslim jurisprudence but the perfection of it and that of a community in which these rules dominate for if that community is tilled with rights but without assignments, is not a human community and in practice, such a community has never existed. Even in the olden communities, (like Hammurabi or in time of Ghengiz), the assignments had priority over rights.

4. Surah Al-Baqarah (2:30)

5. “There is no compulsion in religion.” Surah al-Baqarah, 2:25; “Indeed God changes not what is in a people, until they change what is in themselves.” Surah ar-Rad, 13:11

6. Freedom is a spiritual affair which may have spiritual and physical manifestations.

7. At least 18 articles out of 30 articles.

8. Like ''Worship not any one but The Almighty'“, which will be later on dealt with.

9. “And think in the creation of the heaven and the earth, (Surah Aale Imran, 3:191); I exhort you only to one thing, that rise up ye for God’s sake in twos and singly, then ponder ye, (Surah as-Saba 34:46); “Reflect they not within themselves” (Surah ar-Rum 30:8); “So related the story; haply they will reflect” (Surah al-A’raf 7:176; Surah al-Hashr 59:41; Surah al-Jathiyah 45:13; Surah az-Zumar 35:42; Surah Yunus 10:24 and the likes, and verses like “Do you not understand?” in surahs: al-Baqarah 2:44, 76 & 442; Aale Imran 3:32: al-A’raf 7:169; Yunus 10:16 and several other verses.

10. See Bihar al-Anwar, Vol. 22, p.391, “izaa balagha abi al-as thalathin rajolan itakhezu din allah dakhalan wa ibadallah kholan wa mal allah dowalan”, (in a hadith of Abudhar from the Holy Prophet and in the sermon of Imam Husayn (a.s)

11. Imam ‘Ali, Nahj al-Balaghah, Is Victory at the Price of Tyranny over Me Allowed?

12. “The true servants of God are those who hear everything, follow the best and these are the ones whom God guides and people call wise.” Verses which encourage thinking are already dealt with.

13. Article 1

14. Article 2

15. Article 4

16. Article 5

17. From this one can realise morality -unlike the beliefs of other idealogists is an inseparable part and cannot he separated from human idealogy and rights, law and traditions.

18. It is quoted from Imam ‘Ali “He who overcomes his carnal desires, he is free.”

19. “O People! Adam did not beget slaves or maids and people are all free.”

20. “It is He, Who created for you all that is in the earth.” Surah al-Baqarah 2:29.

21. Article 17, Everyone has the right to own property alone as well as in association with others.

22. Bihar, Vol. 32, p. 134.

23. See Public Ownership of the same author.

24. There is a hadith that says, “La’n allah in zigha man ya’ul.”

25. They are considered lawful by some of the jurisprudents and unlawful by others.

26. The basis of sending the missionaries for disseminating religion adds up to this fact.

27. Also verses: “To you your religion, and to me my religion” (Surah al-Kafirun, 109:6); “Wouldst thou then constrain the people, until they are believers?” (Surah Yunus 10:99), “So let whosoever will believe, and let whosoever will desbelieve'“ (Surah al-Kahf 18:29); “Then remind them! Thou art only a reminder; thou art not charged to oversee them” (Surah al-Ghashiyah 88:21-23); “It is thine only to deliver the Message, and Ours the reckoning” (Surah ar-R’ad 13:40); “It is only for the Messanger to deliver the Message” (Surah al-Ma’idah 5:99); and the likes.