Showing posts with label book. Show all posts
Showing posts with label book. Show all posts

Sunday, 18 October 2009

Migration to Allaah

Bismillahir Rahmanir Rahim

In the name of Allah, the Most Beneficent, the Most Merciful



Migration to Allaah

Imaam ibn al-Qayyim al-Jawziyyah rahimahullaah

Taken from The Magnificent Journey published by QSS

Migration of the Heart

The caravan departs, and the traveller enters into a foreign land. He becomes separated from the habits and customs associated with his homeland. This allows him to ponder carefully over his situation. He seeks the most important thing that helps in his journey to Allah, and that deserves his life's pursuance.

The One in whose Hand is the guidance guides him to this most important thing that he seeks: "Migration to Allah and His Messenger". This migration is a fard (mandatory Islamic duty) on everyone at all times - it is the thing that Allah ta'ala requires from His 'ibaad (slaves).

Migration is of two types:

  1. The first is the migration of the body from one land to another. The legislation regarding this type of migration is well known, and it is not our intention to discuss them here.

  2. The second type is the migration of the heart to Allah ta'ala and His Messenger sallallaahu 'alayhi wa sallam. This is the only true hijrah; it must precede the bodily hijrah, which is its natural outcome.

Fleeing unto Allah

This hijrah requires an origin and a goal. A person migrates with his heart:

· From loving other than Allah > loving Him;

· From fearing and hoping and relying on other than Him > fearing and hoping and relying on Him;

· From calling upon, asking, surrendering to, and humbling oneself before other than Him > calling upon, asking, surrendering to, and humbling oneself before Him.

This is precisely the meaning of "fleeing unto Allah", as He ta'ala says:

"...Flee unto Allah..." [Surah Ath-Thaariyaat 51:50]

And indeed, the tawhid 1 required from a person is to flee from Allah unto Him! Under this heading of "from" and "to" falls a great reality of tawhid.

Fleeing unto Allah ta'ala includes turning to Him only for asking or worship or anything which proceeds from that. Thus, it includes the tawhid of Ilahiyyah which was the common point in the messages of all the messengers, may Allah bestows His praise and peace upon all of them.

On the other hand, fleeing from Allah (unto Him) includes the tawh id of Rububiyyah and the belief in the Qadar (Allah's Divine Measure & Decree). It is the belief that whatever one hates or fears or flees from in the universe takes place by the Will of Allah alone. What He ta'ala wills will surely happen, and what He does not will never be and is impossible to happen.

Thus when a person flees unto Allah, he would be fleeing unto him from a thing that occurred by His Will. In other words, he would be fleeing from Him unto Him!

One who understands this well can then understand the meaning of the Messenger's sallallaahu 'alayhi wa sallam words:

"...I seek refuge from You in You..." 2

And:

"...There is no shelter or escape from You except in You..." 3

There is nothing in the universe that one would flee or seek protection from but is created and originated by Allah ta'ala. Hence, one would flee from that which emanates from Allah's decree, will, and creation, to that which emanates from His mercy, goodness, kindness, and bounty. One is, therefore, fleeing from Allah unto Him, and seeking refuge in Him from Him!

Understanding these two matters causes one's heart to stop being attached to other than Allah in fear, hope or love. He would then know that all that he flees from exists by the Allah's will, power and creation. This would not leave in his heart any fear of other than his Creator and Maker. This in turn causes him to turn to Allah alone in fear, love and hope.

Had it been that what one flees from were not under Allah's Will and Power, one would then be excused to fear that thing instead of Allah. This would be like running away from a creature to a more powerful one, without being totally confident that the second creature is powerful enough to protect him from the first one.

This is quite different from the case of a person who knows that the One to whom he is running is the same as the One who decreed, willed, and created that from which he is fleeing. In the latter case, no interest in seeking other protectors should remain in the heart.

So, understand well this important meaning in the Prophet's sallallaahu 'alayhi wa sallam words above. People have explained them in many different ways, yet very few have realized this meaning which is their core and moral. This facilitation [in understanding] is indeed from Allah.

Thus the whole matter resolves to fleeing from Allah unto Him. This is the meaning of the hijrah to Allah ta'ala. This further explains why the Messenger sallallaahu 'alayhi wa sallam said:

"A true migrator is one who abandons what Allah has prohibited." 4

This is also why Allah ta'ala mentions Imaan and hijrah together in several places [eg. al-Anfal 8:72,74,75 & at-Tauba 9:20] - the two being closely linked, and each of them requiring the other.

The Importance of Migrating to Allah

In conclusion, the hijrah to Allah includes abandoning what He hates and doing what He loves and accepts. The hijrah originates from feelings of love and hatred. The migrator from one place to another must have more love for the place to which he migrated than that from which he migrated, and these feelings are what led him to prefer one of the two places.

One's nafs (self, soul), his whims and his devil keep calling him to that which is against what he loves and is satisfied with. One continues to be tested by these three things, calling him to avenues that displease his Lord.

At the same time, the call of Imaan will continue to direct him to what pleases his Lord. Thus one should keep migrating to Allah at all times, and should not abandon this hijrah until death.

This hijrah becomes strong or weak [in the heart] depending on the state of the Imaan. The stronger and more complete that the Imaan is, the more perfect the hijrah. And if the Imaan weakens, the hijrah weakens too, until one becomes unable to detect its presence or have the readiness to be moved by it.

What is surprising is that you might find a man talking at great length and going into very fine details regarding the [physical] hijrah from the land of disbelief (Dar-ul-Kufr) to the land of Islam (Dar-ul-Islam), and regarding the hijrah which ended with conquering Makkah, even though this type of hijrah is incidental, and he may never have to do a thing with it in his whole life.5

But as for the hijrah of the heart, which continues to be required from him as long as he breathes, you find that he does not seek any knowledge regarding it, nor does he develop any intention to undertake it! Thus he turns away from that for which he has been created, and which - alone - can save him, and involves himself in that which, of itself, cannot save him. This is the situation of those whose vision has been blinded, and whose knowledge is weak regarding the priorities of knowledge and action.

Indeed, Allah is the One from Whom we seek help, and He alone does facilitate our matters. There is no god except Him and no Lord other than Him.

Description of a Migrator to the Messenger

Migration to the Messenger sallallaahu 'alayhi wa sallam is a knowledge that has been [mostly] lost [from among people]; only its name continues to exist. It is a practice that has been abandoned; only its outline remains. It is a road whose milestones have been obliterated by wild animals, and whose water sources have been dried up by the enemies.

Thus the person who takes this road is a stranger among people, unique in his surroundings, distant [from others] despite his physical closeness, lonely despite numerous neighbours. He is unhappy with what pleases [the common] people, and [often] satisfied with what depresses them. He resides when they travel, and travels when they reside. He is alone in the Way that he chose for seeking his goal, feeling no satisfaction until he achieves it. He is with the people in his body, but away from them by virtue of his goal. Their eyes sleep indifferently, neglecting to seek the Guidance; but he spends his nights awake. They are too lazy for migration to the Prophet sallallaahu 'alayhi wa sallam, while he is totally engrossed in its pursuit. They scorn his indifference to their ideas; and they blame him for criticizing their ignorance and inconsistencies. They cast their doubts on him, and they keep close watch over him.

They wait hopefully for death to rid them of him. He responds to them with what Allah says:

"Say [Muhammad]: "Do you await for us anything except one of the two best things (martyrdom or victory), while we await for you that Allah will afflict you with a punishment from Himself or at our hands. So wait, we too are waiting with you." [at-Tawba 9:52]

And

"He (Muhammad) said: "My Lord! Judge You in truth! Our Lord is ar-Rahman (the Most Merciful), whose help is to be sought against that which you attribute unto Him [of falsehoods]." [al-Anbiya 21:112]

He further reminds them [with what an Arab poet once said]:

"Both we and you will die, And the true loser at the time of reckoning is he who will then feel sorry."

Definition of Migration to the Messenger

Migration to the Prophet sallallaahu 'alayhi wa sallam is a most important matter. It is a long and difficult way for those who are not prepared for it, as a poet once said:

"It is far for him who is lazy or who tires easily, But as for the one who has the longing, it is smooth and easy for him."

By Allah's Life, this migration is but a shining light to illuminate your darkness. It is a full moon lighting the earth from east to west and capable of lighting your gloom. It is a clear sweet stream of water capable of washing away the stains of your heart. It is the beginning of a great bounty of which you could be unaware.

Listen now to the importance of this migration and to the evidence pointing to it. Be a judge of yourself before Allah: Are you among those who run away from it or among those who run toward it?

The definition of this migration is: the soul's journey, in all matters of belief, in all desires of the heart, and in all legislative matters, to the origin of Guidance and the source of Light. This Guidance and Light came from the mouth of the truthful and trustworthy, Muhammad sallallaahu 'alayhi wa sallam, whom Allah ta'ala describes as:

"Your companion (Muhammad) is neither astray nor being misled. Nor does he speak of (his own) desire. It is only the Revelation with which he is inspired." [an-Najm 53:2-4]

A matter is acceptable only if the light of his Message shone over it; otherwise, it deserves to be thrown into the seas of darkness. A witness is acceptable only if he is recommended by this praised one sallallaahu 'alayhi wa sallam; otherwise, you can consider him among the doubtful and accused.

How then could a man who is enslaved by his base instincts and worldly habits undertake this migration? A man who does not want to part with the place where he was born and raised? A man who says: "We only follow our fathers' ways, hold to their traditions, and trace their footsteps." How could he undertake it when his ancestors were incapable of doing so, and yet he relies totally on them to determine his way for success and salvation, claiming that their opinions should be better and sounder than his?

If you investigate the reason for saying this you find it a combination of laziness and indifference.

The Obligation of Migrating to the Messenger

This migration [to the Messenger sallallaahu 'alayhi wa sallam] is required from every Muslim. It follows directly from the [second part of the] Shahaadah (the testimony proclaimed by every Muslim):

"Muhammad sallallaahu 'alayhi wa sallam is Allah's Messenger,"

just as the first type of migration [to Allah] follows from the [first part of the same] Shahaadah, that:

"There is no true god except Allah."

Every human being will be asked about these two manners of migration, both in the barzakh 8 and on the Day of Resurrection. Qataadah [one of the Taabi'in 9] said:

"The earlier and the later people will be asked two questions [on the Day of Judgement]: What did you worship, and what was your response to the messengers." 10

These two matters are the content of the two parts of the Shahadah.

A Great Oath

Allah ta'ala said:

"But no, by your Lord, they can have no Imaanuntil they set you (Muhammad) judge in any disputes that arise among them, and then find in their souls no resistance against your decisions but accept them with the fullest submission." [an-Nisaa' 4:65]

Here Allah the Exalted makes the greatest oath - by His own Self, Glory be to Him, that the Imaan is not confirmed for a person, and he is not one of its People, until he accepts the Messenger sallallaahu 'alayhi wa sallam as the judge in all matters of dispute and in all aspects of the Deen.

Using the term "any disputes" in this aayah absolutely negates the presence of Imaan unless the Messenger sallallaahu 'alayhi wa sallam is made the judge in ail disputes. In addition, Allah ta'ala has required satisfaction of the heart with the Messenger's judgment so that one would find no resistance in his soul. One should accept his judgment with satisfaction and submission. Taking the judgment with dissatisfaction, or following it in spite of oneself is contrary to the meaning of Imaan. So, the Messenger's judgment should be accepted with satisfaction and pleasure of the heart.

Once a person knows this, he should always examine himself and look into his heart [to see how true is his submission to the Messenger's judgements]. He should do this whenever a judgment comes from the Messenger sallallaahu 'alayhi wa sallam, in a major or a minor matter, conflicting with his desire or differing from the way of his ancestors. Allah ta'ala says:

"Nay, man will be evidence against himself, even though he were to put up excuses." [al-Qiyaamah 75:14-15]

Glory be to Allah! In how many instances have people hated quotations [from the Messenger sallallaahu 'alayhi wa sallam] and wished that they were never said! What hatred in their hearts and what dryness in their throats did some of the texts leave! Their secret thoughts will be revealed to them, causing them pain and humiliation on that Day:

"The Day when all the secrets [of hearts and intentions] will be uncovered and tested." [at-Taariq 86:9]

Furthermore, Allah ta'ala concludes the above ayah by requiring the fullest submission to [the judgements and commands of] the Messenger sallallaahu 'alayhi wa sallam.

Loving the Messenger and Submitting to Him

This submission is not that of a defeated fighter who is forced to surrender to his enemy.

Rather, it is the submission of an obedient subordinate to his master who is dearer to him than any other creature, when he realizes that only through this submission will he achieve happiness and success.

It is the submission of one who realizes that, compared to his own self, this master has more concern and compassion for him, and is a better counsellor who is more knowledgeable about what benefits him, and therefore more capable of saving him.

When a person realizes these meanings 11 with respect to the Messenger sallallaahu 'alayhi wa sallam, he will surely submit himself to him sallallaahu 'alayhi wa sallam, and surrender every desire in his heart in obedience to him. He will then comprehend that he cannot attain happiness except through this submission and obedience.

This matter is not easy to express in words. The heart needs to open up for it to allow it to sink down to its depths. It cannot be attained by mere claims or wishes. A poet once said:

"Everyone claims to be the lover of Layla, But Layla does not commit to any of them."

There is a great difference between knowing the meaning of love and being truly in love. People frequently confuse between knowledge and experience.

Similar to this is the example of a sick man who is under the influence of a disease; he knows the meaning of health and well-being; however, his knowledge does not make him experience what a healthy man enjoys of good health, even if the latter cannot describe his healthy status in an expressive way.

Another example is that of two persons, one of them knowing the meaning of fear, and the- other is subjected to it and is really experiencing it.

Methods of Emphasis in This Ayah

In the above ayah (an-Nisaa' 65), notice how Allah ta'ala emphasizes the obligation of obeying the Messenger sallallaahu 'alayhi wa sallam in several ways:

1. STARTING WITH A NEGATION

First, He precedes the oath with the negation, "But no, by your Lord.."

This style of starting a sentence with a negation when making an oath concerning a negated matter (in this case, their Imaan is what is being negated) common in the language of the Arabs. For instance as-Siddiq [Abu Bakr (R)] said:

"No, by Allah! He shall not turn around to one of Allah's lions, who fought for Allah and His Messenger, and give you his booty." 12

Examples of this style are very numerous in the Arabic poetry as in the following two example:

"No, by your father 13, O daughter of the one from the tribe of 'Amir, People cannot claim that I ever run away (in the battlefield)."

"No, by Allah! One cannot find for what ails me, Or what ails them - ever- a cure."

If you examine the sentences in the Qur'an which include oaths, and which start with negation articles, you will find in most of them that the thing about which the oath is made is itself negated as well. This general rule is not revoked by Allah's saying:

"But no! I swear by the setting of the stars - and verily, that is indeed a great oath, if you but know - that this is indeed a most honourable Qur'an, in a Book well guarded (with Allah)." [al-Waaqi'ah: 57 75-78]

The intention in these ayaat is to first negate the fallacies of the disbelievers regarding the Qur'an: that it is poetry, magic, or fables of the past. Then they confirm the opposite. Thus they tell them, "But no! It is not what you claim, but is rather an honourable Qur'an". In other places, Allah ta'ala explicitly mentions both the negation (underlined) and the affirmation (italics). For example, He ta'ala says:

"But no! I swear by the planets that disappear during the day, running in their courses in secret, and the night as it departs, and the dawn as it brightens. Verily this (the Qur'an) the words (brought) by a honourable messenger (Jibreel), endowed with power and with rank before the Lord of the Throne (Allah), obeyed (by the Angels), trustworthy therein (in the heavens). People! Your companion (Muhammad) is not a madman; indeed he saw him (Jibreel) in the clear horizon; and he does not withhold (from you) a knowledge of the ghayb 16 and it (the Qur'an) is not the word of an outcast devil." [at-Takweer 81:15-25]

And:

"But no! I do swear by the Day of Resurrection, and I swear by the self-reproaching soul (of a believer). Does the human being think that We shall not assemble his bones? Yes, We are Able to put together in perfect order the tips of his fingers." [al-Qiyaamah 75:1-4]

Therefore, opening the oath with articles of negation emphasizes the matter being discussed, and confirms the absence of false claims or erroneous beliefs regarding it.

2. USING AN OATH

The second method of emphasis is that Allah ta'ala used an oath [to negate Imaan from those who do not fulfill the conditions of submitting to the Prophet's judgment as set forth in the rest of the ayah]

3. SWEARING BY HIMSELF

The third method is that Allah ta'ala chose to swear by Himself and not by any of His creatures, which He does on some occasions. 17

4. REQUIRING THE ABSENCE OF ANY RESISTANCE

The fourth method of emphasis is that Allah ta'ala requires submission to the Messenger's judgment, such that no resistance to it remains in the souls.

5. COMPLETE SUBMISSION

And the fifth method of emphasis is in repeating the verb "submit" in the abstract form. Literally, this would be stated as: "... And submit a submission." In Arabic, this reflects the meaning: "... And submit completely or fully".

The Prophet's Claim on the Believers

The eloquent methods of emphasis applied here, and the great care taken to confirm this in the souls of the worshipers, are because of the great need of this important matter. Allah ta'ala said:

"The Prophet has a higher claim 18 on the believers than [they have on] their own selves." [al-Ahzaab 33:6]

Some people think that the Messenger sallallaahu 'alayhi wa sallam cannot have more claim on them than their own selves. This ayah indicates that anyone who thinks like this is not one of the believers.

This Prophet's claim on the believers involves the following two important matters:

1. DEARER THAN ONE'S SELF

The Messenger sallallaahu 'alayhi wa sallam should be more beloved than one's own self. This is so because the Prophet's claim on a believer is based on love; and a person usually loves himself more than others; yet the Messenger sallallaahu 'alayhi wa sallam should have more claim on him, and be dearer to him than himself. A person who fulfils this acquires the quality of Imaan.

Once a person submits to the Prophet's claim on him and loves him more than any other creature, then there follows full compliance, obedience, and all the other consequences of love, such as satisfaction with his judgment, submission to his orders, and favouring him over anyone else.

2. THE RULER OVER ONE'S SELF

A person should not have an independent rule over himself; this authority is the right of the Messenger sallallaahu 'alayhi wa sallam. His rule is superior to a master's rule over his slave or a father's over his son. Thus, a person has no right of disposal over himself except in accordance with what the Messenger sallallaahu 'alayhi wa sallam disposes, for he sallallaahu 'alayhi wa sallam has more claim on him than himself.

Deviation from true love

How then could such a closeness (to the Messenger) ever be attained by a person who isolates the Messenger's message from the position of authority [over himself and his life], who is more satisfied and pleased with someone else's judgment, who claims that the guidance is not acquired from him sallallaahu 'alayhi wa sallam but from the dictates of the minds, and who claims that the Messenger's message does not offer full certainty? These and other similar views reflect a deviation from him sallallaahu 'alayhi wa sallam and from his Message, and that indeed is the worst misguidance.

There is no way to establish the closeness to the Messenger sallallaahu 'alayhi wa sallam except by isolating oneself from all but him sallallaahu 'alayhi wa sallam, following him in everything, and checking what anyone else says against that with which he sallallaahu 'alayhi wa sallam came. So, if the Messenger's testimony supports it, it is accepted, and if it invalidates it, it is rejected; and if it were unclear whether his testimony is for or against it then it is treated as the talk of the People of the Scripture, and no decision is made concerning it until he is sure which of the two judgments is closer to it.

The one who follows this method will have his journey of hijrah straightforward, his knowledge and deeds will be upright, and the people will aspire to him from every direction.

[Continued...]


FOOTNOTES:

  1. 1. Tawhid: Accepting and believing in the oneness. In reference to Allah ta'ala, it means to believe in:

    (a) His existence and ownership of the creation, which is sometimes referred to as the Tawhid of Rububiyyah (state of being the only True Lord or Rabb).

    (b) His possession of the highest attributes and most excellent names, which is sometimes referred to as the Tawhid of Names and Attributes.

    (c) Him as being solely worthy of worship and full obedience, which is sometimes referred to as the Tawhid of Ubudiyydh or lbadah (worship), or of Ilahiyydh or Uluhiyyah (state of being the only True God or Ilaah).

  2. In reference to the Messenger sallallaahu 'alayhi wa sallam, it is to believe in the uniqueness of his Message and in the obligation to follow him exclusively. This is sometimes referred to as the Tawhid of Ittiba' (adherence).

  3. This is a part from a hadeeth recorded by Muslim and narrated by 'A'ishah (R) who said, "I missed Allah's Messenger sallallaahu 'alayhi wa sallam one night. Then [after some search] my hand hit the soles of his feet in the Masjid. He had them erected [in sujud (prostration)] and was saying:

    <>"

  4. This is a part of a hadeeth recorded by al-Bukhari and Muslim and narrated by al-Bara' bin 'Azib who said that the Messenger sallallaahu 'alayhi wa sallam instructed a man to say when he goes to bed:

    <>

  5. Then he sallallaahu 'alayhi wa sallam said, "Whoever says this and dies, he would die according to the Fitrah (pure nature)"

  6. This is a part of a hadeeth recorded by al-Bukhari and narrated by 'Abdullah bin Amr (R) that the Prophet sallallaahu 'alayhi wa sallam said:

    <>

  7. This applies mostly to a person who is already in a land of Islaam, and who does not need to undertake this kind of physical hijrah.

  8. Barzakh: The period of death between the first life and the Resurrection.

  9. Tabi'un or tabi'in: Plural of tabi' or tabi'iyy (follower), which normally refers to a disciple of the Sah abah (Companions of the Messenger sallallaahu 'alayhi wa sallam).

  10. Ibn ul-Qayyim also attributed these words to Qatadah in Ighaathat ul-Lahfaan. But he attributed them in Madarij us-Salikeen to Abul 'Aliyah. lbn Jarir at -Tabari also attributed them to Abul 'Aliyah, as is mentioned by lbn Kathir in his Tafsir. This derives from what Allah ta'ala said in His Book (review al-Qasas 28:62-74).

  11. When applied to the Prophet sallallaahu 'alayhi wa sallam, these meanings must be understood within the boundaries of Islam. They should not be influenced by extreme tendencies like the sufees' who glorify him beyond his honourable human status, bestowing on him some divine attributes, and believing that he can answer the supplications and help and protect people while he is in his grave.

  12. Thus he sallallaahu 'alayhi wa sallam should be (next to Allah) dearer to a person than his own self; to submit to him means to submit to his Sunnah; his mercy and compassion and ability to counsel and save the people are by virtue of what Allah ta'ala has taught him, and, after his death, this takes place through his Sunnah and teachings.

  13. The occasion for saying this is the following: Qatadah (R) narrated that he was with Allah's Messenger in the battle of Hunayn. When the Muslims approached victory, he saw a man of the disbelievers about to kill a Muslim. He ran to him from behind and hit him with the sword between the shoulders. The disbeliever turned around to Qataadah, held him, and squeezed him so hard that he felt he was about to die. But then, death came to him (because of Qatadah's hit), and he let go of him.

  14. After the battle was over, the Prophet sallallaahu 'alayhi wa sallam said three times, <> Qatadah asked if anyone would testify before the Prophet sallallaahu 'alayhi wa sallam that he killed that man. A man then stood up and said, "He is saying the truth, O Messenger of Allah; and I have taken his booty; so give him something to satisfy him instead." Then Abu Bakr (R) said, "No, by Allah! He shall not turn around to one of Allah's lions, who fought for Allah and His Messenger, and give you his booty." The Messenger sallallaahu 'alayhi wa sallam responded by saying, <> And he gave it to him. [Recorded by Al-Bukhari and Muslim]

  15. As explained in a footnote below, swearing by the fathers is prohibited in Islaam.

  16. Ghayb: Domains beyond the human senses. This is commonly and erroneously translated as "the Unseen". It is used in the Qur'an to denote all those sectors or phrases of reality which lie beyond the range of human perception: as, for instance, Allah's existence, His attributes, the Hereafter, the angels, and unrecorded events of the remote past or future.

  17. People, however, may only swear by Allah ta'ala, His Names, or His Attributes. The Messenger sallallaahu 'alayhi wa sallam instructed that anyone who wants to make an oath, should either make it by Allah ta'ala or remain silent. [Al-Bukhari and Muslim]

  18. The Arabic word used here is Awlaa which means that he sallallaahu 'alayhi wa sallam has more right and claim on a person. It also caries the meaning of closeness, ie. that he sallallaahu 'alayhi wa sallam must be closer to a person that his own self. Some translations use this latter meaning and we use it sometimes in this text.




Migration to Allaah (page 1)




Thursday, 9 October 2008

Al-Fiqh Al-Akbar

Bismillahir Rahmanir Rahim

In the name of Allah, the Most Beneficent, the Most Merciful



Al-Fiqh Al-Akbar

Al-Fiqh al-akbar (attributed to Abu Hanifah, d. 767 CE)

Translated by Hamid Algar

Professor of Persian and Islamic Studies, University of California, Berkeley
(published in the journal Al-Bayan ca. 1980)

From The Heritage of Islamic Literature

One of the most regrettable features of the contemporary Muslim situation is an anarchy and confusion in the sphere of belief that might lead one to suppose the foundations of Islam to have been so obscured that the field is open to anyone to redefine the religion. We begin with the Fiqh al-Akbar of Imam al-A'zam Abu Hanifa, may God be pleased with him, a brief but comprehensive statement of the irreducible dogmas (‘aqa’id - sing.‘aqidah) of Islam.

In the Name of God the Compassionate, the Merciful

The root of the affirmation of God's unity, and that which is correct conviction, consists of this, that one says:

1. I believe in God, and His angels, and His books, and His messengers, and resurrection after death, and that the good and evil of destiny are from God Most High. I believe too in the accounting and the scales, hell and paradise. All the foregoing is reality.

2. God is One, not in a numerical sense, but in the sense that He has no partner – "Say: He is God, One; God the Eternally Subsistent and Besought; He begets not, nor was He begotten; and there is none like unto Him." He resembles nothing among His creation, nor does anything among His creation resemble Him. He has been, unceasing, and He is, unceasing, with His names and attributes, both those relating to His Essence and those relating to His acts. As for those relating to His Essence, they are life, power, knowledge, speech, hearing, sight, and will. As for those relating to His acts, they are creativity, sustenance, originating and fashioning ex nihilo, making, and other active attributes.

He has been, unceasing, and He is, unceasing, with His attributes and names; neither attribute nor name was created. He has always and unceasingly been a knower, by virtue of His knowledge, and His knowledge is a pre-eternal attribute. He has always and unceasingly been powerful, by virtue of His power, and His power is a pre-eternal attribute. He has always and unceasingly been speaking by virtue of His speech and His speech is a pre-eternal attribute. He has always and unceasingly been a creator, by virtue of His creativity, and His creativity is a pre-eternal attribute. He has always and unceasingly been an agent, by virtue of His activity, and His activity is a pre-eternal attribute; the object of His activity is creation, and His activity is uncreated. His attributes existed in pre-eternity, without being created or called into existence at a particular moment. Whoever says that they are created or summoned into existence at a particular moment, or is uncertain about the attributes and doubts them, is an unbeliever in God Almighty.

3. The Qur'an is the Word of God Almighty, written on collections of leaves (masahif), preserved in men's hearts, recited on men's tongues, and sent down to the Prophet, upon whom be God's peace and blessings. Our uttering of the Qur'an is created, and our recitation of the Qur'an is created, but the Qur'an itself is uncreated.

That which God Almighty mentions in the Qur'an as a narration from Moses and other of the prophets – peace and blessings be upon them - and also from the Pharaoh and Iblis, all of it is God's word, and constitutes a report concerning them. God's word is uncreated. It is the Qur'an which as the word of God Most High is uncreated, not their words, Moses, upon whom be peace, heard the Word of God Almighty, as God Almighty says: "God addressed Moses in speech." Thus God Almighty was the speaker, and Moses, upon whom be peace, did not speak. God Most High was a creator in pre-eternity, even without having brought creation into existence: "there is naught like unto Him; He is All-Hearing, All-Seeing." When God addressed Moses He did so with His word that was, like all of His attributes, an attribute existing from pre-eternity, unlike the attributes of created beings.

4. God knows, but not as we know; He has power, but not as we have power; He sees, but not as we see; He hears, but not as we hear; and He speaks, but not as we speak. We speak by means of the speech organs and sounds, whereas God Most High speaks with neither organs nor sounds. Sounds are created, and the word of God Most High is uncreated. He is a thing, but unlike other things; by saying "thing," we intend merely to affirm His reality. He has neither body nor substance, neither accidental property nor limit, neither opposite nor like nor similitude. He has a hand, a face, and a self (nafs); the mention that God most High has made of these in the Qur'an has the sense that these are among His attributes, and no question can be raised concerning their modality (bila kayf). It cannot be said that His hand represents His power of His bestowal of bounty, because such an interpretation would require a negation of an attribute. This is the path taken by the Qadarites and the Mu'tazilites (two theological sects in early Islam that deviated from the path of Ahl as-Sunna - trans.) Rather, His hand is an attribute, of unknowable modality, in the same way that His anger and pleasure are two attributes of unknowable modality God Most High created things out of nothing, and He had knowledge of them in pre-eternity, before their creation.

5. He it is Who determined and predestined all things. Nothing exists in this world or hereafter except by His will, His knowledge, His determining and predestining, and except it be written on the Preserved Tablet (al-Lauh al-Mahfuz). He inscribed everything there in the sense of description, not that of foreordaining. Determining, predestining and will are pre-eternal attributes of unknowable modality. God Most High knows the non-existent, while in its state of non-existence, to be non-existent, and He knows too how it will be when He brings it forth into being. God Most High knows the existent, while in its state of existence, to be existent, and He knows too how will be its evanescence. God knows the one who is standing, and when he sits then God knows him to be sitting, without any change being produced thereby in God's knowledge, or any new knowledge accruing to Him. For change and alteration occur only in created beings.

6. God Most High created creation free of both belief and unbelief, and then He addressed His creation with commands and prohibitions. Some men disbelieved through active denial and rejection of the truth by virtue of being abandoned by God Most High. Others believed through active assent and affirmation, by virtue of the succor of God Most High. He brought forth the progeny of Adam, upon whom be peace, from his loins in the form of particles, and appointed for them an intelligence. He then addressed them and commanded them unto belief and forbade them disbelief. They assented to His dominicality, this being a form of belief appropriate to them, and thus it is that they are born in the possession of a primordial nature disposed to belief.

Whoever disbelieves thereafter is therefore changing and altering that primordial nature, and whoever believes and assents is conforming and strengthening it. None of His creation has been constrained either to disbelieve or to believe; God created men not as believers or non-believers, but rather as persons. Belief and disbelief are acts of God's worshippers. God Most High knows the unbeliever, in his state of unbelief, to be an unbeliever, and if he thereafter becomes a believer, then God knows him to be a believer in a state of belief, without any change occurring thereby in His knowledge or attributes.

All deeds of God's servants, both of commission and omission, are in truth acquired by them; God Most High is their creator. All of them take place by His will, knowledge, determining and predestining. Obligatory acts of obedience and worship take place by the command, love, satisfaction, knowledge, will, determining and predestining of God Most High, and all facts of sinful rebellion take place by His knowledge, determining, and predestining and will, but not by His love, satisfaction and command.

7. The Prophets, peace and blessings be upon them, are free of all sins, major and minor, of unbelief, and of all that is repugnant. It may be, however, that they commit insignificant lapses and errors. Muhammad the Messenger of God -- may God's peace and blessings be upon him! -- is His Prophet, His Bondsman, His Messenger and His Chosen One. He never worshipped idols, he never assigned partner to God, even for an instant, and he never committed a sin, major or minor.

8. The most virtuous of all men after the Messenger of God, -- may God's peace and blessings be upon him! -- are Abu Bakr as-Siddiq, may God be pleased with him; then 'Umar ibn al-Khattab; then 'Uthman ibn 'Affan; the 'Ali ibn Abi Talib, may they all enjoy the pleasure of God Most High. They were all steadfast in the truth, with the truth, and we proclaim our allegiance to all of them. We make only good mention of all of the Companions of the Messenger of God, may God's peace and blessings be upon him!

9. We do not proclaim any Muslim an unbeliever on account of any sin, however great, unless it be that he regards his sin as permissible. Nor does he forfeit the name of belief; we continue to call him a believer in essence. It is possible to be a sinful believer without being an unbeliever.

The wiping of the feet when covered, by way of ablution, is a sunna (under conditions specified by the fuqaha). Tarawih prayer in the month of Ramadan is similarly a sunna. It is permissible to pray behind any believer, pious or sinful. We say neither that sins do not harm the believer, nor that they cause him to remain indefinitely in hell, even if he leaves the world in a state of sin.

10. We do not say, like Murji’ites (an early theological school - trans.), that our good deeds are accepted by God, and our evil deeds forgiven by Him. Rather we say that the matter is to be clarified and expounded as follows: whoever performs a good deed in accordance with all requisite conditions, free of all corrupting deficiencies and nullifying concerns, and does not then cancel his deed with unbelief or apostasy at any time before his death, God Almighty will not cause his deed to be wasted; rather He will accept it and bestow reward for it. As for evil deeds – other than the assigning of partners to God and unbelief – for which the believer does not offer repentance before his death, the will of God Almighty may elect either to chastise their author or to forgive him, without chastising him in Hellfire. Hypocrisy and arrogance in any deed annul its reward.

11. Miraculous signs (mu’jizat) bestowed on the Prophets are established as true, and so too ennobling wonders (karamat) made manifest through the saints (auliya). As for apparently miraculous and wondrous deeds performed by God’s enemies, like Iblis, the Pharaoh and the Dajjal, whatever is mentioned in tradition as having been performed by them in future, is neither miraculous nor wondrous. Rather it is a question of their needs being fulfilled by God Most High; this he does in order to lead them toward destruction and to chastise them, but they are deceived. They increase in rebelliousness and unbelief. All of the foregoing is possible and contingent on God’s will.

12. God Most High was a Creator before He created, and a Provider before He bestowed provision. God Most High will be seen in the Hereafter, visible to the believers in Paradise with their corporeal vision. This we say without any implication of anthropomorphism, or any notion of quality or quantity, for there is not a fixed distance between Him and His creation (to permit any comparison).

13. Belief means assent and affirmation. There is no increase of decrease with respect to the content of belief, whether for angels or men, but only with respect to degrees of certainty and affirmation. The believers are equal in what they believe and in their assertion of the divine unity, but enjoy differing degrees of excellence with respect to their deeds.

Islam is surrender and submission to the commands of God Most High. There is a lexical distinction between belief (iman) and Islam, but there is no belief without Islam, and Islam cannot be conceived of without belief. They are like the outer and inner aspect of a thing (that is inseparable). Religion (din) is a name applied to both belief and Islam, and indeed to all divine codes.

We know God as it is fitting for us to know Him through His description of himself in His Book, with all His attributes; but none is able to worship God Most High as He deserves to be worshipped and as is fitting for Him. Rather man worships God Most High in accordance with His Command, as promulgated in His Book and the Sunna of His Messenger. Although believers are equal insofar as they believe, they differ with respect to knowledge, certainty, reliance, love satisfaction, fear, hope.

14. God Most High is both generous and just toward His bondsmen, bestowing on them in his liberality a reward far in excess of what they deserve. He requites them for their sins because of His justice, and forgives them because of His generosity. The intercession of the Prophets, upon whom be blessings and peace, is a reality, and in particular that of our Prophet – peace and blessings be upon him! -- for sinful believers and for those who have committed major sins and are deserving of requital is a firmly established reality. The weighing of deeds in the balance on the Day of Resurrection is similarly a reality; the pool of the Prophet, upon whom be peace and blessings, is a reality; retribution among enemies on the Day of Resurrection through the redistribution of good deeds is a reality. If they have no good deeds, then the burden of evil deeds is redistributed; this too is a reality.

Paradise and Hell are created and existing today, and shall never vanish. The houris shall never vanish, and the requital exacted by God Almighty and the reward bestowed by Him shall never cease.

God Most High guides whomsoever he wills out of His generosity, and he leads astray whomsoever He wills out of His justice. God’s leading man astray consists of His abandoning him, and the meaning of God’s abandoning man is not impelling him to do that which is pleasing to Him. All this is determined by His justice.

It is not permissible for us to say: "Satan steals belief from man with violence and coercion." Rather we say: "Man himself abandons belief, and when he has abandoned it, then Satan snatches it from him."

The interrogation by Munkir and Nakir is a reality; the return of the spirit to the body in the tomb is a reality; the pressing in upon man of the tomb is a reality; God’s punishment of all unbelievers and some Muslims is a reality.

All of the attributes of God Most High – may His name be glorified and his attributes be exalted! -- may be mentioned by the ‘ulama in languages other than Arabic (here Persian in particular is mentioned, but the meaning is any non-Arabic tongue - trans.), with the exception of yad (hand). Thus we may say "the face of God," may He be exalted and glorified, without any implication of anthropomorphism or of a particular modality.

Closeness to God Most High and remoteness from Him do not refer to any spatial distance, great or small, nor do they refer to the nobility or humility or man in His sight. Rather the one obedient to Him is close to him, in indefinable fashion. Closeness, remoteness approaching all in fact refer to God’s action towards man (i.e., it is not man who in the strict sense defines relation to God; it is rather God who determines that relation). Proximity to God in Paradise and standing before Him are similarly realities of indefinable modality.

The Qur’an was sent down to His Messenger, upon whom be blessings and peace, and it is that which is now inscribed on collections of leaves. The verses of the Qur’an, insofar as they are all the Word of God, are equal in excellence and magnificence; some, however, enjoy a special excellence by virtue what they mention, or the fashion in which they mention it. The Throne Verse, for example, enjoys excellence on both counts: what it mentions – splendor, magnificence and other attributes of God – and the way in which it mentions it. Other verses have no excellence on account of what they mention – for example, those containing narratives of unbelievers – but only on account of the way in which they mention it. Similarly, all the names and attributes are equal in their magnificence and excellence; there is no difference among them.

If someone experiences difficulty with the subtleties of the science of divine unity, it is incumbent upon him to believe (without further investigation) what is correct in the sight of God Most High until he finds a scholar to consult. He should not delay in seeking such a scholar, for hesitation and suspension of judgment may result in unbelief.

The narration of the Mi’raj (by the Prophet, upon him be peace and blessings) is true, and whoever rejects it is misguided and an innovator.

The emergence of the Dajjal and of Gog and Magog is a reality; the rising of the sun in the West is a reality; the descent of Jesus (‘Isa), upon whom be peace, from the heavens is a reality; and all the other signs of the Day of Resurrection, as contained in authentic traditions, are also established reality.

And God guides to his Path whomsoever He wills.


(Translated from the text published in Hama, 1392/1972. All phrases between brackets were added by the translator.)

Source







The Prophet sal Allahu alayhi wa'sallam said:

"The Muslim is a unique Ummah among the whole of mankind:
Their Land is ONE, their War is ONE, their Peace is ONE,
Their Honour is ONE and their Trust is ONE."
[Ahmad]

Wednesday, 20 February 2008

[Book] Human Rights in Islam

Bismillahir Rahmanir Rahim





In the name of Allah, the Most Beneficent, the Most Merciful





Human Rights in Islam



by 'Allamah Abu al-'A'la Mawdudi





CHAPTER ONE: HUMAN RIGHTS, THE WEST AND ISLAM


Before I discuss the human rights in Islam I would like to explain a few points about two major approaches to the question of human rights: the Western and Islamic. This will enable us to study the issue in its proper perspective and avoid some of the confusion which normally befogs such a discussion.



The Western Approach:



The people in the West have the habit of attributing every good thing to themselves and try to prove that it is because of them that the world got this blessing, otherwise the world was steeped in ignorance and completely unaware of all these benefits. Now let us look at the question of human rights. It is very loudly and vociferously claimed that the world got the concept of basic human rights from the Magna Carta of Britain; though the Magna Carta itself came into existence six hundred years after the advent of Islam. But the truth of the matter is that until the seventeenth century no one even knew that the Magna Carta contained the principles of Trial by Jury; Habeas Corpus, and the Control of Parliament on the Right of Taxation. If the people who had drafted the Magna Carta were living today they would have been greatly surprised if they were told that their document also contained all these ideals and principles. They had no such intention, nor were they conscious of all these concepts which are now being attributed to them. As far as my knowledge goes the Westerners had no concept of human rights and civic rights before the seventeenth century. Even after the seventeenth century the philosophers and the thinkers on jurisprudence though presented these ideas, the practical proof and demonstration of these concepts can only be found at the end of the eighteenth century in the proclamations and constitutions of America and France. After this there appeared a reference to the basic human rights in the constitutions of different countries. But more often the rights which were given on paper were not actually given to the people in real life. In the middle of the present century, the United Nations, which can now be more aptly and truly described as the Divided Nations, made a Universal Declaration of Human Rights, and passed a resolution against genocide and framed regulations to check it. But as you all know there is not a single resolution or regulation of the United Nations which can be enforced. They are just an expression of a pious hope. They have no sanctions behind them, no force, physical or moral to enforce them. Despite all the high-sounding ambitious resolutions of the United Nations, human rights have been violated and trampled upon at different places, and the United Nations has been a helpless spectator. She is not in a position to exercise an effective check on the violation of human rights. Even the heinous crime of genocide is being perpetrated despite all proclamations of the United Nations. Right in the neighbouring country of Pakistan, genocide of the Muslims has been taking place for the last twenty- eight years, but the United Nations does not have the power and strength to take any steps against India. No action has even been taken against any country guilty of this most serious and revolting crime.


The Islamic Approach:



The second point which I would like to clarify at the very outset is that when we speak of human rights in Islam we really mean that these rights have been granted by God; they have not been granted by any king or by any legislative assembly. The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are conferred. The same is the case with the rights accepted and recognized by the dictators. They can confer them when they please and withdraw them when they wish; and they can openly violate them when they like. But since in Islam human rights have been conferred by God, no legislative assembly in the world, or any government on earth has the right or authority to make any amendment or change in the rights conferred by God. No one has the right to abrogate them or withdraw them. Nor are they the basic human rights which are conferred on paper for the sake of show and exhibition and denied in actual life when the show is over. Nor are they like philosophical concepts which have no sanctions behind them.

The charter and the proclamations and the resolutions of the United Nations cannot be compared with the rights sanctioned by God; because the former is not applicable to anybody while the latter is applicable to every believer. They are a part and parcel of the Islamic Faith. Every Muslim or administrators who claim themselves to be Muslims will have to accept, recognize and enforce them. If they fail to enforce them, and start denying the rights that have been guaranteed by God or make amendments and changes in them, or practically violate them while paying lip-service to them, the verdict of the Holy Quran for such governments is clear and unequivocal:



Those who do not judge by what God has sent down are the dis Believers (kafirun). 5:44 The following verse also proclaims: "They are the wrong-doers (zalimun)" (5:45), while a third verse in the same chapter says: "They are the evil-livers (fasiqun)" (5:47). In other words this means that if the temporal authorities regard their own words and decisions to be right and those given by God as wrong they are disbelievers. If on the other hand they regard God's commands as right but wittingly reject them and enforce their own decisions against God's, then they are the mischief-makers and the wrong-doers. Fasiq, the law-breaker,is the one who disregards the bond of allegiance, and zalim is he who works against the truth. Thus all those temporal authorities who claim to be Muslims and yet violate the rights sanctioned by God belong to one of these two categories, either they are the disbelievers or are the wrong- doers and mischief-makers. The rights which have been sanctioned by God are permanent, perpetual and eternal. They are not subject to any alterations or modifications, and there is no scope for any change or abrogation.



CHAPTER TWO: BASIC HUMAN RIGHTS

The first thing that we find in Islam in this connection is that it lays down some rights for man as a human being. In other words it means that every man whether he belongs to this country or that, whether he is a believer or unbeliever, whether he lives in some forest or is found in some desert, whatever be the case, he has some basic human rights simply because he is a human being, which should be recognized by every Muslim. In fact it will be his duty to fulfil these obligations.


1. The Right to Life



The first and the foremost basic right is the right to live and respect human life. The Holy Quran lays down:

Whosoever kills a human being without (any reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind ... (5:32)

As far as the question of taking life in retaliation for murder or the question of punishment for spreading corruption on this earth is con- cerned, it can be decided only by a proper and competent court of law. If there is any war with any nation or country, it can be decided only by a properly established government. In any case, no human being has any right by himself to take human life in retaliation or for causing mischief on this earth. Therefore it is incumbent on every human being that under no circumstances should he be guilty of taking a human life. If anyone has murdered a human being, it is as if he has slain the entire human race. These instructions have been repeated in the Holy Quran in another place saying:

Do not kill a soul which Allah has made sacred except through the due process of law ... (6:151)

Here also homicide has been distinguished from destruction of life carried out in pursuit of justice. Only a proper and competent court will be able to decide whether or not an individual has forfeited his right to life by disregarding the right to life and peace of other human beings. The Prophet, may God's blessings be on him, has declared homicide as the greatest sin only next to polytheism. The Tradition of the Prophet reads: "The greatest sins are to associate something with God and to kill human beings." In all these verses of the Quran and the Traditions of the Prophet the word 'soul' (nafs) has been used in general terms without any distinction or particularization which might have lent itself to the elucidation that the persons belong- ing to one's nation, the citizens of one's country, the people of a particular race or religion should not be killed. The injunction applies to all human beings and the destruction of human life in itself has been prohibited.

'The Right to Life' has been given to man only by Islam. You will observe that the people who talk about human rights if they have ever mentioned them in their Constitutions or Declarations, then it is clearly implied in them that these rights are applicable only to their citizens or they have been framed for the white race alone. This can clearly be gleaned by the fact that human beings were hunted down like animals in Australia and the land was cleared of the aborigines for the white man. Similarly the aboriginal population of America was systematically destroyed and the Red Indians who somehow survived this genocide were confined to specified areas called Reservations. They also penetrated into Africa and hunted down human beings like wild animals. All these instances go to prove that they have no respect for human life as such and if they have, it is only on the basis of their nationality, colour or race. Contrary to this, Islam recognizes this right for all human beings. If a man belongs to a primitive or savage tribe, even then Islam regards him as a human being.



2. The Right to the Safety of Life



Immediately after the verse of the Holy Quran which has been mentioned in connection with the right to life, God has said: "And whoever saves a life it is as though he had saved the lives of all mankind" (5:32). There can be several forms of saving man from death. A man may be ill or wounded, irrespective of his nationality, race or colour. If you know that he is in need of your help, then it is your duty that you should arrange for his treatment for disease or wound. If he is dying of starvation, then it is your duty to feed him so that he can ward off death. If he is drowning or his life is at stake, then it is your duty to save him. You will be surprised to hear that the Talmud, the religious book of the Jews, contains a verse of similar nature, but records it in altogether different form. It says: "Whoever destroyed a life of the Israelite, in the eyes of the Scripture, it is as if he destroyed the whole world. And whoever protected and saved one life of the Israelite, in the light of the Scripture, it is as if he saved the whole world." Talmud also contains the view that if a non-Israelite is drowning and you tried to save him then you are a sinner. Can it be given a name other than racialism? We regard it as our duty to save every human life, because it is thus that we have been enjoined in the Holy Quran. On the other hand, if they regard it necessary to save the life of a human being at all, it should be the life of an Israelite. As far as other people are concerned, according to this view, they do not seem to be human enough to deserve protection of their persons. In their literature the concept of 'Goyim' for which the English word 'Gentile' and the Arabic word ummi (illiterate) is used, is that they enjoy no human rights; human rights are reserved only for the children of Israel. The Quran has mentioned this belief of the Israelites and quotes the Jews saying: "There is no blame on us (for anything we may do) with regard to the unlettered folk (i.e. the ummi)" (3:75).

3. Respect for the Chastity of Women



The third important thing that we find in the Charter of Human Rights granted by Islam is that a woman's chastity has to be respected and protected under all circumstances, whether she belongs to our own nation or to the nation of an enemy, whether we find her in the wild forest or in a conquered city; whether she is our co-religionist or belongs to some other religion or has no religion at all. A Muslim cannot outrage her under any circumstances. All promiscuous relation- ship has been forbidden to him, irrespective of the status or position of the woman, whether the woman is a willing or an unwilling partner to the act. The words of the Holy Quran in this respect are: "Do not approach (the bounds of) adultery" (17:32). Heavy punishment has been prescribed for this crime, and the order has not been qualified by any conditions. Since the violation of chastity of a woman is forbidden in Islam, a Muslim who perpetrates this crime cannot escape punishment whether he receives it in this world or in the Hereafter. This concept of sanctity of chastity and protection of women can be found nowhere else except in Islam. The armies of the Western powers need the daughters of their nation to satisfy their carnal appetites even in their own countries, and if they happen to occupy another country, the fate of its women folk can better be imagined than described. But the history of the Muslims, apart from a few lapses of the individuals here or there, has been free from this crime against womanhood. It has never happened that after the conquest of a foreign country the Muslim army has gone about raping the women of the conquered people, or in their own country, the government has arranged to provide prostitutes1for them. This is also a great blessing which the human race has received through Islam.



4. The Right to a Basic Standard of Life



Speaking about the economic rights the Holy Quran enjoins upon its followers:

And in their wealth there is acknowledged right for the needy and destitute. (51:19)

The words of this injunction show that it is a categorical and un- qualified order. Furthermore this injunction was given in Makkah where there was no Muslim society in existence and where generally the Muslims had to come in contact with the population of the disbelievers. Therefore the clear meaning of this verse is that anyone who asks for help and anyone who is suffering from deprivation has a right in the property and wealth of the Muslims; irrespective of the fact whether he belongs to this nation or to that nation, to this country or to that country, to this race or to that race. If you are in a position to help and a needy person asks you for help or if you come to know that he is in need, then it is your duty to help him. God has established his right over you, which you have to honour as a Muslim.

5. Individual's Right to Freedom

Islam has clearly and categorically forbidden the primitive practice of capturing a free man, to make him a slave or to sell him into slavery. On this point the clear and unequivocal words of the Prophet (S) are as follows: "There are three categories of people against whom I shall myself be a plaintiff on the Day of Judgement. Of these three, one is he who enslaves a free man, then sells him and eats this money" (al-Bukhari and Ibn Majjah). The words of this Tradition of the Prophet are also general, they have not been qualified or made applicable to a particular nation, race, country or followers of a particular religion. The Europeans take great pride in claiming that they abolished slavery from the world, though they had the decency to do so only in the middle of the last century. Before this, these Western powers had been raiding Africa on a very large scale, capturing their free men, putting them in bondage and transporting them to their new colonies. The treatment which they have meted out to these unfortunate people has been worse than the treatment given to animals. The books written by the Western people themselves bear testimony to this fact.


The Slave Trade of Western Nations:



After the occupation of America and the West Indies, for three hundred and fifty years, traffic in slave trade continued. The African coasts where the black-skinned captured Africans were brought from the interior of Africa and put on the ships sailing out from those ports, came to be known as the Slave Coast. During only one century (from 1680 to 1786) the total number of free people who were captured and enslaved only for British Colonies amounts, according to the estimate of British authors, to 20 million human beings. Over the period of only one year (1790) we are told that 75,000 human beings were captured and sent for slave labour in the Colonies. The ships which were used for transporting the slaves were small and dirty. These unfortunate Africans were thrust into the holds of these ships like cattle right up to the top and many of them were chained to the wooden shelves on which they could hardly move because these were only eighteen inches apart, kept one on top of the other. They were not provided with suitable food, and if they fell ill or were injured, no attempt was made to provide them with medical treatment. The Western writers themselves state that at least 20% of the total number of people who were captured for slavery and forced labour perished during their transportation from the African coast to America. It has also been estimated that the total number of people who were captured for slavery by the various European nations during the heyday of the slave trade comes to at least one hundred million. This is the record of the people who denounce Muslims day and night for recognizing the institution of slavery. It is as if a criminal is holding his finger of blame towards an innocent man.


The Position of Slavery in Islam:



Briefly I would like to tell you about the position and nature of slavery in Islam. Islam tried to solve the problem of the slaves that were in Arabia by encouraging the people in different ways to set their slaves free. The Muslims were ordered that in expiation of some of their sins they should set their slaves free. Freeing a slave by one's own free will was declared to be an act of great merit, so much so that it was said that every limb of the man who manumits a slave will be protected from hell-fire in lieu of the limb of the slave freed by him. The result of this policy was that by the time the period of the Rightly-Guided Caliphs was reached, all the old slaves of Arabia were liberated. The Prophet alone liberated as many as 63 slaves. The number of slaves freed by 'Aishah was 67, 'Abbas liberated 70, 'Abd Allah ibn 'Umar liberated one thousand, and 'Abd al-Rahman purchased thirty thousand and set them free. Similarly other Companions of the Prophet liberated a large number of slaves, the details of which are given in the Traditions and books of history of that period.

Thus the problem of the slaves of Arabia was solved in a short period of thirty or forty years. After this the only form of slavery which was left in Islamic society was the prisoners of war, who were captured on the battlefield. These prisoners of war were retained by the Muslim Government until their government agreed to receive them back in exchange for Muslim soldiers captured by them, or arranged the payment of ransom on their behalf. If the soldiers they captured were not exchanged with Muslim prisoners of war, or their people did not pay their ransom money to purchase their liberty, then the Muslim Government used to distribute them among the soldiers of the army which had captured them. This was a more humane and proper way of disposing of them than retaining them like cattle in concentration camps and taking forced labour from them and, if their women folk were also captured, setting them aside for prostitution. In place of such a cruel and outrageous way of disposing of the prisoners of war, Islam preferred to spread them in the population and thus brought them in contact with individual human beings. Over and above, their guardians were ordered to treat them well. The result of this humane policy was that most of the men who were captured on foreign battlefields and brought to the Muslim countries as slaves embraced Islam and their descendants produced great scholars, imams, jurists, commentators, statesmen and generals of the army. So much so that later on they became the rulers of the Muslim world. The solution of this problem which has been proposed in the present age is that after the cessation of hostilities the prisoners of war of the combatant countries should be exchanged. Whereas Muslims have been practising it from the very beginning and whenever the adversary accepted the exchange of prisoners of war from both sides, it was implemented without the least hesitation or delay. In modern warfare we also find that if one government is completely routed leaving her in no position of bargaining for the prisoners of war and the winning party gets its prisoners easily, then experience has shown that the prisoners of war of the vanquished army are kept in conditions which are much worse than the conditions of slaves. Can anyone tell us what has been the fate of the thousands of prisoners of war captured by Russia from the defeated armies of Germany and Japan in the Second World War? No one has given their account so far. No one knows how many thousands of them are still alive and how many thousands of them have perished due to the hardship of the Russian concentration and labour camps. The forced labour which has been taken from them is much worse than the service one can exact from slaves. Even perhaps in the times of ancient Pharaohs of Egypt such harsh labour might not have been exacted from the slaves in building the pyramids of Egypt, as has been exacted from the prisoners of war in Russia in developing Siberia and other backward areas of Russia, or working in coal and other mines in below zero temperatures, ill-clad, ill-fed and brutally treated by their supervisors.


6. The Right to Justice



This is a very important and valuable right which Islam has given to man as a human being. The Holy Quran has laid down: "Do not let your hatred of a people incite you to aggression" (5:2). "And do not let ill-will towards any folk incite you so that you swerve from dealing justly. Be just; that is nearest to heedfulness" (5:8). Stressing this point the Quran again says: "You who believe stand steadfast before God as witness for (truth and) fairplay" (4:135). This makes the point clear that Muslims have to be just not only with ordinary human beings but even with their enemies. In other words, the justice to which Islam invites her followers is not limited only to the citizens of their own country, or the people of their own tribe, nation or race, or the Muslim community as a whole, but it is meant for all the human beings of the world. Muslims therefore, cannot be unjust to anyone. Their permanent habit and character should be such that no man should ever fear injustice at their hands, and they should treat every human being everywhere with justice and fairness.

7. Equality of Human Beings

Islam not only recognizes absolute equality between men irrespective of any distinction of colour, race or nationality, but makes it an important and significant principle, a reality. The Almighty God has laid down in the Holy Quran: "O mankind, we have created you from a male and female." In other words all human beings are brothers to one another. They all are the descendants from one father and one mother. "And we set you up as nations and tribes so that you may be able to recognize each other" (49:13). This means that the division of human beings into nations, races, groups and tribes is for the sake of distinction, so that people of one race or tribe may meet and be acquainted with the people belonging to another race or tribe and cooperate with one another. This division of the human race is neither meant for one nation to take pride in its superiority over others nor is it meant for one nation to treat another with contempt or disgrace, or regard them as a mean and degraded race and usurp their rights. "Indeed, the noblest among you before God are the most heedful of you" (49:13). In other words the superiority of one man over another is only on the basis of God-consciousness, purity of character and high morals, and not on the basis of colour, race, language or nationality, and even this superiority based on piety and pure conduct does not justify that such people should play lord or assume airs of superiority over other human beings. Assuming airs of superiority is in itself a reprehensible vice which no God-fearing and pious man can ever dream of perpetrating. Nor does the righteous have more privileged rights over others, because this runs counter to human equality, which has been laid down in the beginning of this verse as a general principle. From the moral point of view, goodness and virtue is in all cases better than vice and evil.

This has been exemplified by the Prophet in one of his sayings thus: "No Arab has any superiority over a non-Arab, nor does a non-Arab have any superiority over an Arab. Nor does a white man have any superiority over a black man, or the black man any superiority over the white man. You are all the children of Adam, and Adam was created from clay" (al-Bayhaqi and al-Bazzaz).

In this manner Islam established equality for the entire human race and struck at the very root of all distinctions based on colour, race, language or nationality. According to Islam,God has given man this right of equality as a birthright. Therefore no man should be discriminated against on the ground of the colour of his skin, his place of birth, the race or the nation in which he was born. Malcolm X, the famous leader of African Negroes in America, who had launched a bitter struggle against the white people of America in order to win civil rights for his black compatriots, when he went to perform the pilgrimage, and saw how the Muslims of Asia, Africa, Europe, America and those of different races, languages and colours of skin, were wearing one dress and were hurrying towards God's House-the Ka'bah and offering prayers standing in one row and there was no distinction of any kind between them, then he realized that this was the solution to the problem of colour and race, and not what he had been trying to seek or achieve in America so far. Today, a number of non- Muslim thinkers, who are free from blind prejudice, openly admit that no other religion or way of life has solved this problem with the same degree of success with which Islam has done so.



8. The Right to Co-operate and Not to Co-operate

Islam has prescribed a general principle of paramount importance and universal application saying: "Co-operate with one another for virtue and heedfulness and do not co-operate with one another for the purpose of vice and aggression" (5:2). This means that the man who undertakes a noble and righteous work, irrespective of the fact whether he is living at the North Pole or the South Pole, has the right to expect support and active co-operation from the Muslims. On the contrary he who perpetrates deeds of vice and aggression, even if he is our closest relation or neighbour, does not have the right to win our support and help in the name of race, country, language or nationality, nor should he have the expectation that Muslims will co-operate with him or support him. Nor is it permissible for Muslims to co-operate with him. The wicked and vicious person may be our own brother, but he is not of us, and he can have no help or support from us as long as he does not repent and reform his ways. On the other hand the man who is doing deeds of virtue and righteousness may have no kinship with Muslims, but Muslims will be his companions and supporters or at least his well- wishers.



CHAPTER THREE: RIGHTS OF CITIZENS IN AN ISLAMIC STATE



We have discussed the human rights in general. Now we would like to take up the question of rights of the citizens in an Islamic State. As these rights are more extensive than the general human rights which have been described earlier, they need separate treatment.



1. The Security of Life and Property



In the address which the Prophet delivered on the occasion of the Farewell Hajj, he said: "Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection." God Almighty has laid down in the Holy Quran: "Anyone who kills a believer deliberately will receive as his reward (a sentence) to live in Hell for ever. God will be angry with him and curse him, and prepare dreadful torment for him" (4:93). The Prophet has also said about the dhimmis (the non-Muslim citizens of the Muslim State): "One who kills a man under covenant (i.e. a dhimmi) will not even smell the fragrance of Paradise" (al-Bukhari and Abu Dawud).

Islam prohibits homicide but allows only one exception, that the killing is done in the due process of law which the Quran refers to as bi al-haqq (with the truth). Therefore a man can be killed only when the law demands it, and it is obvious that only a court of law can decide whether the execution is being carried out with justice or without justification. In case of war or insurrection a just and righteous government alone, which follows the Shari'ah or the Islamic Law, can decide whether a war is just or unjust, whether taking of a life is justified or not; and whether a person is a rebel or not and who can be sentenced to death as a punishment. These weighty decisions cannot be left in the hands of a court which has become heedless to God and is under the influence of the administra- tion. A judiciary like this may miscarry justice. Nor can the crimes of state be justified on the authority of the Holy Quran or Traditions (hadith) when the state murders its citizens openly and secretly without any hesitation or on the slightest pretext, because they are opposed to its unjust policies and actions or criticize it for its misdeed, and also provides protection to its hired assassins who have been guilty of the heinous crime of murder of an innocent person resulting in the fact, that neither the police take any action against such criminals nor can any proof or witnesses against these criminals be produced in the courts of law. The very existence of such a government is a crime and none of the killings carried out by them can be called "execution for the sake of justice" in the phraseology of the Holy Quran.

Along with security of life, Islam has with equal clarity and definiteness conferred the right of security of ownership of property, as mentioned earlier with reference to the address of the Farewell Hajj. On the other hand, the Holy Quran goes so far as to declare that the taking of people's possessions or property is completely prohibited unless they are acquired by lawful means as permitted in the Laws of God. The Law of God categorically declares "Do not devour one another's wealth by false and illegal means" (2:188).

2. The Protection of Honour



The second important right is the right of the citizens to the protection of their honour. In the address delivered on the occasion of the Farewell Hajj, to which I have referred earlier, the Prophet did not only prohibit the life and property of the Muslims to one another, but also any encroachment upon their honour, respect and chastity were forbidden to one another. The Holy Quran clearly lays down:

(a) "You who believe, do not let one (set of) people make fun of another set. (b) Do not defame one another. (c) Do not insult by using nicknames. (d) And do not backbite or speak ill of one another" (49:11-12).

This is the law of Islam for the protection of honour which is indeed much superior to and better than the Western Law of Defama- tion. According to the Islamic Law if it is proved that someone has attacked the honour of another person, then irrespective of the fact whether or not the victim is able to prove himself a respectable and honourable person the culprit will in any case get his due punishment. But the interesting fact about the Western Law of Defamation is that the person who files suit for defamation has first to prove that he is a man of honour and public esteem and during the interrogation he is subjected to the scurrilous attacks, accusations and innuendoes of the defence council to such an extent that he earns more disgrace than the attack on his reputation against which he had knocked the door of the court of law. On top of it he has also to produce such witnesses as would testify in the court that due to the defamatory accusations of the culprit, the accused stands disgraced in their eyes. Good Gracious! what a subtle point of law, and what an adherence to the spirit of Law! How can this unfair and unjust law be compared to the Divine law? Islam declared blasphemy as a crime irrespective of the fact whether the accused is a man of honour or not, and whether the words used for blasphemy have actually disgraced the victim and harmed his reputation in the eyes of the public or not. According to the Islamic Law the mere proof of the fact that the accused said things which according to common sense could have damaged the reputation and honour of the plaintiff, is enough for the accused to be declared guilty of defamation.

3. The Sanctity and Security of Private Life



Islam recognizes the right of every citizen of its state that there should be no undue interference or encroachment on the privacy of his life. The Holy Quran has laid down the injunction: "Do not spy on one another" (49:12). "Do not enter any houses except your own homes unless you are sure of their occupants' consent" (24:27). The Prophet has gone to the extent of instructing his followers that a man should not enter even his own house suddenly or surreptitiously. He should somehow or other inform or indicate to the dwellers of the house that he is entering the house, so that he may not see his mother, sister or daughter in a condition in which they would not like to be seen, nor would he himself like to see them in that condition. Peering into the houses of other people has also been strictly prohibited, so much so that there is the saying of the Prophet that if a man finds another person secretly peering into his house, and he blinds his eye or eyes as a punishment then he cannot be called to question nor will he be liable to prosecution. The Prophet has even prohibited people from reading the letters of others, so much so that if a man is reading his letter and another man casts sidelong glances at it and tries to read it, his conduct becomes reprehensible. This is the sanctity of privacy that Islam grants to individuals. On the other hand in the modern civilized world we find that not only the letters of other people are read and their correspondence censored, but even their photostat copies are retained for future use or blackmail. Even bugging devices are secretly fixed in the houses of the people so that one can hear and tape from a distance the conversation taking place behind closed doors. In other words it means that there is no such thing as privacy and to all practical purposes the private life of an individual does not exist.

This espionage on the life of the individual cannot be justified on moral grounds by the government saying that it is necessary to know the secrets of the dangerous persons. Though, to all intents and purposes, the basis of this policy is the fear and suspicion with which modern governments look at their citizens who are intelligent and dissatisfied with the official policies of the government. This is exactly what Islam has called as the root cause of mischief in politics. The injunction of the Prophet is: "When the ruler begins to search for the causes of dissatisfaction amongst his people, he spoils them" (Abu Dawud).

The Amir Mu'awiyah has said that he himself heard the Prophet saying: "If you try to find out the secrets of the people, then you will definitely spoil them or at least you will bring them to the verge of ruin." The meaning of the phrase 'spoil them' is that when spies (C.I.D. or F.B.I.agents) are spread all around the country to find out the affairs of men, then the people begin to look at one another with suspicion, so much so that people are afraid of talking freely in their houses lest some word should escape from the lips of their wives and children which may put them in embarrassing situations. In this manner it becomes difficult for a common citizen to speak freely, even in his own house and society begins to suffer from a state of general distrust and suspicion.



4. The Security of Personal Freedom



Islam has also laid down the principle that no citizen can be imprisoned unless his guilt has been proved in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reason- able opportunity to produce his defence is not permissible in Islam. It is related in the hadith that once the Prophet was delivering a lecture in the mosque, when a man rose during the lecture and said: "O Prophet of God, for what crime have my neighbours been arrested?" The Prophet heard the question and continued his speech. The man rose once again and repeated the same question. The Prophet again did not answer and continued his speech. The man rose for a third time and repeated the same question. Then the Prophet ordered that the man's neighbours be released. The reason why the Prophet had kept quiet when the question was repeated twice earlier was that the police officer was present in the mosque and if there were proper reasons for the arrest of the neighbours of this man, he would have got up to explain his position. Since the police officer gave no reasons for these arrests the Prophet ordered that the arrested persons should be released. The police officer was aware of the Islamic law and therefore he did not get up to say: "the administration is aware of the charges against the arrested men, but they cannot be disclosed in public. If the Prophet would inquire about their guilt in camera I would enlighten him." If the police officer had made such a statement, he would have been dis- missed then and there. The fact that the police officer did not give any reasons for the arrests in the open court was sufficient reason for the Prophet to give immediate orders for the release of the arrested men. The injunction of the Holy Quran is very clear on this point. "When- ever you judge between people, you should judge with (a sense of) justice" (4:58). And the Prophet has also been asked by God: "I have been ordered to dispense justice between you." This was the reason why the Caliph 'Umar said: "In Islam no one can be imprisoned except in pursuance of justice." The words used here clearly indicate that justice means due process of law. What has been prohibited and condemned is that a man be arrested and imprisoned without proof of his guilt in an open court and without providing him an opportunity to defend himself against those charges. If the Government suspects that a particular individual has committed a crime or he is likely to commit an offence in the near future then they should give reasons for their suspicion before a court of law and the culprit or the suspect should be allowed to produce his defence in an open court, so that the court may decide whether the suspicion against him is based on sound grounds or not and if there is good reason for suspicion, then he should be informed of how long he will be in preventive detention. This decision should be taken under all circumstances in an open court, so that the public may hear the charges brought by the government, as well as the defence made by the accused and see that the due process of law is being applied to him and he is not being victimized.



The correct method of dealing with such cases in Islam is exemplified in the famous decision of the Prophet which took place before the conquest of Makkah. The Prophet was making preparations for the attack on Makkah, when one of his Companions, Hatib ibn Abi Balta'ah sent a letter through a woman to the authorities in Makkah informing them about the impending attack. The Prophet came to know of this through a Divine inspiration. He ordered 'Ali and Zubayr: "Go quickly on the route to Makkah, at such and such a place, you will find a woman carrying a letter. Recover the letter from her and bring it to me." So they went and found the woman exactly where the Prophet had said. They recovered the letter from her and brought it to the Prophet. This was indeed a clear case of treachery. To inform the enemy about a secret of an army and that too at the time of a war is a very serious offence tantamount to treachery. In fact one cannot think of a more serious crime during war than giving out a military secret to one's enemy. What could have been a more suitable case for a secret hearing; a military secret had been betrayed and common sense demanded that he should be tried in camera. But the Prophet summoned Hatib to the open court of the Mosque of the Prophet and in the presence of hundreds of people asked him to explain his position with regard to his letter addressed to the leaders of Quraysh which had been intercepted on its way. The accused said: "O God's Messenger (may God's blessings be on you) I have not revolted against Islam, nor have I done this with the intention of betraying a military secret. The truth of the matter is that my wife and children are living in Makkah and I do not have my tribe to protect them there. I had written this letter so that the leaders of Quraysh may be indebted to me and may protect my wife and children out of gratitude." 'Umar rose and respect- fully submitted: "O Prophet, please permit me to put this traitor to the sword." The Prophet replied: "He is one of those people who had participated in the Battle of Badr, and the explanation he has advanced in his defence would seem to be correct."



Let us look at this decision of the Prophet in perspective. It was a clear case of treachery and betrayal of military secrets. But the Prophet acquitted Hatib on two counts. Firstly, that his past records were very clean and showed that he could not have betrayed the cause of Islam, since on the occasion of the Battle of Badr when there were heavy odds against the Muslims, he had risked his life for them. Secondly, his family was in fact in danger at Makkah. Therefore, if he had shown some human weakness for his children and written this letter, then this punishment was quite sufficient for him that his secret offence was divulged in public and he had been disgraced and humiliated in the eyes of the believers. God has referred to this offence of Hatib in the Holy Quran but did not propose any punishment for him except rebuke and admonition.



The attitude and activities of the Kharijis in the days of the Caliph 'Ali are well-known to the students of Muslim history. They used to abuse the Caliph openly, and threaten him with murder. But whenever they were arrested for these offences, 'Ali would set them free and tell his officers "As long as they do not actually perpetrate offences against the State, the mere use of abusive language or the threat of use of force are not such offences for which they can be imprisoned." The imam Abu Hanifah has recorded the following saying of the Caliph 'Ali (A): "As long as they do not set out on armed rebellion, the Caliph of the Faithful will not interfere with them." On another occasion 'Ali was delivering a lecture in the mosque when the Kharijis raised their special slogan there. 'Ali said: "We will not deny you the right to come to the mosques to worship God, nor will we stop to give your share from the wealth of the State, as long as you are with us (and support us in our wars with the unbelievers) and we shall never take military action against you as long as you do not fight with us." One can visualize the opposition which 'Ali was facing; more violent and vituperative opposition cannot even be imagined in a present-day democratic State; but the freedom that he had allowed to the opposi- tion was such that no government has ever been able to give to its opposition. He did not arrest even those who threatened him with murder nor did he imprison them.

5. The Right to Protest Against Tyranny



Amongst the rights that Islam has conferred on human beings is the right to protest against government's tyranny. Referring to it the Quran says: "God does not love evil talk in public unless it is by some- one who has been injured thereby" (4:148). This means that God strongly disapproves of abusive language or strong words of condemna- tion, but the person who has been the victim of injustice or tyranny, God gives him the right to openly protest against the injury that has been done to him. This right is not limited only to individuals. The words of the verse are general. Therefore if an individual or a group of people or a party usurps power, and after assuming the reins of authority begins to tyrannize individuals or groups of men or the entire population of the country, then to raise the voice of protest against it openly is the God-given right of man and no one has the authority to usurp or deny this right. If anyone tries to usurp this right of citizens then he rebels against God. The talisman of Section 1444 may protect such a tyrant in this world, but it cannot save him from the hell-fire in the Hereafter.

6. Freedom of Expression



Islam gives the right of freedom of thought and expression to all citizens of the Islamic State on the condition that it should be used for the propagation of virtue and truth and not for spreading evil and wickedness. This Islamic concept of freedom of expression is much superior to the concept prevalent in the West. Under no circumstances would Islam allow evil and wickedness to be propagated. It also does not give anybody the right to use abusive or offensive language in the name of criticism. The right to freedom of expression for the sake of propagating virtue and righteousness is not only a right in Islam but an obligation. One who tries to deny this right to his people is openly at war with God, the All-Powerful. And the same thing applies to the attempt to stop people from evil. Whether this evil is perpetrated by an individual or by a group of people or the government of one's own country, or the government of some other country; it is the right of a Muslim and it is also his obligation that he should warn and reprimand the evil-doer and try to stop him from doing it. Over and above, he should openly and publicly condemn it and show the course of righteousness which that individual, nation or government should adopt.

The Holy Quran has described this quality of the Faithful in the following words: "They enjoin what is proper and forbid what is improper" (9:71). In contrast, describing the qualities of a hypocrite, the Quran mentions: "They bid what is improper and forbid what is proper" (9:67). The main purpose of an Islamic Government has been defined by God in the Quran as follows: "If we give authority to these men on earth they will keep up prayers, and offer poor-due, bid what is proper and forbid what is improper" (22:41). The Prophet has said: "If any one of you comes across an evil, he should try to stop it with his hand (using force), if he is not in a position to stop it with his hand then he should try to stop it by means of his tongue (meaning he should speak against it). If he is not even able to use his tongue then he should at least condemn it in his heart. This is the weakest degree of faith" (Muslim). This obligation of inviting people to righteousness and forbidding them to adopt the paths of evil is incumbent on all true Muslims. If any government deprives its citizens of this right, and prevents them from performing this duty, then it is in direct conflict with the injunction of God. The government is not in conflict with its people, but is in conflict with God. In this way it is at war with God and is trying to usurp that right of its people which God has conferred not only as a right but as an obligation. As far as the government which itself propagates evil, wickedness and obscenity and interferes with those who are inviting people to virtue and righteousness is concerned, according to the Holy Quran it is the government of the hypocrites.

7. Freedom of Association



Islam has also given people the right to freedom of association and formation of parties or organizations. This right is also subject to certain general rules. It should be exercised for propagating virtue and righteousness and should never be used for spreading evil and mischief. We have not only been given this right for spreading righteousness and virtue, but have been ordered to exercise this right. Addressing the Muslims, the Holy Quran declares:



You are the best community which has been brought forth for mankind. You command what is proper and forbid what is improper and you believe in God ... (3:110)



This means that it is the obligation and duty of the entire Muslim community that it should invite and enjoin people to righteousness and virtue and forbid them from doing evil. If the entire Muslim community is not able to perform this duty then "let there be a community among you who will invite (people) to (do) good, command what is proper and forbid what is improper, those will be prosperous" (3:104). This clearly indicates that if the entire Muslim nation collectively begins to neglect its obligation to invite people to goodness and forbid them from doing evil then it is absolutely essential that it should contain at least a group of people which may perform this obligation. As has been said before this is not only a right but an obligation and on the fulfilment of which depends success and prosperity here as well as in the Hereafter. It is an irony with the religion of God that in a Muslim country the assembly and association that is formed for the purposes of spreading evil and mischief should have the right to rule over the country and the association and party which has been formed for propagating righteous- ness and virtue should live in perpetual fear of harassment and of being declared illegal. Conditions here are just the reverse of what has been prescribed by God. The claim is that we are Muslims and this is an Islamic State5 but the work that is being done is directed to spreading evil, to corrupt and morally degrade and debase the people while there is an active and effective check on the work being carried out for reforming society and inviting people to righteousness. Moreover the life of those who are engaged in spreading righteousness and checking the spread of evil and wickedness is made intolerable and hard to bear.



8. Freedom of Conscience and Conviction



Islam also gives the right to freedom of conscience and conviction to its citizens in an Islamic State. The Holy Quran has laid down the injunction: "There should be no coercion in the matter of faith" (2:256). Though there is no truth and virtue greater than the religion of Truth-Islam, and Muslims are enjoined to invite people to embrace Islam and advance arguments in favour of it, they are not asked to enforce this faith on them. No force will be applied in order to compel them to accept Islam. Whoever accepts it he does so by his own choice. Muslims will welcome such a convert to Islam with open arms and admit him to their community with equal rights and privileges. But if somebody does not accept Islam, Muslims will have to recognize and respect his decision, and no moral, social or political pressure will be put on him to change his mind.

9. Protection of Religious Sentiments



Along with the freedom of conviction and freedom of conscience, Islam has given the right to the individual that his religious sentiments will be given due respect and nothing will be said or done which may encroach upon this right. It has been ordained by God in the Holy Quran: "Do not abuse those they appeal to instead of God" (6:108). These instructions are not only limited to idols and deities, but they also apply to the leaders or national heroes of the people. If a group of people holds a conviction which according to you is wrong, and holds certain persons in high esteem which according to you is not deserved by them, then it will not be justified in Islam that you use abusive language for them and thus injure their feelings. Islam does not prohibit people from holding debate and discussion on religious matters, but it wants that these discussions should be conducted in decency. "Do not argue with the people of the Book unless it is in the politest manner" (29:46)-says the Quran. This order is not merely limited to the people of the Scriptures, but applies with equal force to those following other faiths.



10. Protection from Arbitrary Imprisonment



Islam also recognizes the right of the individual that he will not be arrested or imprisoned for the offences of others. The Holy Quran has laid down this principle clearly: "No bearer of burdens shall be made to bear the burden of another" (6:164). Islam believes in personal responsibility. We ourselves are responsible for our acts, and the consequence of our actions cannot be transferred to someone else. In other words this means that every man is responsible for his actions. If another man has not shared this action then he cannot be held responsible for it, nor can he be arrested. It is a matter of great regret and shame that we are seeing this just and equitable principle which has not been framed by any human being, but by the Creator and Nourish- er of the entire universe, being flouted and violated before our eyes. So much so that a man is guilty of a crime or he is a suspect, but his wife being arrested for his crime. Things have gone so far that innocent people are being punished for the crimes of others. To give a recent example, in Karachi (Pakistan), a man was suspected of being involved in a bomb throwing incident. In the course of police investigation he was subjected to horrible torture in order to extract a confession from him. When he insisted on his innocence, then the police arrested his mother, his wife, daughter and sister and brought them to the police station. They were all stripped naked in his presence and he was stripped naked of all his clothes before their eyes so that a confession of the crime could be extracted from him. It appears as if for the sake of investigation of crime it has become proper and legal in our country to strip the innocent women folk of the household in order to bring pressure on the suspect. This is indeed very outrageous and shameful. This is the height of meanness and depravity. This is not a mere hearsay which I am repeating here, but I have full information about this case and can prove my allegations in any court of law. I would here like to ask what right such tyrants who perpetrate these crimes against mankind have to tell us that they are Muslims or that they are conduct- ing the affairs of the state according to the teachings of Islam and their state is an Islamic State. They are breaching and flouting a clear law of the Holy Quran. They are stripping men and women naked which is strictly forbidden in Islam. They disgrace and humiliate humanity and then they claim that they are Muslims.



11. The Right to Basic Necessities of Life



Islam has recognized the right of the needy people that help and assistance will be provided for them. "And in their wealth there is acknowledged right for the needy and the destitute" (51:19). In this verse, the Quran has not only conferred a right on every man who asks for assistance in the wealth of the Muslims, but has also laid down that if a Muslim comes to know that a certain man is without the basic necessities of life, then irrespective of the fact whether he asks for assistance or not, it is his duty to reach him and give all the help that he can extend. For this purpose Islam has not depended only on the help and charity that is given voluntarily, but has made compulsory charity, zakat as the third pillar of Islam, next only to profession of faith and worship of God through holding regular prayers. The Prophet has clearly instructed in this respect that: "It will be taken from their rich and given to those in the community in need" (al-Bukhari and Muslim). In addition to this, it has also been declared that the Islamic State should support those who have nobody to support them. The Prophet has said: "The Head of state is the guardian of him, who has nobody to support him" (Abu Dawud, al-Tirmidhi). The word wali which has been used by the Prophet is a very comprehensive word and has a wide range of meanings. If there is an orphan or an aged man, if there is a crippled or unemployed person, if one is invalid or poor and has no one else to support him or help him, then it is the duty and the responsibility of the state to support and assist him. If a dead man has no guardian or heir, then it is the duty of the state to arrange for his proper burial. In short the state has been entrusted with the duty and responsibility of looking after all those who need help and assistance. A truly Islamic State is therefore a truly welfare state which will be the guardian and protector of all those in need.



12. Equality Before Law



Islam gives its citizens the right to absolute and complete equality in the eyes of the law. As far as the Muslims are concerned, there are clear instructions in the Holy Quran and hadith that in their rights and obligations they are all equal: "The believers are brothers (to each other)" (49:10). "If they (disbelievers) repent and keep up prayer and pay the Ipoor-due, they are your brothers in faith" (9:11). The Prophet has said that: "The life and blood of Muslims are equally precious" (Abu Dawud; Ibn Majjah). In another hadith he has said: "The protection given by all Muslims is equal. Even an ordinary man of them can grant protection to any man" (al-Bukhari; Muslim; Abu Dawud). In another more detailed Tradition of the Prophet, it has been said that those who accept the Oneness of God, believe in the Prophet- hood of His Messenger, give up primitive prejudices and join the Muslim community and brotherhood, "then they have the same rights and obligations as other Muslims have" (al-Bukhari; al-Nisa'i). Thus there is absolute equality between the new converts to Islam and the old followers of the Faith.

This religious brotherhood and the uniformity of their rights and obligations is the foundation of equality in Islamic society, in which the rights and obligations of any person are neither greater nor lesser in any way than the rights and obligations of other people. As far as the non- Muslim citizens of the Islamic State are concerned, the rule of Islamic Shari'ah (law) about them has been very well expressed by the Caliph 'Ali in these words: "They have accepted our protection only because their lives may be like our lives and their properties like our properties" (Abu Dawud). In other words, their (of the dhimmis) lives and properties are as sacred as the lives and properties of the Muslims. Discrimination of people into different classes was one of the greatest crimes that, according to the Quran, Pharaoh used to indulge in: "He had divided his people into different classes," ... "And he suppressed one group of them (at the cost of others)" (28:4).




13. Rulers Not Above the Law



Islam clearly insists and demands that all officials of the Islamic State, whether he be the head or an ordinary employee, are equal in the eyes of the law. None of them is above the law or can claim immunity. Even an ordinary citizen in Islam has the right to put forward a claim or file a legal complaint against the highest executive of the country. The Caliph 'Umar said, "I have myself seen the Prophet, may God's blessings be on him, taking revenge against himself (penalizing himself for some shortcoming or failing)." On the occasion of the Battle of Badr, when the Prophet was straightening the rows of the Muslim army he hit the belly of a soldier in an attempt to push him back in line. The soldier complained "O Prophet, you have hurt me with your stick." The Prophet immediately bared his belly and said: "I am very sorry, you can revenge by doing the same to me." The soldier came forward and kissed the abdomen of the Prophet and said that this was all that he wanted.

A woman belonging to a high and noble family was arrested in connection with a theft. The case was brought to the Prophet, and it was recommended that she may be spared the punishment of theft. The Prophet replied: "The nations that lived before you were destroyed by God because they punished the common men for their offences and let their dignitaries go unpunished for their crimes; I swear by Him (God) who holds my life in His hand that even if Fatimah, the daughter of Muhammad, has committed this crime then I would have amputated her hand." During the caliphate of 'Umar, Muhammad the son of 'Amr ibn al-'As the Governor of Egypt, whipped an Egyptian. The Egyptian went to Medina and lodged his complaint with the Righteous Caliph, who immediately summoned the Governor and his son to Medina. When they appeared before him in Medina, the Caliph handed a whip to the Egyptian complainant and asked him to whip the son of the Governor in his presence. After taking his revenge when the Egyptian was about to hand over the whip to 'Umar, he said to the Egyptian: "Give one stroke of the whip to the Honourable Governor as well. His son would certainly have not beaten you were it not for the false pride that he had in his father's high office." The plaintiff submitted: "The person who had beaten me, I have already avenged myself on him." 'Umar said: "By God, if you had beaten him (the Governor) I would not have checked you from doing so. You have spared him of your own free will." Then he ('Umar) angrily turned to 'Amr ibn al-'As and said: "O 'Amr, when did you start to enslave the people, though they were born free of their mothers?" When the Islamic State was flourishing in its pristine glory and splendour, the common people could equally lodge complaints against the caliph of the time in the court and the caliph had to appear before the qadi to answer the charges. And if the caliph had any complaint against any citizen, he could not use his administrative powers and authority to set the matter right, but had to refer the case to the court of law for proper adjudication.




14. The Right to Avoid Sin



Islam also confers this right on every citizen that he will not be ordered to commit a sin, a crime or an offence; and if any govern- ment, or the administrator, or the head of department orders an individual to do a wrong, then he has the right to refuse to comply with the order. His refusal to carry out such crime or unjust instructions would not be regarded as an offence in the eyes of the Islamic law. On the contrary giving orders to one's subordinates to commit a sin or do a wrong is itself an offence and such a serious offence that the officer who gives this sinful order whatever his rank and position may be, is liable to be summarily dismissed. These clear instructions of the Prophet are summarized in the following hadith: "It is not permissible to dis- obey God in obedience to the orders of any human being" (Musnad of Ibn Hanbal). In other words, no one has the right to order his subordinates to do anything against the laws of God. If such an order is given, the subordinate has the right to ignore it or openly refuse to carry out such instructions. According to this rule no offender will be able to prove his innocence or escape punishment by saying that this offence was committed on the orders of the government or superior officers. If such a situation arises then the person who commits the offence and the person who orders that such an offence be committed, will both be liable to face criminal proceedings against them. And if an officer takes any improper and unjust measures against a subordinate who refuses to carry out illegal orders, then the subordinate has the right to go to the court of law for the protection of his rights, and he can demand that the officer be punished for his wrong or unjust orders.



15. The Right to Participate in the Affairs of State



According to Islam, governments in this world are actually representatives (khulafa') of the Creator of the universe, and this responsibility is not entrusted to any individual or family or a particular class or group of people but to the entire Muslim nation. The Holy Quran says: "God has promised to appoint those of you who believe and do good deeds as (His) representatives on earth" (24:55). This clearly indicates that khilafah is a collective gift of God in which the right of every individual Muslim is neither more nor less than the right of any other person. The correct method recommended by the Holy Quran for running the affairs of the state is as follows: "And their business is (conducted) through consultation among themselves" (42:38). According to this principle it is the right of every Muslim that either he should have a direct say in the affairs of the state or a representative chosen by him and other Muslims should participate in the consultation of the state. Islam, under no circumstance, permits or tolerates that an individual or a group or party of individuals may deprive the common Muslims of their rights, and usurp powers of the state. Similarly, Islam does not regard it right and proper that an individual may put up a false show of setting up a legislative assembly and by means of underhand tactics such as fraud, persecution, bribery, etc., gets himself and men of his choice elected in the assembly. This is not only a treachery against the people whose rights are usurped by illegal and unfair means, but against the Creator Who has entrusted the Muslims to rule on this earth on His behalf, and has prescribed the pro- cedure of an assembly for exercising these powers. The shura or the legislative assembly has no other meaning except that:

  1. The executive head of the government and the members of the assembly should be elected by free and independent choice of the people.

  2. The people and their representatives should have the right to criticize and freely express their opinions.

  3. The real conditions of the country should be brought before the people without suppressing any fact so that they may be able to form their opinion about whether the government is working properly or not.

  4. There should be adequate guarantee that only those people who have the support of the masses should rule over the country and those who fail to win this support should be removed from their position of authority.

CHAPTER FOUR: RIGHTS OF ENEMIES AT WAR



After dealing with the rights of the citizens of an Islamic State, I would like to briefly discuss the rights which Islam has conferred on its enemies. In the days when Islam came into focus the world was completely unaware of the concept of humane and decent rules of war. The West became conscious of this concept for the first time through the works of the seventeenth century thinker, Grotius. But the actual codification of the 'international law' in war began in the middle of the nineteenth century. Prior to this no concept of civilized behaviour in war was found in the West. All forms of barbarity and savagery were perpetrated in war, and the rights of those at war were not even recognized, let alone respected. The laws which were framed in this field during the nineteenth century or over the following period up to the present day, cannot be called 'laws' in the real sense of the word. They are only in the nature of conventions and agreements and calling them 'international law' is actually a kind of misnomer, because no nation regards them binding when they are at war, unless, of course, when the adversaries also agree to abide by them. In other words, these civilized laws imply that if our enemies respect them then we shall also abide by them, and if they ignore these human conventions and take recourse to barbaric and cruel ways of waging war, then we shall also adopt the same or similar techniques. It is obvious that such a course which depends on mutual acceptance and agreement cannot be called 'law'. And this is the reason why the provisions of this so-called 'inter- national law' have been flouted and ignored in every way, and every time they have been revised, additions or deletions have been made in them. Law of War and Peace in Islam:

The rules which have been framed by Islam to make war civilized and humane, are in the nature of law, because they are the injunctions of God and His Prophet which are followed by Muslims in all circum- stances, irrespective of the behaviour of the enemy. It is now for the scholars to find out how far the West has availed of the laws of war given by Islam thirteen hundred years ago; and even after the adapta- tion of some of the laws of Islam how far the West attained those heights of civilized and humane methods of warfare which Muslims reached through the blessings of Islam. Western writers have often asserted that the Prophet had borrowed everything in his teachings from the Jews and the Christians. Instead of saying anything in its refutation I will only recommend the reader to refer to the Bible6 so that he can see which methods of war are recommended by the sacred Book of these Western claimants to civilization and culture.

We have examined in some detail the basic human rights that Islam has conferred on man. Let us now find out what rights and obligations Islam recognizes for an enemy.



The Rights of the Non-Combatants:

Islam has first drawn a clear line of distinction between the combatants and the non-combatants of the enemy country. As far as the non-combatant population is concerned such as women, children, the old and the infirm, etc., the instructions of the Prophet are as follows: "Do not kill any old person, any child or any woman" (Abu Dawud). "Do not kill the monks in monasteries" or "Do not kill the people who are sitting in places of worship" (Musnad of Ibn Hanbal).

During a war, the Prophet saw the corpse of a woman lying on the ground and observed: "She was not fighting. How then she came to be killed?" From this statement of the Prophet the exegetists and jurists have drawn the principle that those who are non-combatants should not be killed during or after the war.



The Rights of the Combatants:

Now let us see what rights Islam has conferred on the combatants.



1. Torture with Fire



In the hadith there is a saying of the Prophet that: "Punishment by fire does not behove anyone except the Master of the Fire" (Abu Dawud). The injunction deduced from this saying is that the adversary should not be burnt alive.



2. Protection of the Wounded

"Do not attack a wounded person"-thus said the Prophet. This means that the wounded soldiers who are not fit to fight, nor actually fighting, should not be attacked.




3. The Prisoner of War Should not be Slain

"No prisoner should be put to the sword"-a very clear and unequivocal instruction given by the Prophet (S).




4. No one Should be Tied to be Killed

"The Prophet has prohibited the killing of anyone who is tied or is in captivity."



5. No Looting and Destruction in the Enemy's Country



Muslims have also been instructed by the Prophet that if they should enter the enemy's territory, they should not indulge in pillage or plunder nor destroy the residential areas, nor touch the property of anyone except those who are fighting with them. It has been narrated in the hadith: "The Prophet has prohibited the believers from loot and plunder" (al-Bukhari; Abu Dawud). His injunction is: "The loot is no more lawful than the carrion" (Abu Dawud). Abu Bakr al-Siddiq used to instruct the soldiers while sending them to war, "Do not destroy the villages and towns, do not spoil the cultivated fields and gardens, and do not slaughter the cattle." The booty of war which is acquired from the battleground is altogether different from this. It consists of the wealth, provisions and equipment captured only from the camps and military headquarters of the combatant armies.



6. Sanctity of Property



The Muslims have also been prohibited from taking anything from the general public of a conquered country without paying for it. If in a war the Muslim army occupies an area of the enemy country, and is encamped there, it does not have the right to use the things belonging to the people without their consent. If they need anything, they should purchase it from the local population or should obtain permission from the owners. Abu Bakr al-Siddiq, while instructing the Muslim armies being despatched to the battlefront would go to the extent of saying that Muslim soldiers should not even use the milk of the milch cattle without the permission of their owners.



7. Sanctity of a Dead Body



Islam has categorically prohibited its followers from disgracing or mutilating the corpses of their enemies as was practised in Arabia before the advent of Islam. It has been said in the hadith: "The Prophet has prohibited us from mutilating the corpses of the enemies" (al- Bukhari; Abu Dawud). The occasion on which this order was given is highly instructive. In the Battle of Uhud the disbelievers mutilated the bodies of the Muslims, who had fallen on the battlefield and sacrificed their lives for the sake of Islam, by cutting off their ears and noses, and threading them together to put round their necks as trophies of war. The abdomen of Hamzah, the uncle of the Prophet, was ripped open by Quraysh, his liver was taken out and chewed by Hind, the wife of Abu Sufyan, the leader of the Meccan army. The Muslims were naturally enraged by this horrible sight. But the Prophet asked his followers not to mete out similar treatment to the dead bodies of the enemies. This great example of forbearance and restraint is sufficient to convince any reasonable man who is not blinded by prejudice or bias, that Islam is really the religion sent down by the Creator of the universe, and that if human emotions had any admission in Islam, then this horrible sight on the battlefield of Uhud would have provoked the Prophet to order his followers to mutilate the bodies of their enemy in the same manner.



8. Return of Corpses of the Enemy

In the Battle of Ahzab a very renowned and redoubtable warrior of the enemy was killed and his body fell down in the trench which the Muslims had dug for the defence of Medina. The unbelievers presented ten thousand dinars to the Prophet and requested that the dead body of their fallen warrior may be handed over to them. The Prophet replied "I do not sell dead bodies. You can take away the corpse of your fallen comrade."



9. Prohibition of Breach of Treaties

Islam has strictly prohibited treachery. One of the instructions that the Prophet used to give to the Muslim warriors while sending them to the battlefront was: "Do not be guilty of breach of faith." This order has been repeated in the Holy Quran and the hadith again and again, that if the enemy acts treacherously let him do so, you should never go back on your promise. There is a famous incident in the peace treaty of Hudaybiyyah, when after the settlement of the terms of the treaty, Abu Jandal, the son of the emissary of the unbelievers who had negotiated this treaty with the Muslims, came, fettered and blood-stained, rushing to the Muslim camp and crying for help. The Prophet told him "Since the terms of the treaty have been settled, we are not in a position to help you out. You should go back with your father. God will provide you with some other opportunity to escape this persecution." The entire Muslim army was deeply touched and grieved at the sad plight of Abu Jandal and many of them were moved to tears. But when the Prophet declared that "We cannot break the agreement", not even a single person came forward to help the unfortunate prisoner, so the unbelievers forcibly dragged him back to Makkah. This is an unparalleled example of the observance of the terms of agreement by the Muslims, and Islamic history can show many examples of a similar nature.

10. Rules About Declaration of War



It has been laid down in the Holy Quran: "If you apprehend breach of treaty from a people, then openly throw the treaty at their faces" (8:58). In this verse, Muslims have been prohibited from opening hostilities against their enemies without properly declaring war against them, unless of course, the adversary has already started aggression against them. Otherwise the Quran has clearly given the injunction to Muslims that they should intimate to their enemies that no treaty exists between them, and they are at war with them. The present day 'inter- national law' has also laid down that hostilities should not be started without declaration of war, but since it is a man-made rule, they are free to violate it whenever it is convenient. On the other hand, the laws for Muslims have been framed by God, hence they cannot be violated.



Conclusion:



This is a brief sketch of those rights which fourteen hundred years ago Islam gave to man, to those who were at war with each other and to the citizens of its state, which every believer regards as sacred as law. On the one hand, it refreshes and strengthens our faith in Islam when we realize that even in this modern age which makes such loud claims of progress and enlightenment, the world has not been able to produce juster and more equitable laws than those given 1400 years ago. On the other hand it hurts one's feelings that Muslims are in possession of such a splendid and comprehensive system of law and yet they look forward for guidance to those leaders of the West who could not have dreamed of attaining those heights of truth and justice which was achieved a long time ago. Even more painful than this is the realization that throughout the world the rulers who claim to be Muslims have made disobedience to their God and the Prophet as the basis and foundation of their government. May God have mercy on them and give them the true guidance.




Source






The Prophet sal Allahu alayhi wa'sallam said:



"The Muslim is a unique Ummah among the whole of mankind:


Their Land is ONE, their War is ONE, their Peace is ONE,


Their Honour is ONE and their Trust is ONE."


[Ahmad]