Universal Declaration of Human Rights (UDHR, 1948) and Human Rights in Islam: Similarities & Differences
Contents
About
(UDHR is Non-Binding set of International law or soft law which resulted in binding law of 1976 civil & political rights and economic and cultural rights. UDH is thus a father-source for modern international human rights)
Article 1 UDHR Human Dignity
“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”.
Notes: Pay attention to the part “Equal in dignity and rights”. What does this mean? It means all human beings have equal honor as human beings, an honor, which is shared by all man and woman i.e., the least possible honor. Of course, a president has more honor than a layman in the street, but that kind of honor is not meant, but rather honor which will prevent you from degrading a human being through slander, torture, rape, discrimination or any other means recognized by International law.
Equality of rights simply mean “Equal before the law”, that is to say all person has a claim to fair trial, to courts and to justice. Definitely, the right against a convicted murderer in USA is different from that of UK because in the former case there is death penalty where as in the latter case there is no death penalty.
Islam 1 Human Dignity
“Verily we have honored the children of Adam” (Quran 17:70).
“O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness. And fear Allah ; indeed, Allah is Acquainted with what you do.” (Quran 5:8)
Also, the Hadith
“When the plaintiff and the defendant sit before you do not issue a verdict for one until you hear the statement of the other as you heard the first” (Abu Dawood 3582).
Islam predates in recognition of human honor and equality before the law.
Article 2 UDHR Non-Discrimination and Freedom
”Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.
Islam 2 Non-Discrimination and Freedom
“O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives” (Quran 4:135)
On the basis of article 10 of UDHR (see art 10), this verse negates discrimination by the highest standard i.e. denying family attachment in justice.
In the last sermon of Prophet, we see there is no distinction to be made based on color or race.
Article 3 UDHR Right to Life, Liberty and Security
“Everyone has the right to life, liberty and security of person.”
Islam 3 Right to Life, Liberty and Security
“whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely.” (Quran 5:32)
"Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment,“( 5:33)
“And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous.” (Quran 2:179)
These verses take in to account Islam’s role on life protection and security. The six fundamental goals of Islamic law: protection of faith, life, property, lineage, mind and honor.
Article 4 UDHR No to Slavery
” No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms”.
Islam 4 No to Slavery
“If somebody manumits a slave, Allah will save from the Fire every part of his body for freeing the corresponding parts of the slave's body, even his private parts will be saved from the Fire) because of freeing the slave's private parts”. (Hadith)
It should be noted that Islam came in a time when slavery was a custom of the world empires. Slavery was a simple and accepted part of society, and Islam came to relieve people but in a way they can accept and adopt, that is why Islam did not prohibit slavery. Rather it modified it through justice but encouraged strongly to free slaves. Also, Islamic legal maxim states, “Custom is a legal authority”, hence by the ceasing of slavery as a custom Islam also has repealed this. In other words, Islam came to abolish slavery through gradual stages. Islam was thus revolutionary. For more https://www.islamicrevolutionary.com/slavery-in-islam.html
Article 5 UDHR No Torture and Degradation
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.
It should be noted that what counts as torture or cruelty or any other legal terms relating to human actions is determined by UN resolutions, or world court (international court of justice) or any other relevant international institution with proper mandate or for that matter at times jurists. Treaties or custom can also decide it. We also, as humans have a notion and innate perception of what this can be.
Islam 5 No Torture and Degradation
"A woman was punished on account of a cat which she locked up until it died, and she entered the Fire. She neither fed it nor gave it anything to drink when she confined it, nor did she allow it to eat the earth's rodents and insects." (Hadith)
This is only for an animal so think how much for a human being. Torture is defined in international law as infliction of severe punishment mental or physical. This is a very subjective matter, as you cannot weight severity. It is just what people finds in their hearts as repulsive and inhumane, but whether this is a valid standard is questionable.
Islam has stated that any temporary or permanent disfigurement of the body or limb except in cutting of the thief’s hand is prohibited. The cutting of thieves’ hand is for public security and interest. This safeguard of property is one of Islam’s primary aims as mentioned earlier in Islam 3.
Article 6 UDHR Right of Recognition
“Everyone has the right to recognition everywhere as a person before the law”.
Islam 6 Right of Recognition
“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.” (Quran 4:58)
In Islam justice is for all, and Islam is there to ensure it for all, under it’s jurisdiction which in other words, everyone is a legal subject under Islam, even the minor through his/her guardian. This article 6 of UDHR suits with Islamic principle.
Article 7 UDHR Equality Before Law
“All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination”.
Islam 7 Equality Before Law
“Do justice for Allah and do justice towards the people, as against yourself, your near ones and those of your subjects for whom you have a liking because if you do not do so you will be oppressive, and when a person oppresses the creatures of Allah then, instead of His creatures, Allah becomes his opponent, and when Allah is the opponent of a person He tramples his plea; and he will remain in the position of being at war with Allah until he gives it up and repents. ”(Imam Ali in Nahjul Balagha, Letter 53).
“Imam Ali (AS) said, ‘The most just from all creation is he who fulfils rights most indiscriminately”. ’[Ghurar al-Hikam, no. 3014]
“The Prophet (SAWA) said, ‘Accept the truth from anyone who comes to you with it - be he lowly or noble, even if he himself is detestable to you. And reject falsehood from anyone who comes to you with it - be he lowly or noble, even if he is beloved to you”. ’[Kanz al-`Ummal, no. 43152]
In Islam the protection of the six goals as stated previously is of central issue in Jurisprudence (Ghazzali, Juwaini). And to attain these goals all must be equal before the law and must enjoy the protection of law even non-Muslims. Equality before the law means everyone has access to fair trial, justice and remedy.
Article 8 UDHR Right to Fair Trial
“Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law “
Simply put it means anyone whose fundamental legal right, which has been violated, must be looked into by COMPETENT national tribunal. Competency will rule out corrupt and inefficient tribunals.
Islam 8 Right to Fair Trial
"Many a community ruined itself in the past as they only punished the poor and ignored the offences of the exalted." [Hadith] .
“A judge must not preside on cases when he is in a state of anger” (Hadith).
As to the remedy part “pay the labor his due before his sweat dries” (hadith).
“Any ruler who hides himself from people’s needs, Allah will also hide Himself from him and his needs on the Judgment day; and if he accepts gifts, he would be a traitor; and if he accept bribes, he would be a polytheist.” (hawab al-A’mal: 310/1. Bihar al-Anwar: 72/345/42)
We see that in a simple case of employment the standard of responsibility then the issue before the law even more deserves a swift and fair remedy.
Article 9 UDHR No to Arbitrary Arrest
“No one shall be subjected to arbitrary arrest, detention or exile”.
Islam 9 No to Arbitrary Arrest
"Freedom from liability is a fundamental principle." (Qawaid Fiqh i.e. Islamic legal maxims by Ibn Nujaim Al-Hanafi)
If someone is free from liability, he cannot be put into detention.
Article 10 Right to Fair Trial
“Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”
Here it points to two important things: Fair and public trial especially in criminal charges and rights and obligations are determined by fair and impartial independent tribunal (i.e. the law).
Islam 10 Right to Fair Trial
“But no, by your Lord, they shall have no faith until they make you (O Muhammad) judge in all their disputes…..”(holy Quran 4:65)
“…And if you judge (O Muhammad), judge between them with justice. (holy Quran 5:42)
“O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives” (Quran 4:135)
"Judgment shall be given in respect to any matter, which has been proof at any particular time, unless the contrary is proved" (Islamic legal maxims by Ibn Nujaim Al-Hanafi) .
The verses state that all persons can have access to justice in Islam regarding their disputes and that justice must be fair and the maxim shows that proof is to be established before any judgment is pronounced. However, trials being public or private remain at the hands of the Islamic judge to decide. Islamic legal system similar to inquisitorial legal system similar to France.
Article 11 UDHR Innocent Until Proven Guilty
(1) Everyone charged with a penal offence has 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.
(2) No one shall be held guilty of any penal offence on account of any act or omission, which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Point 1 states the concept of presumption of innocence. Point 2 states that a new law, which did not consider such act as criminal at the time it was committed, cannot punish a crime nor the penalty, can exceed the penalty which existed at the time the crime was committed. It means a new penalty cannot be imposed for a crime in a certain past time when such a penalty did not exist.
Islam 11 UDHR Innocent Until Proven Guilty
Presumption of innocence has been states in point 9. As to point 2 of this articles, the issue is, can Islamic law impose a death penalty for example for murder on a murderer who committed murder in a time when the law did not acknowledge death penalty? Let us look at what holy Prophet pbuh did when he conquered Makkah. There were many criminals who committed crimes against Muslims. The prophet pbuh forgave them all. If we see this in a legal way it can be said that those people were not under the jurisdiction of Islamic law as the people of Madinah were. It is possible that if a person knows that for murder there is death penalty he may not commit a murder, in contrast to a murderer who murders while in a legal system which does not give death penalty. Islam thus gives people a chance to reconsider their actions. Islam was revolutionary in this sense.
Article 12 UDHR Protection of Privacy
“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks. “
Islam 12 Protection of Privacy
'Do not spy on one another' (49:12);
Spying means interference in a private manner in to private persons. As to the safeguard of honor and dignity please read on.
Article 13 Freedom of Movement
“(1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country“
It is not true that everyone achieves this because law also bars this general rule, such as everyone cannot go into a restricted military area. Also, the later part is not followed in many countries such as Saudi Arabia or Malaysia for example where you cannot just leave without the authority giving you a stamp of permission to leave which they call exit visa.
Islam 13 Freedom of Movement
Islamic law pursues six objectives as mentioned in Islam 3.
As to the second part the law of Islam allows freedom of movement as long as it does not include trespassing in another’s property (Ahkam Sultaniyya).
Also, if we see classical practice in classical times people were not supposed to take permission to leave an Islamic jurisdiction.
Article 14 UDHR Freedom of Migration and Asylum
(1) everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Unjust persecution gives one right to seek asylum in another country. Persecution can only be done in cases of genuine crimes
.
Islam 14 Freedom of Migration and Asylum
“Indeed, those whom the angels take [in death] while wronging themselves - [the angels] will say, "In what [condition] were you?" They will say, "We were oppressed in the land." The angels will say, "Was not the earth of Allah spacious [enough] for you to emigrate therein?" For those, their refuge is Hell - and evil it is as a destination.” (Quran 4:97)
Islam emphasizes migration from persecution. The Ottoman empire have been a safe haven for the Jewish refugees for decades, fleeing Christian persecution from Europe.
Muslims sought refuge in the Christian kingdom of Habasha in early days of Islam and also later they sought refuge in Madinah, but this was different from the former. The point is seeking refuge is valid when a group or a person is being unjustly persecuted. There is no such thing as political crimes in Islam, but every crime is measured through the constitution of Quran and Sunnah and Islamic jurisprudence. If by political crime you mean crimes against the state, then Islam does not allow crimes against the Islamic political establishment. This is a breach of public security and threatening to peace of the land
Article 15 UDHR Right to Nationality
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
The international court of justice defines nationality as “a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties. It may be said to constitute the juridical expression of the fact that the individual upon whom it is conferred, either directly by the law or as the result of an act of the authorities, is in fact more closely connected with the population of the State conferring nationality than with that of any other State”.(Nottebohm case).
Thus, nationality is a racial, ethnic & legal connection with you to the state you belong to. Citizenship is however different, and it is only a legal connection with you and the state conferring it. For example, a German person if acquires an American citizenship will always be German even if he is stripped of his citizenship from Germany because he belongs the German people’s race. These two terms however vary from jurisdiction to jurisdiction.
Islam 15 Right to Nationality
Islam recognizes people’s proper attachment with their races and nations and may imply citizenship on the basis of law.
“O mankind! We have created you from a male and a female, and made you into nations and tribes,” (Quran 49:13).
Here nations mean the race you belong to or the lineage you belong to. Tribe is a specific and smaller aspect of a single race or nation.
As to, obligation to have nationality is an essential factor in modern world because through it justice and social welfare can be attained and as Islam concerns the six objectives for not just Muslims but mankind then by today’s standard Islamic law also agrees to people having citizenship or belonging. Islam however does not accept nationalist sentiment for Muslims, as Muslim is a single nation. So having a nationality is different from being a nationalist or having nationalism.
Article 16 UDHR Right to Marry
(1) 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.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Put simply both man and woman has right to marry and to separation and full protection of law. This implies also that any communion which does not reproduce into a family is outside this article such as gays and lesbians.
Islam 16 Right to Marry
“A virgin came to the Prophet (peace be upon him) and mentioned that her father had married her against her will, so the Prophet (peace be upon him) allowed her to exercise her choice”.(Hadith)
This gives right to Muslim girls to marry a Muslim of her own choice, provided a guardian oversee the marriage along with other conditions of Islamic marriage.
“A woman came to the Prophet Muhammad seeking the dissolution of her marriage, she told the Prophet that she did not have any complaints against her husband's character or manners. Her only problem was that she honestly did not like him to the extent of not being able to live with him any longer. The Prophet asked her: "Would you give him his garden (the marriage gift he had given her) back?" she said: "Yes". The Prophet then instructed the man to take back his garden and accept the dissolution of the marriage” (Hadith).
In Islam only, a man can give divorce, but a woman can proceed with Khul-attempt to dissolve. Both result in separation but both have different rules.
Muslim woman is not allowed to marry non-Muslim. This is to protect the lineage; One of the aims of Islamic law. To protect the lineage is to ensure the continuity of Muslims as worshippers of God. A Muslim man cannot marry a pagan or idol worshipper or an atheist. He can marry practicing Jews or Christians or Muslims. The reason for this is, husband being a figurehead of guidance and protection of the family will have considerable influence in deciding the religion of his children (i.e. upbringing and child care) and also perhaps conversion of his wife. Psychologically, women tend to be more based in neuroticism, engaging and seeking security, which the husband has to provide, and this is a contributing factor for his positive persuasion. Also, as Jews and Christians are also believers in Moses and Jesus, both great prophets in Islam, unlike pagans so their women are permissible.
For protection of life and lineage see Islam 13.
Article 17 UDHR Right to Own Property
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property
Islam 17 Right to Own Property
“And those who hoard gold and silver and spend them not in the way of Allah, announce unto them a painful torment.” (Quran 9:34)
Ownership of property in Islam individually or in partnership is allowed except that hoarding or amassing is not allowed but if certain rules (Islamic law about property and spending) are followed then the application of “amassing wealth is not applied in such a context” as due tax will be imposed on the wealth. However during stressful economic situations, the Islamic government can impose necessary and increased taxation for public welfare as it will be haram for the rich to hoard while the poor starves and suffers.
For more info on Islamic taxation
https://www.islamicrevolutionary.com/taxation-in-islam.html
https://www.islamicrevolutionary.com/islamic-financial-system.html
“No person may deal with the property of another without such person's permission”.
“No person may take another person's property without legal cause” (Islamic legal maxims by Ibn Nujaim alhanafi and Imam Suyuti)
Article 18 UDHR Freedom of Expression
“Everyone 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.”
Islam 18 Freedom of Expression
Islam allows some of those rights such as practice worship and observance, as long as it does not conflict with Islamic governance i.e. state laws, legal system and issues of fundamental importance. Islam allows existence of Judeo-Christian legal system in Islamic state provided that these two systems do not override or conflict with Islam’s universal jurisdiction on state, land, border, executive, judiciary and military. So it can be said, those two systems can only be applied in family and criminal law among Jews with Jews and Christians with Christians. Please see Islam 20. Allowance does not mean acceptance. Allowance is simply a respite by Divine injunctions.
See https://www.islamicrevolutionary.com/need-for-shariah.html
As to changing of religion in Islam from Muslim to Christian or Jew etc. is not allowed, because Islam is not only a religion for worship but also a government and jurisdiction. Allowing Muslims to change religion will destabilize Islamic government, jurisdiction and will facilitate the formation of un-Islamic jurisdiction. It is like in a state people changing their political beliefs challenging the existence system. Soviet Russia persecuted proponent of democracy, and USA persecuted proponents of Communists under special law and tribunals during the cold war era. This rationale can also be applied to freedom of thought i.e. bad influence on the mind may threaten stability, morality and governance. However, a citizen can do constructive criticism (not incitement) against the Islamic government as long as he or she feels his/her rights have been violated.
Article 19 UDHR Freedom of Opinion
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”
We need to remind ourselves that this declaration came in a time when world was in a colonial grasp and there was a looming threat of communism. Thus, one-sided mind namely the democratic mind drafted the declaration in a certain context of world politics and demography. In the world at that, to me there were numerous people with a communist mind. This was not taken in to account.
Islam 19 Freedom of Opinion
See Islam 20 and Islam 13. Islam allows holding you whatever beliefs or ideas you have in private or public but with a threat or reward in the afterlife. Allah says
” Whosoever will, let him believe, and whosoever will, let him disbelieve.” (18:29)
This is personal to yourself but when you publicize your thoughts then it cannot promote civil disobedience and communal violence through propaganda, lie and deceptive rhetoric exactly what right wing fascists doing in west and India. Fake news is not freedom of expression. Every freedom is Islam has consequence and responsibility.
Article 20 UDHR Freedom of Assembly
“(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.”
Note the term peaceful. All assembly and association thus should be peaceful and not aimed at criminal agendas and incitement to make violence and instability.
Islam 20 Freedom of Assembly
“There is no compulsion in religion"(2:256 of holy Quran).
If no one can be compelled to religion, then it is even more suiting that no one is compelled to any other association for or against. However, associations/assemblies harboring elements of incitement and criminal activities must be abandoned through the force of law or force of non-lethal arms.
Article 21 UDHR Freedom to Public Office and Election
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will, shall be expressed in periodic and genuine elections, which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures
If everyone has the right then this means no restrictions should apply, whether someone is a religious cleric or a communist hardliner. The ousting of Mr. Morsi of Egypt completely contradicts this article. So, in reality this is not what it is applied but should be applied. Besides there should be a ruler, which represents the interest and values of the majority as well as minority. Also, part three is unfair because there can be many other sources of government. Point three is enforcing onto people one type of government. The policy of secret vote is also dangerous which can open for deliberate inaccurate vote count, and no mechanism could be placed to check this.
In reality the democratic process in west is always determined by the majority native population, their conscience and culture. This majoritarian definition of de-facto system is the real system of governance in most countries of the world. In west for now it is the liberal system, but the shift is going towards more to right wing fascism. Democracy only emphasizes the de-facto underlying political, cultural and economic systems without hardly toppling it or changing it drastically.
Islam 21 Freedom to Public Office and Election
“Indeed Command belongs to Allah” i.e. Source of legislation (Quran 3:154)
“And when your Lord said to the Angels: indeed I am going to make representative on earth…” (Quran 2:30).
Thus, the government in Islam is a representative of God’s authority, the source of which is Divine scripture and revelation, theocratic and juristic inquiry of the sources and its development with changing times. This is not seen in any self-proclaimed Islamic government whether Taliban, ISIS or Al-Qaeda except Islamic republic of Iran. To achieve this, contemporary education and wisdom are essential along with the historical Islam and its sciences. No form of government can be represented truly by the inefficient many.
In Islam everyone has right to take part in Islamic state’s functioning both Muslim or non-Muslim as long as they understand and uphold the Islamic system. Can a non-Muslim become the ruler of people? This is like asking can a foreigner become a head of state? In secular nationalist system nationality is priority and similarly in Islamic system piety is priority. This is justified discrimination and rational. This is justified because only a pious ruler can be a barrier against corruption. Lack of godliness and piety in secular system is an essential reason of people’s suffering. Hence Islam demanding a Muslim pious ruler is not supremacy of Islam or Muslims but due to the wellbeing of the people. Another reason that goes with piety is knowledge of the religion as well. A person lacking Islamic knowledge is inefficient to attend to the matters of Islamic rule.
In Islamic system of governance democratic process is limited to merits that is only the merit-based system of election needs to be allowed. This meritocracy is needed to exclude people who are moved by emotion, propaganda and bribes. The election of the intellectuals is what Islam proposes. See https://www.islamicrevolutionary.com/framework-of-islamic-rule-an-analysis-of-constitution-of-medina.html
Article 22 UDHR Right to Self-Development
“Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.”
Islam 22 Right to Self-Development
In Islam there is the concept of house of wealth or in modern term the state treasury. This is for public benefit. Islam has detailed rules and laws of how this treasury should be allocated, how it should be accumulated and dispensed with. All has access to this treasury whether Muslim or Non-Muslim, but both must fulfill criteria to enjoy the benefit (see section of recipients https://www.islamicrevolutionary.com/taxation-in-islam.html).
Islam allows existence of other religious cultures. Only thing Islam against is vice and immorality which is danger to moral health of society, family and individual. Islamic treasury is for all irrespective of religion, gender, race or ethnicity.
Article 24 UDHR Right to Leisure
“Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.”
Islam 24 Right to Leisure
Imam Ali (AS) said, ‘How deserving man is of having an hour where no one disturbs him!’[Ghurar al-Hikam, no. 9684]
“Hardship begets facility/ease". (Islamic legal maxims writings by Ibn Nujaim and Suyuti).
This maxim is a standard that in case of any forthcoming or existing hardship of any kind in the public or private organization, social, economic, political, legal or religious existence, will invoke the facilitative policies, rules and laws.
Article 25 UDHR Right to Life Necessities
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Islam 25 Right to Life Necessities
For part 1 please see Islam 3 and 24. The adulteress mother, as part of Islam’s six protective agenda (see Islam 3), will have her body and child protected till birth of the child. She and the adulterer will be put to the criminal law of Islam if she was found guilty of intentional sexual intercourse [whether fornication or adultery] with a stranger [not her husband/wife]. The Child must be looked after by the father but won’t be heir to the father, except that bequest could be granted for the benefit of the child. This is for Muslim to Muslim. As to Non-Muslim to non-Muslim they can judge by their own scriptures or custom. Islam partially thus allows existence of multi-legal system in its jurisdiction as long as such is limited with in the minority polity.
Article 26 UDHR Right to Education
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Fake news, illiteracy, poverty and lack of education are creating a context for the rise of right- wing fascism in west and India.
Islam 26 Right to Education
"The seeking of knowledge is obligatory for every Muslim."(Hadith)
“One who treads a path in search of knowledge has his path to Paradise made easy by God…”(Hadith)
"Knowledge from which no benefit is derived is like a treasure out of which nothing is spent in the cause of God." (Hadith).
Thus, Islamic law will ensure such is acquired essentially and substantially through education, which is free, provided the state treasure can support it. In case of limited and scarce resources free educational areas must be allocated.
Protection of mind is one of the six fundamental aims of Islam; thus education and knowledge seeking must bring about the fulfillment of intellectual, social and moral personality.
Parent’s right is not absolute but conditional to the aim and purpose of the education that is chosen for their children. The legal subjects of Islam must bring about a complete whole, not defragmented and ill formed whole.
Article 27 UDHR Right to Cultural and Moral Protection
(1) Everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author
Islam 27 Right to Culture and Moral Protection
“O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honored of you in the sight of God is (he who is) the most righteous of you….” (Quran 49:13)
The wordings “know each other” suggests knowledge sharing of culture and science, trade and commerce, history and languages. The wordings “righteous of you..” suggestive of right, fair and just way of cultural and scientific exchange, trade and commercial exchange. Also, we see how Muslims realized this right by sharing Greek, Indian and other knowledge with the west. In other words, beneficial knowledge is not to be monopolized in Islam except through reciprocity.
For part 2 Hadith states in the wordings of prophet pbuh
“… Maybe someone amongst you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favor according to what I hear. Beware! If ever I give (by error) somebody something of his brother's right then he should not take it as I have only given him a piece of Fire.”(Hadith)
Note the wordings “brother’s rights”: One’s knowledge, by which he invents or discovers something, is his right. To put in a more precise way “Intellectual property rights”, is guaranteed in Islam.
Article 28 UDHR Right to International Protection
“Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.”
Islam 28 Right to International Protection
Islam will help any people who truly make effort to attain real human rights, which are not standardized by a certain culture. Islam respects multi-culturalism in balanced way and it does not enforce culture due to loyalty to any race or tribe or country. Islam respects an international order where opportunity for everyone is fair and for every nation is equal in front of law. Islam supports merit and righteousness as the distinguishing factor towards opportunities and not race, culture, tribe, class, gender, religion.
Article 29 UDHR Context of Law
“In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society”.
“These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.”
It says right of one cannot violate right of another so achievement of collective right and freedom will be measured and determined by law.
Islam 29 Context of Law
In Islam public right based on protection of morality and human dignity is generally precedence, right which is not a luxury for the public in expense of others, but essential. It is always seen that which right private or public if implemented will serve the purpose of Divine law and social interest. Morality is vital in Islam and plays a significant role in shaping social, economic and cultural rights of all people in an Islamic society.
Islam and UN charter has lots of common grounds and both can work together for a great purpose. UN purpose agrees with Islam in the sense of establishing peace, rule of law, justice, immigration and equality among nations and fighting racism, propaganda and apartheid.
Article 30 UDHR Limitation
“Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.”
Islam 30 Limitation
All interpretations of Islamic law are purely to uphold he six interests of Islam: Faith, Life, property, honor, lineage and mind.
See https://www.islamicrevolutionary.com/shariah-law.html
- About
- Article 1 UDHR Human Dignity
- Islam 1 Human Dignity
- Article 2 UDHR Non-Discrimination and Freedom
- Islam 2 Non-Discrimination and Freedom
- Article 3 UDHR Right to Life, Liberty and Security
- Islam 3 Right to Life, Liberty and Security
- Article 4 UDHR No to Slavery
- Islam 4 No to Slavery
- Article 5 UDHR No Torture and Degradation
- Islam 5 No Torture and Degradation
- Article 6 UDHR Right of Recognition
- Islam 6 Right of Recognition
- Article 7 UDHR Equality Before Law
- Islam 7 Equality Before Law
- Article 8 UDHR Right to Fair Trial
- Islam 8 Right to Fair Trial
- Article 9 UDHR No to Arbitrary Arrest
- Islam 9 No to Arbitrary Arrest
- Article 10 Right to Fair Trial
- Islam 10 Right to Fair Trial
- Article 11 UDHR Innocent Until Proven Guilty
- Islam 11 UDHR Innocent Until Proven Guilty
- Article 12 UDHR Protection of Privacy
- Islam 12 Protection of Privacy
- Article 13 Freedom of Movement
- Islam 13 Freedom of Movement
- Article 14 UDHR Freedom of Migration and Asylum
- Islam 14 Freedom of Migration and Asylum
- Article 15 UDHR Right to Nationality
- Islam 15 Right to Nationality
- Article 16 UDHR Right to Marry
- Islam 16 Right to Marry
- Article 17 UDHR Right to Own Property
- Islam 17 Right to Own Property
- Article 18 UDHR Freedom of Expression
- Islam 18 Freedom of Expression
- Article 19 UDHR Freedom of Opinion
- Islam 19 Freedom of Opinion
- Article 20 UDHR Freedom of Assembly
- Islam 20 Freedom of Assembly
- Article 21 UDHR Freedom to Public Office and Election
- Islam 21 Freedom to Public Office and Election
- Article 22 UDHR Right to Self-Development
- Islam 22 Right to Self-Development
- Article 24 UDHR Right to Leisure
- Islam 24 Right to Leisure
- Article 25 UDHR Right to Life Necessities
- Islam 25 Right to Life Necessities
- Article 26 UDHR Right to Education
- Islam 26 Right to Education
- Article 27 UDHR Right to Cultural and Moral Protection
- Islam 27 Right to Culture and Moral Protection
- Article 28 UDHR Right to International Protection
- Islam 28 Right to International Protection
- Article 29 UDHR Context of Law
- Islam 29 Context of Law
- Article 30 UDHR Limitation
- Islam 30 Limitation
About
(UDHR is Non-Binding set of International law or soft law which resulted in binding law of 1976 civil & political rights and economic and cultural rights. UDH is thus a father-source for modern international human rights)
Article 1 UDHR Human Dignity
“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”.
Notes: Pay attention to the part “Equal in dignity and rights”. What does this mean? It means all human beings have equal honor as human beings, an honor, which is shared by all man and woman i.e., the least possible honor. Of course, a president has more honor than a layman in the street, but that kind of honor is not meant, but rather honor which will prevent you from degrading a human being through slander, torture, rape, discrimination or any other means recognized by International law.
Equality of rights simply mean “Equal before the law”, that is to say all person has a claim to fair trial, to courts and to justice. Definitely, the right against a convicted murderer in USA is different from that of UK because in the former case there is death penalty where as in the latter case there is no death penalty.
Islam 1 Human Dignity
“Verily we have honored the children of Adam” (Quran 17:70).
“O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness. And fear Allah ; indeed, Allah is Acquainted with what you do.” (Quran 5:8)
Also, the Hadith
“When the plaintiff and the defendant sit before you do not issue a verdict for one until you hear the statement of the other as you heard the first” (Abu Dawood 3582).
Islam predates in recognition of human honor and equality before the law.
Article 2 UDHR Non-Discrimination and Freedom
”Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.
Islam 2 Non-Discrimination and Freedom
“O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives” (Quran 4:135)
On the basis of article 10 of UDHR (see art 10), this verse negates discrimination by the highest standard i.e. denying family attachment in justice.
In the last sermon of Prophet, we see there is no distinction to be made based on color or race.
Article 3 UDHR Right to Life, Liberty and Security
“Everyone has the right to life, liberty and security of person.”
Islam 3 Right to Life, Liberty and Security
“whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely.” (Quran 5:32)
"Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment,“( 5:33)
“And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous.” (Quran 2:179)
These verses take in to account Islam’s role on life protection and security. The six fundamental goals of Islamic law: protection of faith, life, property, lineage, mind and honor.
Article 4 UDHR No to Slavery
” No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms”.
Islam 4 No to Slavery
“If somebody manumits a slave, Allah will save from the Fire every part of his body for freeing the corresponding parts of the slave's body, even his private parts will be saved from the Fire) because of freeing the slave's private parts”. (Hadith)
It should be noted that Islam came in a time when slavery was a custom of the world empires. Slavery was a simple and accepted part of society, and Islam came to relieve people but in a way they can accept and adopt, that is why Islam did not prohibit slavery. Rather it modified it through justice but encouraged strongly to free slaves. Also, Islamic legal maxim states, “Custom is a legal authority”, hence by the ceasing of slavery as a custom Islam also has repealed this. In other words, Islam came to abolish slavery through gradual stages. Islam was thus revolutionary. For more https://www.islamicrevolutionary.com/slavery-in-islam.html
Article 5 UDHR No Torture and Degradation
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.
It should be noted that what counts as torture or cruelty or any other legal terms relating to human actions is determined by UN resolutions, or world court (international court of justice) or any other relevant international institution with proper mandate or for that matter at times jurists. Treaties or custom can also decide it. We also, as humans have a notion and innate perception of what this can be.
Islam 5 No Torture and Degradation
"A woman was punished on account of a cat which she locked up until it died, and she entered the Fire. She neither fed it nor gave it anything to drink when she confined it, nor did she allow it to eat the earth's rodents and insects." (Hadith)
This is only for an animal so think how much for a human being. Torture is defined in international law as infliction of severe punishment mental or physical. This is a very subjective matter, as you cannot weight severity. It is just what people finds in their hearts as repulsive and inhumane, but whether this is a valid standard is questionable.
Islam has stated that any temporary or permanent disfigurement of the body or limb except in cutting of the thief’s hand is prohibited. The cutting of thieves’ hand is for public security and interest. This safeguard of property is one of Islam’s primary aims as mentioned earlier in Islam 3.
Article 6 UDHR Right of Recognition
“Everyone has the right to recognition everywhere as a person before the law”.
Islam 6 Right of Recognition
“Indeed, Allah commands you to render trusts to whom they are due and when you judge between people to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.” (Quran 4:58)
In Islam justice is for all, and Islam is there to ensure it for all, under it’s jurisdiction which in other words, everyone is a legal subject under Islam, even the minor through his/her guardian. This article 6 of UDHR suits with Islamic principle.
Article 7 UDHR Equality Before Law
“All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination”.
Islam 7 Equality Before Law
“Do justice for Allah and do justice towards the people, as against yourself, your near ones and those of your subjects for whom you have a liking because if you do not do so you will be oppressive, and when a person oppresses the creatures of Allah then, instead of His creatures, Allah becomes his opponent, and when Allah is the opponent of a person He tramples his plea; and he will remain in the position of being at war with Allah until he gives it up and repents. ”(Imam Ali in Nahjul Balagha, Letter 53).
“Imam Ali (AS) said, ‘The most just from all creation is he who fulfils rights most indiscriminately”. ’[Ghurar al-Hikam, no. 3014]
“The Prophet (SAWA) said, ‘Accept the truth from anyone who comes to you with it - be he lowly or noble, even if he himself is detestable to you. And reject falsehood from anyone who comes to you with it - be he lowly or noble, even if he is beloved to you”. ’[Kanz al-`Ummal, no. 43152]
In Islam the protection of the six goals as stated previously is of central issue in Jurisprudence (Ghazzali, Juwaini). And to attain these goals all must be equal before the law and must enjoy the protection of law even non-Muslims. Equality before the law means everyone has access to fair trial, justice and remedy.
Article 8 UDHR Right to Fair Trial
“Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law “
Simply put it means anyone whose fundamental legal right, which has been violated, must be looked into by COMPETENT national tribunal. Competency will rule out corrupt and inefficient tribunals.
Islam 8 Right to Fair Trial
"Many a community ruined itself in the past as they only punished the poor and ignored the offences of the exalted." [Hadith] .
“A judge must not preside on cases when he is in a state of anger” (Hadith).
As to the remedy part “pay the labor his due before his sweat dries” (hadith).
“Any ruler who hides himself from people’s needs, Allah will also hide Himself from him and his needs on the Judgment day; and if he accepts gifts, he would be a traitor; and if he accept bribes, he would be a polytheist.” (hawab al-A’mal: 310/1. Bihar al-Anwar: 72/345/42)
We see that in a simple case of employment the standard of responsibility then the issue before the law even more deserves a swift and fair remedy.
Article 9 UDHR No to Arbitrary Arrest
“No one shall be subjected to arbitrary arrest, detention or exile”.
Islam 9 No to Arbitrary Arrest
"Freedom from liability is a fundamental principle." (Qawaid Fiqh i.e. Islamic legal maxims by Ibn Nujaim Al-Hanafi)
If someone is free from liability, he cannot be put into detention.
Article 10 Right to Fair Trial
“Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him”
Here it points to two important things: Fair and public trial especially in criminal charges and rights and obligations are determined by fair and impartial independent tribunal (i.e. the law).
Islam 10 Right to Fair Trial
“But no, by your Lord, they shall have no faith until they make you (O Muhammad) judge in all their disputes…..”(holy Quran 4:65)
“…And if you judge (O Muhammad), judge between them with justice. (holy Quran 5:42)
“O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives” (Quran 4:135)
"Judgment shall be given in respect to any matter, which has been proof at any particular time, unless the contrary is proved" (Islamic legal maxims by Ibn Nujaim Al-Hanafi) .
The verses state that all persons can have access to justice in Islam regarding their disputes and that justice must be fair and the maxim shows that proof is to be established before any judgment is pronounced. However, trials being public or private remain at the hands of the Islamic judge to decide. Islamic legal system similar to inquisitorial legal system similar to France.
Article 11 UDHR Innocent Until Proven Guilty
(1) Everyone charged with a penal offence has 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.
(2) No one shall be held guilty of any penal offence on account of any act or omission, which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Point 1 states the concept of presumption of innocence. Point 2 states that a new law, which did not consider such act as criminal at the time it was committed, cannot punish a crime nor the penalty, can exceed the penalty which existed at the time the crime was committed. It means a new penalty cannot be imposed for a crime in a certain past time when such a penalty did not exist.
Islam 11 UDHR Innocent Until Proven Guilty
Presumption of innocence has been states in point 9. As to point 2 of this articles, the issue is, can Islamic law impose a death penalty for example for murder on a murderer who committed murder in a time when the law did not acknowledge death penalty? Let us look at what holy Prophet pbuh did when he conquered Makkah. There were many criminals who committed crimes against Muslims. The prophet pbuh forgave them all. If we see this in a legal way it can be said that those people were not under the jurisdiction of Islamic law as the people of Madinah were. It is possible that if a person knows that for murder there is death penalty he may not commit a murder, in contrast to a murderer who murders while in a legal system which does not give death penalty. Islam thus gives people a chance to reconsider their actions. Islam was revolutionary in this sense.
Article 12 UDHR Protection of Privacy
“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks. “
Islam 12 Protection of Privacy
'Do not spy on one another' (49:12);
Spying means interference in a private manner in to private persons. As to the safeguard of honor and dignity please read on.
Article 13 Freedom of Movement
“(1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country“
It is not true that everyone achieves this because law also bars this general rule, such as everyone cannot go into a restricted military area. Also, the later part is not followed in many countries such as Saudi Arabia or Malaysia for example where you cannot just leave without the authority giving you a stamp of permission to leave which they call exit visa.
Islam 13 Freedom of Movement
Islamic law pursues six objectives as mentioned in Islam 3.
As to the second part the law of Islam allows freedom of movement as long as it does not include trespassing in another’s property (Ahkam Sultaniyya).
Also, if we see classical practice in classical times people were not supposed to take permission to leave an Islamic jurisdiction.
Article 14 UDHR Freedom of Migration and Asylum
(1) everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Unjust persecution gives one right to seek asylum in another country. Persecution can only be done in cases of genuine crimes
.
Islam 14 Freedom of Migration and Asylum
“Indeed, those whom the angels take [in death] while wronging themselves - [the angels] will say, "In what [condition] were you?" They will say, "We were oppressed in the land." The angels will say, "Was not the earth of Allah spacious [enough] for you to emigrate therein?" For those, their refuge is Hell - and evil it is as a destination.” (Quran 4:97)
Islam emphasizes migration from persecution. The Ottoman empire have been a safe haven for the Jewish refugees for decades, fleeing Christian persecution from Europe.
Muslims sought refuge in the Christian kingdom of Habasha in early days of Islam and also later they sought refuge in Madinah, but this was different from the former. The point is seeking refuge is valid when a group or a person is being unjustly persecuted. There is no such thing as political crimes in Islam, but every crime is measured through the constitution of Quran and Sunnah and Islamic jurisprudence. If by political crime you mean crimes against the state, then Islam does not allow crimes against the Islamic political establishment. This is a breach of public security and threatening to peace of the land
Article 15 UDHR Right to Nationality
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
The international court of justice defines nationality as “a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties. It may be said to constitute the juridical expression of the fact that the individual upon whom it is conferred, either directly by the law or as the result of an act of the authorities, is in fact more closely connected with the population of the State conferring nationality than with that of any other State”.(Nottebohm case).
Thus, nationality is a racial, ethnic & legal connection with you to the state you belong to. Citizenship is however different, and it is only a legal connection with you and the state conferring it. For example, a German person if acquires an American citizenship will always be German even if he is stripped of his citizenship from Germany because he belongs the German people’s race. These two terms however vary from jurisdiction to jurisdiction.
Islam 15 Right to Nationality
Islam recognizes people’s proper attachment with their races and nations and may imply citizenship on the basis of law.
“O mankind! We have created you from a male and a female, and made you into nations and tribes,” (Quran 49:13).
Here nations mean the race you belong to or the lineage you belong to. Tribe is a specific and smaller aspect of a single race or nation.
As to, obligation to have nationality is an essential factor in modern world because through it justice and social welfare can be attained and as Islam concerns the six objectives for not just Muslims but mankind then by today’s standard Islamic law also agrees to people having citizenship or belonging. Islam however does not accept nationalist sentiment for Muslims, as Muslim is a single nation. So having a nationality is different from being a nationalist or having nationalism.
Article 16 UDHR Right to Marry
(1) 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.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Put simply both man and woman has right to marry and to separation and full protection of law. This implies also that any communion which does not reproduce into a family is outside this article such as gays and lesbians.
Islam 16 Right to Marry
“A virgin came to the Prophet (peace be upon him) and mentioned that her father had married her against her will, so the Prophet (peace be upon him) allowed her to exercise her choice”.(Hadith)
This gives right to Muslim girls to marry a Muslim of her own choice, provided a guardian oversee the marriage along with other conditions of Islamic marriage.
“A woman came to the Prophet Muhammad seeking the dissolution of her marriage, she told the Prophet that she did not have any complaints against her husband's character or manners. Her only problem was that she honestly did not like him to the extent of not being able to live with him any longer. The Prophet asked her: "Would you give him his garden (the marriage gift he had given her) back?" she said: "Yes". The Prophet then instructed the man to take back his garden and accept the dissolution of the marriage” (Hadith).
In Islam only, a man can give divorce, but a woman can proceed with Khul-attempt to dissolve. Both result in separation but both have different rules.
Muslim woman is not allowed to marry non-Muslim. This is to protect the lineage; One of the aims of Islamic law. To protect the lineage is to ensure the continuity of Muslims as worshippers of God. A Muslim man cannot marry a pagan or idol worshipper or an atheist. He can marry practicing Jews or Christians or Muslims. The reason for this is, husband being a figurehead of guidance and protection of the family will have considerable influence in deciding the religion of his children (i.e. upbringing and child care) and also perhaps conversion of his wife. Psychologically, women tend to be more based in neuroticism, engaging and seeking security, which the husband has to provide, and this is a contributing factor for his positive persuasion. Also, as Jews and Christians are also believers in Moses and Jesus, both great prophets in Islam, unlike pagans so their women are permissible.
For protection of life and lineage see Islam 13.
Article 17 UDHR Right to Own Property
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property
Islam 17 Right to Own Property
“And those who hoard gold and silver and spend them not in the way of Allah, announce unto them a painful torment.” (Quran 9:34)
Ownership of property in Islam individually or in partnership is allowed except that hoarding or amassing is not allowed but if certain rules (Islamic law about property and spending) are followed then the application of “amassing wealth is not applied in such a context” as due tax will be imposed on the wealth. However during stressful economic situations, the Islamic government can impose necessary and increased taxation for public welfare as it will be haram for the rich to hoard while the poor starves and suffers.
For more info on Islamic taxation
https://www.islamicrevolutionary.com/taxation-in-islam.html
https://www.islamicrevolutionary.com/islamic-financial-system.html
“No person may deal with the property of another without such person's permission”.
“No person may take another person's property without legal cause” (Islamic legal maxims by Ibn Nujaim alhanafi and Imam Suyuti)
Article 18 UDHR Freedom of Expression
“Everyone 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.”
Islam 18 Freedom of Expression
Islam allows some of those rights such as practice worship and observance, as long as it does not conflict with Islamic governance i.e. state laws, legal system and issues of fundamental importance. Islam allows existence of Judeo-Christian legal system in Islamic state provided that these two systems do not override or conflict with Islam’s universal jurisdiction on state, land, border, executive, judiciary and military. So it can be said, those two systems can only be applied in family and criminal law among Jews with Jews and Christians with Christians. Please see Islam 20. Allowance does not mean acceptance. Allowance is simply a respite by Divine injunctions.
See https://www.islamicrevolutionary.com/need-for-shariah.html
As to changing of religion in Islam from Muslim to Christian or Jew etc. is not allowed, because Islam is not only a religion for worship but also a government and jurisdiction. Allowing Muslims to change religion will destabilize Islamic government, jurisdiction and will facilitate the formation of un-Islamic jurisdiction. It is like in a state people changing their political beliefs challenging the existence system. Soviet Russia persecuted proponent of democracy, and USA persecuted proponents of Communists under special law and tribunals during the cold war era. This rationale can also be applied to freedom of thought i.e. bad influence on the mind may threaten stability, morality and governance. However, a citizen can do constructive criticism (not incitement) against the Islamic government as long as he or she feels his/her rights have been violated.
Article 19 UDHR Freedom of Opinion
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”
We need to remind ourselves that this declaration came in a time when world was in a colonial grasp and there was a looming threat of communism. Thus, one-sided mind namely the democratic mind drafted the declaration in a certain context of world politics and demography. In the world at that, to me there were numerous people with a communist mind. This was not taken in to account.
Islam 19 Freedom of Opinion
See Islam 20 and Islam 13. Islam allows holding you whatever beliefs or ideas you have in private or public but with a threat or reward in the afterlife. Allah says
” Whosoever will, let him believe, and whosoever will, let him disbelieve.” (18:29)
This is personal to yourself but when you publicize your thoughts then it cannot promote civil disobedience and communal violence through propaganda, lie and deceptive rhetoric exactly what right wing fascists doing in west and India. Fake news is not freedom of expression. Every freedom is Islam has consequence and responsibility.
Article 20 UDHR Freedom of Assembly
“(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.”
Note the term peaceful. All assembly and association thus should be peaceful and not aimed at criminal agendas and incitement to make violence and instability.
Islam 20 Freedom of Assembly
“There is no compulsion in religion"(2:256 of holy Quran).
If no one can be compelled to religion, then it is even more suiting that no one is compelled to any other association for or against. However, associations/assemblies harboring elements of incitement and criminal activities must be abandoned through the force of law or force of non-lethal arms.
Article 21 UDHR Freedom to Public Office and Election
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will, shall be expressed in periodic and genuine elections, which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures
If everyone has the right then this means no restrictions should apply, whether someone is a religious cleric or a communist hardliner. The ousting of Mr. Morsi of Egypt completely contradicts this article. So, in reality this is not what it is applied but should be applied. Besides there should be a ruler, which represents the interest and values of the majority as well as minority. Also, part three is unfair because there can be many other sources of government. Point three is enforcing onto people one type of government. The policy of secret vote is also dangerous which can open for deliberate inaccurate vote count, and no mechanism could be placed to check this.
In reality the democratic process in west is always determined by the majority native population, their conscience and culture. This majoritarian definition of de-facto system is the real system of governance in most countries of the world. In west for now it is the liberal system, but the shift is going towards more to right wing fascism. Democracy only emphasizes the de-facto underlying political, cultural and economic systems without hardly toppling it or changing it drastically.
Islam 21 Freedom to Public Office and Election
“Indeed Command belongs to Allah” i.e. Source of legislation (Quran 3:154)
“And when your Lord said to the Angels: indeed I am going to make representative on earth…” (Quran 2:30).
Thus, the government in Islam is a representative of God’s authority, the source of which is Divine scripture and revelation, theocratic and juristic inquiry of the sources and its development with changing times. This is not seen in any self-proclaimed Islamic government whether Taliban, ISIS or Al-Qaeda except Islamic republic of Iran. To achieve this, contemporary education and wisdom are essential along with the historical Islam and its sciences. No form of government can be represented truly by the inefficient many.
In Islam everyone has right to take part in Islamic state’s functioning both Muslim or non-Muslim as long as they understand and uphold the Islamic system. Can a non-Muslim become the ruler of people? This is like asking can a foreigner become a head of state? In secular nationalist system nationality is priority and similarly in Islamic system piety is priority. This is justified discrimination and rational. This is justified because only a pious ruler can be a barrier against corruption. Lack of godliness and piety in secular system is an essential reason of people’s suffering. Hence Islam demanding a Muslim pious ruler is not supremacy of Islam or Muslims but due to the wellbeing of the people. Another reason that goes with piety is knowledge of the religion as well. A person lacking Islamic knowledge is inefficient to attend to the matters of Islamic rule.
In Islamic system of governance democratic process is limited to merits that is only the merit-based system of election needs to be allowed. This meritocracy is needed to exclude people who are moved by emotion, propaganda and bribes. The election of the intellectuals is what Islam proposes. See https://www.islamicrevolutionary.com/framework-of-islamic-rule-an-analysis-of-constitution-of-medina.html
Article 22 UDHR Right to Self-Development
“Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.”
Islam 22 Right to Self-Development
In Islam there is the concept of house of wealth or in modern term the state treasury. This is for public benefit. Islam has detailed rules and laws of how this treasury should be allocated, how it should be accumulated and dispensed with. All has access to this treasury whether Muslim or Non-Muslim, but both must fulfill criteria to enjoy the benefit (see section of recipients https://www.islamicrevolutionary.com/taxation-in-islam.html).
Islam allows existence of other religious cultures. Only thing Islam against is vice and immorality which is danger to moral health of society, family and individual. Islamic treasury is for all irrespective of religion, gender, race or ethnicity.
Article 24 UDHR Right to Leisure
“Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.”
Islam 24 Right to Leisure
Imam Ali (AS) said, ‘How deserving man is of having an hour where no one disturbs him!’[Ghurar al-Hikam, no. 9684]
“Hardship begets facility/ease". (Islamic legal maxims writings by Ibn Nujaim and Suyuti).
This maxim is a standard that in case of any forthcoming or existing hardship of any kind in the public or private organization, social, economic, political, legal or religious existence, will invoke the facilitative policies, rules and laws.
Article 25 UDHR Right to Life Necessities
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Islam 25 Right to Life Necessities
For part 1 please see Islam 3 and 24. The adulteress mother, as part of Islam’s six protective agenda (see Islam 3), will have her body and child protected till birth of the child. She and the adulterer will be put to the criminal law of Islam if she was found guilty of intentional sexual intercourse [whether fornication or adultery] with a stranger [not her husband/wife]. The Child must be looked after by the father but won’t be heir to the father, except that bequest could be granted for the benefit of the child. This is for Muslim to Muslim. As to Non-Muslim to non-Muslim they can judge by their own scriptures or custom. Islam partially thus allows existence of multi-legal system in its jurisdiction as long as such is limited with in the minority polity.
Article 26 UDHR Right to Education
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Fake news, illiteracy, poverty and lack of education are creating a context for the rise of right- wing fascism in west and India.
Islam 26 Right to Education
"The seeking of knowledge is obligatory for every Muslim."(Hadith)
“One who treads a path in search of knowledge has his path to Paradise made easy by God…”(Hadith)
"Knowledge from which no benefit is derived is like a treasure out of which nothing is spent in the cause of God." (Hadith).
Thus, Islamic law will ensure such is acquired essentially and substantially through education, which is free, provided the state treasure can support it. In case of limited and scarce resources free educational areas must be allocated.
Protection of mind is one of the six fundamental aims of Islam; thus education and knowledge seeking must bring about the fulfillment of intellectual, social and moral personality.
Parent’s right is not absolute but conditional to the aim and purpose of the education that is chosen for their children. The legal subjects of Islam must bring about a complete whole, not defragmented and ill formed whole.
Article 27 UDHR Right to Cultural and Moral Protection
(1) Everyone has the right to freely participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author
Islam 27 Right to Culture and Moral Protection
“O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honored of you in the sight of God is (he who is) the most righteous of you….” (Quran 49:13)
The wordings “know each other” suggests knowledge sharing of culture and science, trade and commerce, history and languages. The wordings “righteous of you..” suggestive of right, fair and just way of cultural and scientific exchange, trade and commercial exchange. Also, we see how Muslims realized this right by sharing Greek, Indian and other knowledge with the west. In other words, beneficial knowledge is not to be monopolized in Islam except through reciprocity.
For part 2 Hadith states in the wordings of prophet pbuh
“… Maybe someone amongst you can present his case in a more eloquent and convincing manner than the other, and I give my judgment in his favor according to what I hear. Beware! If ever I give (by error) somebody something of his brother's right then he should not take it as I have only given him a piece of Fire.”(Hadith)
Note the wordings “brother’s rights”: One’s knowledge, by which he invents or discovers something, is his right. To put in a more precise way “Intellectual property rights”, is guaranteed in Islam.
Article 28 UDHR Right to International Protection
“Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.”
Islam 28 Right to International Protection
Islam will help any people who truly make effort to attain real human rights, which are not standardized by a certain culture. Islam respects multi-culturalism in balanced way and it does not enforce culture due to loyalty to any race or tribe or country. Islam respects an international order where opportunity for everyone is fair and for every nation is equal in front of law. Islam supports merit and righteousness as the distinguishing factor towards opportunities and not race, culture, tribe, class, gender, religion.
Article 29 UDHR Context of Law
“In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society”.
“These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.”
It says right of one cannot violate right of another so achievement of collective right and freedom will be measured and determined by law.
Islam 29 Context of Law
In Islam public right based on protection of morality and human dignity is generally precedence, right which is not a luxury for the public in expense of others, but essential. It is always seen that which right private or public if implemented will serve the purpose of Divine law and social interest. Morality is vital in Islam and plays a significant role in shaping social, economic and cultural rights of all people in an Islamic society.
Islam and UN charter has lots of common grounds and both can work together for a great purpose. UN purpose agrees with Islam in the sense of establishing peace, rule of law, justice, immigration and equality among nations and fighting racism, propaganda and apartheid.
Article 30 UDHR Limitation
“Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.”
Islam 30 Limitation
All interpretations of Islamic law are purely to uphold he six interests of Islam: Faith, Life, property, honor, lineage and mind.
See https://www.islamicrevolutionary.com/shariah-law.html
