Human Rights in Islam

By His Excellency, Sheikh

Saleh bin Abdul Aziz bin Muhammad
bin Ibrahim Aal al-Shaikh
 Human Rights in Islam

By His Excellency,
Saleh bin Abdul Aziz bin Muhammad bin
Ibrahim Aal al-Shaikh

Translated by
The Translation Centre/KSU

Revised by
Assia Editions

Kingdom of Saudi Arabia

Ministry of Islamic Affairs, Endowments,
Da'wah and Guidance
The Undersecretariat of Publications
and Research
1437/2015
 The Ministry of Islamic Affairs,
Endowments, Dawah and Guidance 1427 H
Catalogue of King Fahd National Library
During Publication
Aal al-Shaikh . Saleh bin Abdul Aziz

Human Rights in Islam

Saleh bin Abdul Aziz Aal al-Shaikh. Riyadh.

1427 H.50 P cm
ISBN: 987-9960-29-721-7

Islam AND Human Rights i, the Title

Devi 257,9 1434/10427

Deposit Number: 1434/10427

ISBN: 987-9960-29-721-7
 Human Rights in Islam
3

In the Name of Allah, the Most Gracious the

Most Merciful
Praise be to Allah the Lord of the universe
who says in His perfect Book:

‫ﮋﮎﮏﮐ ﮑﮒﮓﮔﮕﮖﮗ‬
‫ﮘﮙﮚﮛﮜﮝﮞﮟﮠﮊ‬

]٪٧ :‫[اإلرساء‬

"And indeed We have honoured the Children of

Adam, and carried them on land and sea, and
provided them with good things, and preferred them
above many of those whom We have created with a
marked preference."1
I praise Allah Almighty, who knows best what
He created, and He is well acquainted with all
things. I praise the goodness in his commands and
prohibitions, His law and His guidance, as He is the
one who guided the people and commanded them to

1
al-Isrā‟: 70
 Human Rights in Islam
4

do that in which lies their betterment in their worldly

life and in the Hereafter. Much praise is due to Him
since His bounties upon us are many. I bear witness
that there is no deity worthy of worship except Allah
alone, without any partner, and I bear witness that
Muhammad is His servant and Messenger, may the
peace and many blessings of Allah be upon him, his
family and companions.
It is a Muslim‟s duty to take care to learn about
the religion what he does not know, and to reaffirm
his knowledge about things he might have forgotten
with the passage of time, due to the busy pace of life.
There is no doubt that the law of Islam is a
perfect and blessed law, and no better legal system
has ever come to the people. Allah has given every
Prophet a law, and the law he gave to Prophet
Muhammad is the most perfect and complete law
that will endure until the end of time. It is suitable
for all times and places, no matter how diverse.
 Human Rights in Islam
5

‫ ﭻﭼﭽﭾﭿﮀﮁﮂ‬...‫ﮋ‬
‫ﮃﮄﮅﮆﮇﮈﮉﮊﮋﮌ ﮍﮎ ﮏ ﮐ‬
] ٦ :‫ﮑ ﮒ ﮓ ﮊ [ املائدة‬
"This day, I have perfected your religion for
you, completed My Favour upon you, and have
chosen for you Islam as your religion. But as for him
who is forced by severe hunger, with no inclination
to sin (such can eat these above-mentioned meats),
then surely, Allah is Oft-Forgiving, Most Merciful."1
Indeed, Islamic law provides a solution for
every problem, protection of every right, and the
elevation of human dignity on the basis of our
common humanity. It honours the Muslims for
bearing the message of monotheism. Hence, it
becomes incumbent upon everyone to know the
merits of this law with its injunctions, objectives and
purposes, and the rights it guarantees. This will
encourage them to act upon it and call others

1
al-Mā‟idah: 3
 Human Rights in Islam
6

towards it. It will protect them from the distortions

and misrepresentations of those who wish to block
people from reaching the truth through deceptive
means and propaganda.
We praise Allah for making us among those
who follow this law, learn it, and emulate the good
manners of Allah‟s Messenger. Having said that, the
lectures I delivered in the mosque under the title of
"Legal Rights" covered the most important topics
that a Muslim should know about. This is because
Allah has established the heavens and the Earth
upon two sets of rights: His rights and the rights of
the people. All the Messengers throughout time and
all the revealed scriptures came to explain these two
sets of rights: first, Allah‟s right that we worship
Him alone, reject the idolatry, and obey His
Messenger whose obedience is required by Him in
all times and places; and then that we uphold the
rights of the people. This is why Allah revealed the
scriptures and sent His Messengers. He says:
 Human Rights in Islam
7

‫ﮋ ﭑﭒﭓﭔﭕﭖﭗ‬
]٥٨ :‫ﮊ [احلديد‬... ‫ﭘ ﭙ ﭚ ﭛﭜ‬

"Indeed, We have sent Our Messengers with

clear proofs, and revealed with them the Scripture
and the Balance so that humankind may uphold
justice.”1
He also says:

‫ﮋﭴﭵﭶﭷﭸﭹﭺﭻﭼ‬
] ٦٩ :‫ﮊ [انلحل‬... ‫ﭽ ﭾﭿ‬
"And verily, We have sent among every nation
a Messenger (proclaiming): „Worship Allah (alone),
and avoid all false deities."2
For the same reason, the Prophet said to
Mu'adh, "O Mu'adh, do you know what Allah's right
is upon His servants and what the servants' rights are
upon Allah?”
1
al-Hadīd: 25
2
al-Nahl: 36
 Human Rights in Islam
8

Mu'adh said: “Allah and His Messenger know

the best.”
The Prophet said: “Indeed Allah‟s right upon
His servants is that they should worship Him and not
associate any partner with Him. The servants‟ right
upon Allah is that He should not punish those who
do not associate any partner with Him.”
Mu'adh said:“O Messenger of Allah, shouldn't
I go and give this good news to the people?”
He said: “Do not give this good news to them,
because they might depend upon it to the exclusion
of all else.”1
Hence, the rights brought by all the divinely
revealed laws, and by Islamic law in particular, are
the right of Allah and the rights of the people. This
will be manifest for you when you will reflect upon
the Book of Allah regarding this topic as well as the
Prophet‟s life and Sunnah.

1 Narrated by Bukhari (2856) and Muslim (30).

 Human Rights in Islam
9

Regarding the rights enshrined in Islamic law,

scholars of Islam have propounded upon them at
length. Among the rights discussed frequently in our
present day are what are called 'Human Rights'. This
topic, which I have made the title of this book, has
been the focus of considerable academic research
form a variety of angles, including the standpoint of
Islamic law, Islamic beliefs, how they relate to the
Muslim judiciary, as well as their political and
economic dimensions in Islam.
This topic is a serious concern for all the major
countries of the world, as seen in the United Nations‟
'Human Rights Conventions'. The creation of the
term „Human Rights‟ has a story behind it. It is a
relatively new term. It is not found in Islamic law,
nor in the Qur'an and Sunnah, nor in earlier
scholarly discourse. However, its meaning is very
much present in the Qur'an and Sunnah, which can
be seen by reviewing the rights addressed under
Islamic law.
 Human Rights in Islam
10

After the American-led allied victory in the

Second World War, the United Nations established
the new world order. The term “new world order” is
not the product of the aftermath of Gulf war; but
rather has its origins after the Second World War. It
was devised so that the great and powerful countries
could use it whenever they wanted to impose
something new upon other nations and peoples
regardless of their various cultures and national
boundaries. After the Second World War, they
wanted a new world order through which the
powerful countries could control all other countries.
This control sometimes took the form of cultural
interventions, sometimes it related to the assurance
of freedoms, sometimes it took the form of direct
intervention in other countries‟ affairs. A part of this
new world order was the United Nations‟ Universal
Declaration of Human Rights in 1948, which has 30
articles, later followed by a number of amendments
and additions. This document – with all its additions
– is now called the International Bill of Human
Rights.
 Human Rights in Islam
11

Human rights, as conceptualised by the United

Nations and the countries of the western world, refer
back to two essential concepts:freedom and equality.
Freedom means, inter alia, the abolition of
slavery in all its guises, considering it an illegitimate
act. It also means the development of a detailed
discourse on freedom, categorising its various
manifestations, like individual freedom, political
freedom, financial freedom, freedom of the
judiciary, and the right to national identity.
Equality was addressed in equal detail,
including matters such as gender, race, ethnicity and
social class. It also addressed questions of people‟s
rights and choices, and their choosing the country
wherein they wish to live.
Therefore, all human rights, as conceptualised
by the United Nations, are related to two important
principles: freedom and equality.
Among the articles of the Universal
Declaration of Human Rights are those that prohibit
 Human Rights in Islam
12

certain activities and limit the right of state in how it

relates to the people. In this way, western countries
and the United Nations interfered in the internal
affairs of many countries and imposed many things
on them. Statements were often made against
countries for not upholding certain [Link]
the interference becomes greater and countries were
called into question on their human rights record and
made to account for what they have done to ensure
these freedoms, citing individual cases. They also
broached political freedoms, while calling towards
democracy and the rule of the people. This is why
elections and parliaments throughout the world are
established on western models.
There is no doubt that when these principles
are imposed from outside upon nations whose
people lack a sufficient understanding of them, those
nations will be easy to manipulate and control, and
can be placed under the power of those who are
friendly to the West. This is especially true of the
liberation and independence movements that
 Human Rights in Islam
13

rejected colonial rule in the wake of the Second

World War. The general call for human rights took
place in a specific historical context that served the
interests of the major colonial powers.
When the topic of human rights is discussed,
Muslims should feel proud of their religion and be
certain that a human right is greater when it is from
Allah who best knows His creatures and what is
good for them. Allah says:

]٤٧ :‫ﮋ ﭜ ﭝ ﭞ ﭟ ﭠ ﭡ ﭢ ﭣ ﮊ [امللك‬

"Should not He Who has created know? And

He is the Most Kind and Courteous (to His slaves)
All-Aware (of everything)."1
Allah is the one who protects human rights
through His law. He protects the rights of the people
regardless of how different they are. Many people
who have written on the issue of 'Human Rights'
have demonstrated that Islamic law, the biography of

1
al-Mulk: 14
 Human Rights in Islam
14

our Prophet Muhammad, the injunctions in the

Qur‟an and Sunnah, the deeds of the four rightly
guided Caliphs and those who came after them,
constitute the greatest early document of 'Human
Rights' which is well-developed in both theory and
practice. This is because as the principles of human
rights were fully implemented during the time of the
Prophet and during the time of the four rightly
guided Caliphs. Thus, many researchers wrote about
this topic and among topic them, there are some who
viewed the UN Declaration of Human Rights
uncritically, and tried to find for each and every
section of that declaration a precedence in the
Islamic history or Islamic law. They focused
particularly on the abolishment of slavery and
equality of men and women. The weakness in their
approach is still seen in many researchers who are
facing western allegations or trying to find an
Islamic precedence for a particular interpretation of
certain rights or freedoms.
 Human Rights in Islam
15

Other researchers approached the issue

objectively, usually writing academic articles and
publishing in journals, where they explained that
some of the human rights as understood in the West
and articulated by the United Nations, are affirmed
by Islamic law in exactly the same way while others
are incongruous with Islamic teachings to a greater
or lesser extent. Allah has commanded Muslims to
refer all matters of disagreement back to Him, where
He says:

‫ﮋﯚﯛﯜﯝ ﯞﯟﯠﯡﯢﯣ‬
]٧٬ :‫ﮊ [املائدة‬... ‫ﯤ ﯥ ﯦ ﯧ ﯨ ﯩ ﯪ ﯫﯬ‬

"And so judge (you O Muhammad) between

them by what Allah has revealed and follow not their
vain desires, but beware of them lest they turn you
(O Muhammad) far away from some of that which
Allah has sent down to you."1

1
al-Mā‟idah: 49
 Human Rights in Islam
16

He also says:

‫ ﮊ‬...‫ ﮈ ﮉ ﮊ ﮋﮌ ﮍ ﮎ ﮏ ﮐ ﮑ‬...‫ﮋ‬
]٧٧ :‫[يوسف‬
"The command (or the judgement) is for none
but Allah. He has commanded that you worship none
but Him (i.e. His Monotheism)."1
This command to refer to Allah in matters of
disagreement applies to questions of academic
importance as well as to practical matters.
The present book might not cover all aspects
of the topic of human rights, but we will try to
clarify the topic enough so that the reader will
understand the Islamic legal principles of 'Human
Rights' and compare them to those of the West. This
should lead to an appreciation of how human rights
are contextualised according to the wishes of
colonizers and those who are hostile towards Islam,
and that adopting such a contextualisation of human

1
Yūsuf: 40
 Human Rights in Islam
17

rights is not in the best interest of Islam and the

Muslims. Quite the contrary, it can lead to
interference in their affairs and cause them to deviate
from their religious values, and consequently lead
them to blindly follow the West in its understanding
of freedoms,equality,the proper relationship between
men and women, financial affairs, and political
agendas.
The Origin of Human Rights
The topic of human rights in Islam can be
referred back to Allah‟s statement:

]٪٧ :‫ ﮊ [اإلرساء‬... ‫ﮋ ﮎ ﮏ ﮐ ﮑ ﮒ‬
"And indeed We have honoured the Children of
Adam."1
Allah‟s respect for the children of Adam, as
the scholars have stated, refers to two things:
First: Allah‟s respect for the children of Adam
in their structure, physical creation, and in whatever
1
al-Isrā‟: 70
 Human Rights in Islam
18

He provided for them in the heaven and on Earth.

This is addressed directly in the verse.
Second: Allah has elevated the children of
Adam above the animals and other creations and
preferred them above many of His creatures in all
that is related to their happiness and interests,
through what they seek in their livelihood and in
their relationships with their fellow human beings.
For this very reason, different laws were revealed to
explain to them the rights of Allah and the rights of
the people. Therefore, after Allah declares:

]٪٧ :‫ ﮊ [اإلرساء‬... ‫ﮋ ﮎ ﮏ ﮐ ﮑ ﮒ‬
"And indeed We have honoured the Children
of Adam."
He continues, saying:

‫ ﮚ ﮛ ﮜ ﮝ ﮞ ﮟ ﮠ ﮊ‬...‫ﮋ‬

]٪٧ :‫[اإلرساء‬

"...and have preferred them above many of

 Human Rights in Islam
19

those whom We have created with a marked

preference."1
This refers not only to the creation of
humanity, but also to the promulgation of the human
race and the organization of human society. It also
refers to the fact that they have been called upon to
worship Allah alone and to follow the prophets and
messengers.
We have already discussed that in the West,
and among those influenced by the West, the rights
that come under the term 'Human Rights' are of two
kinds: freedom and equality. The freedom that they
call towards does not exist in an unqualified sense,
even in their own countries. This is because
unqualified freedom means that people can do
whatever they want and this does not exist anywhere
in the world. Throughout the world, freedoms have
their limits. When the limit is reached, it is said that
you need to stop here; you are not free to go beyond
this. This should give you the understanding that the
1
al-Isrā‟: 70
 Human Rights in Islam
20

term freedom exists only in a relative sense.

Absolute freedom in everything; in money, politics,
the judiciary, human life, and family, does not exist
anywhere in the world. The freedom that is available
in the world varies in its degree from country to
country based on the strength with which freedoms
are granted.
Therefore, the word 'freedom' that constitutes
part of the "Human Rights" they call towards, is not
available with them without limits. If this is the case,
i.e. if they put human limits on it based on their
opinions, then we may say that this principal shows
that putting a limit on freedom has negated the idea
that the word 'freedom' is equally acceptable to
every human being. If freedom has to be accepted
and relied upon, then human beings should be
granted their freedom in whatever they want. In this
way you will be calling towards unlimited freedom.
But if you limit it by granting a certain kind of
freedom and limit openly through legislation and
subtly through covert checks on people‟s wealth and
 Human Rights in Islam
21

capabilities then it is not accepted that there is

unlimited freedom.
So the basis for the freedom that is called to in
their conceptualisation of "Human Rights" must be
looked at from the angle that the freedom is not
without limits; rather it is necessarily limited,
meaning that human beings are not totally free
anywhere on the Earth to do as they please. Instead,
they have limits prescribed for them and described
to them in detail. This is why protocols and
etiquettes were introduced, and other measures were
introduced to stop people who do not abide by them
from participating in official business or entering
any place in casual clothes or attending any place or
saying anything.
There is a lack of freedom prevailing
everywhere. This is because it is deemed that it is
not appropriate that people should be given their
freedom due to its contradicting good taste sometime
or due to its impairing social relationships, or due to
it contravening the rights of others. Hence the idea
 Human Rights in Islam
22

of giving full freedom in the "Human Rights" is

negated in principle.
Secondly, the equality they are calling towards
means equality between men and women in
everything. It also means equality of all people in
the taking and giving of rights, in wages, in
education, health, medical care, travelling and living
wherever they wish in their country – as their
articles say – , the abolition of slavery… etc.
In this conceptualisation of equality, there are
some things which are acceptable and others which
are not, which we will be discussing, God willing.
Our purpose here is not to criticize the declaration
and its amendments. Rather, we are here to make
clear that the most complete and noble manifestation
of human rights is that which is granted by the Lord
of humanity.
When people wish to give rights to someone,
they will never be safe from the influence of their
desires . Regardless of who the legislators are, their
desires will interfere. This is why we see that
 Human Rights in Islam
23

western laws, like those of France or America, are

subject to change with the passage of time, either
due to some particular interests present at the time
the laws were first enacted, or due to the power of
influential people,or due to changes in circumstances
over time. In this regard, Allah has told that
decisions made in the time of ignorance are based on
people‟s vain desires. Allah says:

‫ﮊ‬... ‫ﮋ ﯚ ﯛ ﯜ ﯝ ﯞ ﯟ ﯠ ﯡ ﯢ‬

]٧٬ :‫[املائدة‬
"And so judge (you O Muhammad ) between
them by what Allah has revealed and follow not their
vain desires."1
Hence, every decision that is not in conformity
with Islamic law is no doubt based on vain desires
and not in conformity with what is correct.
People‟s desires certainly prevent them from
giving others their rights properly. Therefore, the
1
al-Mā‟idah: 49
 Human Rights in Islam
24

principles they devised are based on a human vision

which was influenced by desires and dictated by the
interests of the countries involved and their desire to
control weaker countries or countries possessing
resources.
If you consider the state of the people before
the advent of Prophet Muhammad, whether they
were Arabs – the Arabs of Mecca and its
surroundings – or those who were elsewhere in the
Arabian Peninsula or those who were in Syria,
Egypt, Iran and Rome, you will find that depriving
people of their freedoms was commonplace. There
was no equality whatsoever. The law of jungle
prevailed. The strong devoured the weak and people
oppressed one another.
When Rib'ee went to the chief of Persian army,
the chief asked him: “What brought you here?”
He replied: “Allah has sent us out to release
whomever He wills from the worship of people to
the worship of Allah and from the constriction of
this world to its vastness and from the injustice of
 Human Rights in Islam
25

the religious systems to the justice of Islam".1

When the Prophet came, Allah revealed the
law of Islam to him and ordered him to proclaim the
truth and warn his close relatives then warn all of
humanity. Allah made his messengership a mercy for
the whole world. He says:

‫ﮋﮐﮑ ﮒ ﮓﮔ ﮕﮊ‬

]٤٧٪ :‫[األنبياء‬
"And We have sent you (O Muhammad) not but
as a mercy for all the worlds."2
When the Prophet came to that society, it was
a society where class conflict was rife and the class
discrimination was at its worst. It was a society
where this tribe was better than that one, these
individuals were more illustrious than those, and
some were entitled to control the affairs of others.

1- See: Tarikh al-Tabari, Vol. 3, page 520, and al-Bidayah wa al-

Nihayah, Vol. 7, page 46.
2
al-Anbiyā‟: 107
 Human Rights in Islam
26

These were the tribal traditions where discrimination

and favouritism among people was the order of the
day.
The Prophet brought a great principal to them,
expressed in the Qur‟an where Allah says:

‫ﮋﭵﭶﭷ ﭸﭹﭺﭻﭼﭽﭾ‬
]٤٦ :‫ﮊ [احلجرات‬...‫ﭿﮀﮁ ﮂﮃﮄﮅ‬

"O humankind! We have created you from a

male and a female, and made you into nations and
tribes, that you may know one another. Verily, the
most honourable of you with Allah are those who are
most God-fearing."1
Piety became the only criterion for true
nobility, preference and [Link] traits were
not based on gender, colour, tribe or nationality, but
inner goodness:

‫ﮊ‬... ‫ ﮁ ﮂ ﮃ ﮄ ﮅ‬... ‫ﮋ‬

1
al-Hujurāt: 13
 Human Rights in Islam
27

“Verily, the most honourable of you with Allah

are those who are most God-fearing."
Likewise, our Prophet said: 'O people! Behold,
your Lord is one, and your father is one. Behold, no
Arab is superior to a non-Arab, nor is a non-Arab is
superior to an Arab, nor is a white person superior
to a black person, nor is a black person superior to
a white person except with piety."1
It is also narrated in a tradition that he said:
'People are as equal as the teeth of a comb. They are
preferred over each other by their goodness.'2 This is
referring to the responsibilities where Allah has
made people equal by addressing them with the
commandments of Islam. In this, there is no
difference between male and female, free and slave,
or rich and [Link] people are commanded to
believe in the oneness of Allah and to obey Him and
fear Him according to their [Link] is a complete

1 It is narrated by Ahmad (38/474), and al-Baihaqi in Shu'ab al-

Iman (7/132), and Abu Nu'aim in al-Hilyah (3/100).
2 It is narrated by al-Quda'ee in his Musnad (1/145), and al-
Asbahani in his book al-Amthal fi al-Hadith al-Nabawi (p. 203).
 Human Rights in Islam
28

equality in this responsibility.

Similarly, when Islam came, it put an end to
discrimination among people, making them brothers
to each other. The Prophet made every immigrant
form Mecca a brother to a person from the city of
Madina where the Meccan Muslims went to seeking
refuge. He also established this brotherhood between
free people and slaves in Madina. It is narrated by
Ali that the Prophet considered Salman the Persian
one of his family members. It is an authentic
narration from Ali that the Prophet peace be on him
said: 'Salman is from us, he is a member of the
family.'1 This tradition is narrated as a statement of
the Prophet, but it is authentic as a statement of Ali.
This equality and lack of discrimination
between the people is among the noblest things that

1 It is narrated by Tabarani in al-Kabir (6/212), and Hakem

(3/691), and ibn Abi Shaiba in his Musannaf (12/148), and ibn Sa'd
(2/346, 4/85), and Abu Nu'aim in al-Hilyah (1/87), and ibn 'Asakir
(7/411, 415). Albani authenticated this tradition as Mawqoof and
considered it as unauthentic as Marfoo'. See: al-Silsilah al-Dha'eefah
(3704).
 Human Rights in Islam
29

Islam pioneered in the field of human rights, as it

gave people their rights on the basis of being the
children of Adam. All humanity is equal in their
rights before Allah and they are also equal in giving
others their rights and fulfilling their duties between
themselves and among the people.
The Prophet made Zaid bin Haritha, a freed
slave, the leader of a large military force and then
made Zaid‟s son Usama the leader after him. Abu
Bakr al-Siddiq maintained that appointment during
his reign.
When the Muslims spread Islam into the
surrounding countries, non-Arabs – Persians and
others – became scholars of Islam and imams of the
mosques, and they started teaching the people and
sharing their knowledge. It is recorded in Islamic
history that many non-Arabs led the Muslims in
knowledge and in issuing legal verdicts and many
other things. Take, for example, their leadership in
knowledge. Abu Hanifa was not an Arab, nor was
Imam Bukhari, whose hadith compilation is the most
 Human Rights in Islam
30

important work in the field. There is not a single

Muslim who does not know Imam Abu Abdullah
Muhammad bin Isma'il al-Bukhari and there is a
long list of non-Arabs who are among the leading
scholars of Islam. So when Islam came, it abolished
all kinds of discrimination and these non-Arabs
became leaders and imams ahead of the Arabs. How
could they do so? It is because they studied the
religion and carried the banner of monotheism:
"There is no deity except Allah and Muhammad is
the Messenger of Allah". There is no difference
between a non-Arab and an Arab except due to piety.
When the Muslims learned Islamic etiquettes,
they did not have the problem of class
discrimination. They did not prefer the religious
leadership of one class or nationality over another.
Rather, they accepted everyone, as the people are
equal in this respect.
When the rein of Ummayyads and Abbasids
ended, which were dynasties from the Arab tribe of
Quraysh, the Mamluk dynasty came to power, and
 Human Rights in Islam
31

they had been former slaves. Then the Turkish

Ottoman rulers came to power, and they were good
rulers during the early years of their rule. The
Muslims followed them, because those leaders and
governors considered the lawful interests of the
people and the people‟s welfare was realised.
Hence, Islam was the first system to abolish
class discrimination and make it a practical reality
for the people. Islamic history is full examples
where this great principal, the principal of equality,
was put into practice. History is a witness on it.
Regarding the principle of equality in rights,
there is no doubt that Islamic law has realised it in a
most comprehensive manner. There are two
important values in Islamic Law that need to be
discussed:
1: Equality
2: Justice
Justice is mandatory under all circumstances,
while equality is practiced where it is appropriate.
 Human Rights in Islam
32

Equality is not absolute. In other words, justice

means to give everyone their due and extend to them
all of their rights without any abuse or transgression.
This is justice, and Allah has commanded us
categorically to do justice. He says:

‫ﮊ‬...‫ﮋﭻﭼﭽﭾﭿﮀﮁﮂ‬

]٬٧ :‫[ انلحل‬

"Verily,Allah enjoins justice and good dealings

and giving help to kith and kin."1
Justice necessitates that all people are given
their due rights. No one should be deprived of their
rights because of who they are. People should be
given the rights they are entitled to on account of
their circumstances. This is the reason why Islamic
law does not apply strict equality in punishments for
crimes that do not have fixed punishments
prescribed for them in the Qur‟an. The Prophet said:
"Forgive honourable people their mistakes except

1
al-Nahl: 90
 Human Rights in Islam
33

for crimes with prescribed punishments."1 Here,

there is lack of equality in consideration of the
greater societal welfare that is realised by this policy.
Umar did not give entitlements equally to others
what he gave to the veterans of the Battle of Badr.
He also did not give equally from the national
welfare funds to those who were first and foremost
in accepting Islam and those who accepted Islam
later on. Rather, he gave each and everyone their due
right according to the sacrifices they had made. This
is justice, since treating people equally who differed
in their level of sacrifice and commitment in helping
Islam would be unjust.
Equality is commanded by Islamic law in
numerous rights, like the right to equal treatment
before the law in the courtroom and before the state.
People should be equal before their governors and

1 It is narrated by Abu Dawood (4375), Ahmad (42/300), An-

Nasa'ee in al-Kubraa (7253), At-Tahawi in Sharh Mushkil al-Athaar
(2377), Abu Nu'aim in al-Hilya (9/43), Baihaqi in Al-Sunan al-Kubraa
(8/579, 580), Tabarani in al-Awsat (3/277) and ibn Adi in al-Kamil
5/1945).
 Human Rights in Islam
34

judges. The judge should not prefer one person over

another. Even if a Muslim and a non-Muslim come
before the court, the judge should not discriminate
between them, because this is the place of justice
and judgment where all people are equal. It is an
absolute right that their legal rights should be
protected by the force of the judiciary. Allah says:

‫ ﭖ ﭗ ﭘ ﭙ ﭚ ﭛ ﭜﭝ ﭞ ﭟ‬...‫ﮋ‬
]٧٥ :‫ﮊ [املائدة‬... ‫ﭠ ﭡ ﭢ ﭣﭤ‬
"So if they come to you (O Muhammad), either
judge between them, or turn away from them. If you
turn away from them, they cannot hurt you in the
least."1
This refers to the Jews and Christians.

‫ ﭥ ﭦ ﭧ ﭨ ﭩﭪ ﭫ ﭬ ﭭ‬...‫ﮋ‬
]٧٥ :‫ﭮ ﭯ ﮊ [املائدة‬

1
al-Mā‟idah: 42
 Human Rights in Islam
35

"And if you judge, judge with justice between

them. Verily, Allah loves those who act justly."1
The idea that everyone is equal in having their
rights rendered to them was proclaimed by Prophet
Muhammad in the clearest possible manner on many
occasions. For instance, he mentioned how the Jews
came to ruin because they discriminated between
their nobles and commoners in laws, judicial
procedures, and punishing criminal offences. The
Prophet said: "I swear by Allah, that even if Fatima
the daughter of Muhammad stole, I would have cut
off her hand."2 Hence the lives, wealth and honour
of all people are valued and protected equally. So
there is no difference between anyone in the sanctity
of their lives and reputations. Likewise, all people‟s
property rights are equally protected in Islamic law
and in the courts. Perhaps this is why the Prophet
allowed someone to hit him back when he hurt him
by mistake in the battle of Badr. Usaid bin Hudhair

1
al-Mā‟idah: 42
2 It is narrated by Bukhari (3475) and Muslim (1688).
 Human Rights in Islam
36

narrates that while the Prophet was talking to the

people and making them laugh, he hit him lightly on
his waist with a stick. When he complained, the
Prophet said: “You may take your revenge.” He said:
“I will.” Then he said: “You are wearing a shirt but
there is not shirt on my body.” The Prophet then
lifted his shirt for him. He came forward, hugged
him, kissed his flank and said: “I intended only this,
O Messenger of Allah."1
The Prophet said on another occasion while
praying for his community:"O Allah!If I insulted any
believer, then make it a good deed for him on the
Day of Judgment."2
Therefore, people are equal in their judicial
rights regardless of whether they are Muslims or
non-Muslims. Their right before the courts and their
rights in Islamic law are the [Link] do not take the
right of a Christian and give it to a Muslim or of a
Jew and give it to a Muslim. Rights are only

1 It is narrated by Abu Dawood (5224), Tabarani in al-Kabir

(1/205,206), Hakim (3/327) and al-Baihaqi in al-Kubra (8/78).
2 It is narrated by Bukhari (6361) and Muslim (2600).
 Human Rights in Islam
37

transferred by the courts on the basis of legal

evidence. "Give the trust to the one who has
entrusted you and do not be untrustworthy to the one
who was untrustworthy to you."1 Allah says:

]٧٬ :‫ ﮊ [املائدة‬... ‫ﮋ ﯚ ﯛ ﯜ ﯝ ﯞ ﯟ‬
"And so judge (you O Muhammad) between
them by what Allah has revealed."2
Allah has commanded us to be firm in justice,
witnesses for Allah, even if it is against our own
selves:

‫ﮋﭑ ﭒ ﭓ ﭔ ﭕ ﭖ ﭗ ﭘ ﭙ‬
]٤٦٨ :‫ﮊ [النساء‬... ‫ﭚ ﭛ ﭜ‬
"O you who believe! Stand out firmly for
justice, as witnesses to Allah, even though it be

1 It is narrated by Abu Dawood (3534), Tirmidhi (1264), Darimi

(2693), Ahmad (24/150), al-Baihaqi in his Sunan (10/456), Dar Qutni
(3/443), Hakim (2/53), Tahawi in Sharh Mushkil al-Athaar (5/91,95),
Tabarani in al-Kabir (1/288, 8/127) and in al-Awsat (4/55) and in al-
Saghir (475), and Abu Nu'aim in al-Hilyah (6/132).
2
al-Mā‟idah: 49
 Human Rights in Islam
38

against yourselves."1
He also says:

‫ ﮱ ﯓ ﯔ ﯕ ﯖ ﯗ ﯘﯙ‬...‫ﮋ‬
]٫ :‫ﮊ [املائدة‬... ‫ﯚ ﯛ ﯜ ﯝﯞ‬
"And let not the enmity and hatred of others
make you swerve from justice. Be just: that is nearer
to piety."2
A Jew would come with a Muslim to the court
of law in the era of the Prophet‟s Companions, and
the Muslim would not be given any preference over
the Jew in court. Rather, both were just considered
as litigants, hence equal. Otherwise, it would lead to
injustice. Why? Because if discrimination is found in
these case, it will surely lead to corruption on Earth,
while Allah has ordered us to reform the world and
prohibited us to corrupt it. Allah says:

1
al-Nisā‟: 135
2
al-Mā‟idah: 8
 Human Rights in Islam
39

‫ﮋﯓ ﯔ ﯕ ﯖ ﯗ ﯘ ﯙ ﯚ‬
]٨٩ :‫ﮊ [األعراف‬... ‫ﯛﯜ‬

"And do not do mischief on the Earth, after it

has been set in order, and invoke Him with fear and
hope."1
The reformation of the world is achieved
through knowledge, through the message of
Muhammad, and by giving people their legal rights
that our Prophet came with. This is how reform and
betterment can come to the world. The greatest
aspect of this is monotheism and avoiding false
worship. Corruption on Earth happens first when the
right of Allah is neglected and then when the rights
of the people are abused.2 This corruption creeps
upon society slowly and ultimately invites the wrath
of Allah, as He says:

1
al-A`rāf: 56
2- See: Ibn Abi Hatim in his Tafseer (1/1501, 5/1520). Imam al-
Suyuti, in his book al-Durr al-Manthoor (3/476, 477), attributed this
narration to Abu al-Shaikh in Tafseer.
 Human Rights in Islam
40

‫ﮋﮂ ﮃ ﮄ ﮅ ﮆ ﮇﮈ ﮉﮊ ﮋ‬
‫ﮌﮍ ﮎ ﮏ ﮐ ﮑ ﮒ ﮓ ﮔ ﮕ ﮖ ﮗ ﮘ‬
]٫٥ – ٫٤ :‫ﮙ ﮚ ﮛ ﮜ ﮝ ﮞ ﮊ [طه‬
"Eat of the good things We have provided for
you, and commit no oppression therein, lest My
anger should justly descend on you. And those on
whom My anger descends are indeed fallen. But
truly, I am forgiving to those who repent, believe,
and do righteous good deeds, and then remain
constant in guidance."1
In Islam, people, whether in Muslim countries
or elsewhere in the world, are characterised as
follows:
1: Muslims
2. Non-Muslims living as citizens of the
Muslim state, e.g. the Jews and Christians who are
under the protection of a Muslim state. Their

1
Tāhā: 81-82
 Human Rights in Islam
41

circumstances are defined in detail by the jurists.

3. Those who have entered into a covenant
with a Muslim state.
4. Those who are at peace with the Muslims.
5. Those who are at war with the Muslims.
So if you want to count the kinds of the non-
Muslims living on Earth, then there are four
categories; those living as citizens of the Muslim
state, those who entered a covenant, those who are at
peace with the Muslims, and those who are at war
with them. The Prophet ordered that all of these
people are to be given their rights. Indeed, Allah has
commanded in His Book that the rights of the non-
Muslims are to be given to them, provided they are
not openly engaging in hostility against the Muslims.
He says:
 Human Rights in Islam
42

‫ﮋﭹﭺ ﭻﭼﭽﭾﭿﮀﮁﮂ ﮃ ﮄﮅ‬

‫ﮆ ﮇ ﮈ ﮉﮊ ﮋ ﮌ ﮍ ﮎ ﮏ ﮐ ﮑ ﮒ ﮓ‬
‫ﮔﮕﮖﮗﮘ ﮙﮚﮛﮜﮝﮞﮟﮠ‬
]٬ – ٫ :‫ﮡﮢ ﮣﮤﮥ ﮦﮊ [املمتحنة‬
"Allah does not forbid you to deal justly and
kindly with those who did not fight against you on
account of your religion nor drive you out of your
[Link], Allah loves those who deal with
equity. It is only with regards to those who fought
against you on account of your religion, and drove
you out of your homes, and helped to drive you out,
that Allah forbids you to turn to them in allegiance
them. And whosoever allies with them, they are the
wrongdoers."1

1
al-Mumtahanah: 8-9
 Human Rights in Islam
43

The right of non-Muslim citizens are confirmed

in Islamic law. People‟s disbelief in Islam does not
allow us misappropriate their human rights. Their
rights are given to them by Allah. The Prophet said:
“Whoever kills a non-Muslim citizen will not smell
the fragrance of Paradise, though its fragrance
1
extends for a distance of a journey of forty years.”
He also said: “Whoever kills a person with
whom we have a covenant will not smell the
fragrance of Paradise, though its fragrance extends
for a distance of a journey of forty years.”2
Why? Because the covenants of the Muslims
must be respected by all Muslims. These people
have come with a covenant, a peace treaty, to the
Muslim state. They can live in peace and their lives,
honour and property are protected. Their rights are
firmly protected to them by law. There are many
textual evidences that confirm to the rights of non-

1 Narrated by Ahmad (11/256), inb Majah (2686), Nasa'ee in al-

Mujtaba (8/25) and in al-Kubra (8742), al-Hakim (2/126), al-Baihaqi
in al-Sunan (9/205) and ibn Abi Shaibah (9/426).
2 Narrated by Bukahri (3166).
 Human Rights in Islam
44

Muslim citizens, those with a covenant and those

under protection. The scholars have spoken in detail
regarding these issues.
Regarding those who are at war with the
Muslims, there are many rulings concerning them. If
they are taken as prisoners of war, they are given
respect. If they are overpowered, their women,
children, and elderly people are not killed.1 These
are among many examples of Islam‟s humanitarian
rulings concerning war. Some other legal systems
command that all the captives be killed. For
instance, it is mentioned in the Law of Moses that all

1 As it is narrated in a Hadith quoted by Imam Muslim (1731) on

the authority of Buraida, may Allah be pleased with him, who said:
Whenever the Messenger of Allah appointed a leader over an army or
a detachment, he advised him privately to fear Allah and be nice to the
Muslim under him, then he said: fight in the name of Allah, in the
cause of Allah, fight those who disbelieve in Allah, fight but do not
steel from the war booty, do not betray, do not damage the dead
bodies, and do not kill a child". Hadith of Atyyah al-Qurazi who said:
I was one of the captives from bani Quraiza. They looked, so whoever
had grown pubic hair was killed and who did not have was not killed.
I was among those who did not have the pubic hair grown. Narrated
by Abu Dawood (4404), Tirmidhi (1584), ibn Majah (2541) and
Nasa'ee (3430, 4981).
 Human Rights in Islam
45

enemies are killed in the state of war. However,

Islamic law, which Allah has chosen to remain until
the Day of Judgment, says that enemy combatants
can only be killed on the battlefield. If they are
captured,then there are many other rulings governing
their treatment.
Regarding the Muslim citizens of an Islamic
State, they have many rights. If they are at home,
they may do anything they wish, as long as they do
not make public any activities that are considered
unlawful among the Muslims. Those who come into
the Muslim lands under a covenant are not allowed
to propagate their religion. As for the non-Muslim
citizens, there are detailed rulings. For instance in
lands that have come under Muslim rule, like Syria,
Iraq, and Egypt, there are many churches. By
contrast, in areas like Saudi Arabia, they are not
allowed to make public their religious tenets, like
ringing church bells and wearing visible crosses.
Likewise, they are not allowed to publicly drink
wine. If they wish to drink wine, they may do so
 Human Rights in Islam
46

privately within their homes. Islamic law protects

this right for them, but they are not allowed to make
public in Muslim countries things that are against
Islamic law. If they do so privately, they will not be
investigated for that.
Regarding their financial practices, it is
narrated that the non-Muslim traders used to come to
Madina for trade and request Umar to allow them to
stay there. He used to allow them there and in other
cities but never allowed them to stay for more than
three nights in the Arabian Peninsula due to the
Prophet‟s prohibition of allowing non-Muslims to
reside permanently in the Arabian Peninsula. Non-
Muslims have full financial rights to trade and get
financial benefits and other financial rights.
Hence, it becomes manifest to you from this
brief presentation that Islamic law grants financial
rights, equality and justice in many areas. The best
examples of giving these rights can be found during
the time of the Prophet, and then during the era of
his rightly guided Caliphs. This is one kind.
 Human Rights in Islam
47

Regarding the second value related to

human rights, which is freedom, as we have
mentioned, it is always qualified. There are various
kinds of personal freedom that we can identify for
study, including financial freedom, freedom of
travel, and freedom to reside where one wishes.
There is political freedom, where people can express
their political views and religious freedom which
means that people may choose any religion they
wish to believe in. These freedoms are addressed by
human rights conventions.
In Islamic law, freedom is not absolute,
because granting people absolute freedom will lead
them to act in any way they wish, which would be
contrary to the public interest. It is very well known
that the public interest, or the interest of society, is
given priority over individual interests. This is a
point upon which all legal systems agree. Islam and
Islamic law have guaranteed a great degree of
freedom for people in many cases, but in a way that
it benefits the well-being of the people, which Islam
 Human Rights in Islam
48

came to ensure. It is well known that Islamic law has

come to ensure human welfare and prevent or reduce
what is harmful. Islamic law seeks to protect the five
necessities of life which are essential for human life
to thrive. These are: religion, life, property, reason,
and dignity. These are the five necessities that Islam
came to protect. With these considerations in mind,
Islamic law gives people a great degree of freedom
to act as they wish.
Among the forms of freedom that Islam
guarantees for all people freedom in their financial
undertakings, provided they are sane and have the
mental capacity to act in their own interests. If they
wish to spoil their wealth and harm themselves, then
they will be stopped from doing so. These
considerations come under the topic of “legal
competence”. For instance, if an old man misuses
his wealth, instead of saving it for himself and his
children and instead of making good use of it so he
runs the risk of destitution, his children or relatives
can object to his actions, and he can be prevented
 Human Rights in Islam
49

from using his money in this way.

Similarly a young orphan, if he inherits a great
amount of wealth, is not given the opportunity to
waste him money. An eight or ten year old child
cannot buy a car according to his wishes or travel as
he wishes using his money. Islamic law requires that
a guardian is appointed to manage the orphan‟s
money in a way that is the best for the orphan. Allah
says:

‫ﮊ‬... ‫ ﯫ ﯬ ﯭ ﯮ ﯯ ﯰ ﯱﯲ‬... ‫ﮋ‬

]٩ :‫[النساء‬
"If then you find sound judgement in them,
release their property to them."1
Sound judgement means knowing how to
properly use wealth. It is a great financial freedom
that people may own any lawful thing. When it
comes to spending according to their free will, they
may purchase things, give gifts, lend money, and
1
al-Nisā‟: 6
 Human Rights in Islam
50

travel as long as they have the mental competence to

act in their own interests and in the interests of their
dependents. If they are not able to do so, then their
freedom will be reduced. The reason this freedom is
curtailed here is due to the harm that those of limited
mental competence will otherwise cause themselves.
If a person wants to harm himself, it becomes
obligatory upon all to take care of his interests.
Why? Because the Muslims are brethren in Islamic
law, and even the lowest in rank among them may
enter into a contract that is binding for all. They
share each other's burdens and they advise each
other.1 Therefore, a person cannot do with his money
that which may harm him in this world or the
Hereafter. These limitations on financial freedom are

1 As it is narrated in a Hadith quoted by Abu Dawood (2751) on

the authority of Amr bin Shu'aib, who narrated from his father and
grandfather that the Messenger of Allah said: the Muslims are equal
in their bloods, the lowest in rank among them may bear a
responsibility that is binding for all and the most distant among them
may give them protection. They are united against any outside
force…"
 Human Rights in Islam
51

rare. In most cases, people use their money as they

wish for any legal purpose.
Another example of freedom is political
freedom, which is generally understood in the West
to refer to elections and democracy. Democratic
elections can be conducted with justice or they can
be swayed. Because who is the voter? The people.
And you see now that in the developed countries that
hold elections, the politicians use media campaigns
to get ahead. Therefore, those who have money and
can wage the strongest media campaign will win the
election. They may not be the right people for the
job, but the people elect them thinking that they are
the right [Link] deceive the people who do not
know who to choose and who is good for them.
People differ in their mental capabilities, some are
not wise and do not know what is beneficial for the
people and the nation as a whole, so some people
can sway the elections results by paying huge
amount of money. There are some Zionist lobbies
that spend huge amount of money to affect the
 Human Rights in Islam
52

results of elections here and there so that they may

bring in the person they want. In other words, the
political freedom which is found in the form of
holding elections and creating a parliament does not
always serve the people's interests in their countries.
Regarding this issue in Islamic law, if we look
at Islamic history and the application of Islam during
the time of the rightly guided caliphs, it is seen that
the issue of governance is left to the members of
society known for their knowledge and experience.
So in the issue of electing the governor and the
caliph and choosing the best person for this job,
Islamic law has not made the people equal. The most
ignorant people are not made equal with the wisest
people and the ones who do not know the rulings of
Islamic law are not made equal with the scholars in
choosing the governor by giving a right to vote to
each one of them. Islamic law does not allow this. If
equality is given in this sense, then it will lead to a
catastrophe. Rather, Islamic law leaves this in the
hands of the members of society known for their
 Human Rights in Islam
53

knowledge and experience. For this reason, Abu

Bakr appointed Umar and Umar in turn appointed a
consultative council from the members of society
known for their knowledge and experience.
So the political freedoms which they claim and
the parliaments and elections according to the
present system are not held everywhere. Secondly,
their interest at the first place is to please the people.
Regarding their real interests, it is seen that many of
the presidents and the key position holders in the
western countries are not the best available but the
people wanted them to be there.
In connection with the topic of political
freedom according to their terminology, it appears
that they mean by political freedom the right of
every faction to form a political party that can grow
among the people, become active, and then affect the
general political scene according to the party's
platform. Hence, we see many parties in western and
eastern countries fighting with each other, like the
Democratic Party, the Republican Party, the Socialist
 Human Rights in Islam
54

Party, and the Labour Party.

These parties vie with each other, and when
any one of them wins, it imposes its agenda, political
ideology and judicial opinions on the entire
population. So you see that the triumph of a
particular party does not ensure political rights,
neither does it ensure the consent of people. It only
ensures the pleasure of the members of that party.
The others remain unhappy, wishing that the
winning party had never won. They condemn its
actions and opinions.
Therefore,the application of political freedoms
as they have them, creates competition between the
political parties which does not lead the country to
any government by consensus. It also does not make
the people happy with the decisions taken by the
state. Thus, a party can rule thanks to political and
democratic freedoms but not be accepted by the
people. You have many examples in front of you,
like when some Islamic parties won in Algeria and
Turkey, the state was not happy with it and opted for
 Human Rights in Islam
55

military rule instead. They wanted democracy and

human rights, but when the Islamic parties won, it
became unacceptable. Even the United Nations, the
human rights organizations, and western countries
do not practice the human rights they declare. If I
start talking about the violations of the western
countries and the United Nations regarding human
rights in political freedoms, the list of violations
would be very long.
Islamic law has come with something greater
than what is mentioned above, something greater
than every other experience in human history. This is
the principle of sincere advice and advising the ones
in authority with the intention of seeking Allah's
pleasure. Advising those in authority is a legal
obligation as our Prophet peace be upon him said:
“Religion is but sincere advice.”
“We said: for whom O Messenger of Allah?”
He said: “For Allah, His Book, His Messenger,
for the leaders of the Muslims and for the general
 Human Rights in Islam
56

public.”1
Therefore, advising the Muslim leaders is an
obligation. There is no good in them if they do not
listen to the advice and there is no good in the
believers if they do not advise them. The question is:
how is this advice supposed to reach them? The
channels of conveying the advice during early times
of Islam were through the people of authority and
consultative councils.
Regarding the freedom of religion, they say
that people can choose any religion they want as
long as they behave properly and commit no
transgression against others. Regarding the religion
of Allah which He has revealed upon His Messenger
- Islam - it is the true religion. If people choose
Islam as their religion and then decide to say: “I am
free to choose any other religion”, it is not allowed
for them. Why? Because they have become like

1- Narrated by Imam Muslim (55) and by Imam Bukhari in the

Book of Iman, Chapter on the saying of the Prophet peace be upon
him: Religion is but sincere advice, for Allah, His Book, His
Messenger, for the leaders of the Muslims and for the general public.
 Human Rights in Islam
57

insane people who do not know what is good for

them. Their betterment is in the religion of Islam in
this world and in the Hereafter. If we allow them to
leave the religion, we allow them to be among the
people of Fire. This is why whoever leaves Islam is
killed as it is narrated from the Prophet in an
authentic hadith: "Whoever changes his religion, kill
him."1
So if a Muslim in an Islamic state chooses any
religion other than Islam, the death penalty is legally
incumbent upon the state:

‫ ﮟ ﮠ ﮡ ﮢ ﮣ ﮤ ﮥ ﮦ ﮧ ﮨ ﮩ‬...‫ﮋ‬
]٨٧ :‫ﮊ [املائدة‬...

"Whoever from among you turns back from his

religion (Islam), Allah will bring a people whom He
will love and they will love Him."2

1- Narrated by Imam Bukhari (6922).

2
al-Mā‟idah: 54
 Human Rights in Islam
58

Regarding the non-Muslims, they may choose

any religion they like. We do not force people to
become believers. The Prophet allowed the Jews and
Christians to remain on their religions, but he
continued inviting them to Islam. He had the
authority to order them or prohibit them, but he
never forced them. They were given the option to
remain on their religion.
So religious freedom is guaranteed, provided
the conversion is not from Islam to any other
religion, because Islam is the true religion and
Islamic law has come to protect the interests of the
people. Converting from this religion shows that the
person who does so is unwise.
Among the freedoms that are mentioned,
which Islam does not grant in and unlimited form, is
the freedom of expression. Generally, it means that
all people are free to publicly express any opinion
they have or say whatever they think without any
accountability.
 Human Rights in Islam
59

In Islamic law, this is not correct. Islamic law

does not allow anyone to say anything they want to
say. People differ in their mental capabilities, while
Islamic law has come to bring the people into the
grace of Allah, and the people are also not equal in
their understanding, so if they are allowed to spread
any doubtful thing, then it is very much possible that
a person of weak faith who is uneducated and unable
to rebut that doubtful thing from Satan, will be
misguided. When it is made public, it will surely
lead to many great evils.
During the reign of Umar, a man from the tribe
of Banu Ghunaim named Sabeegh bin Isl, came to
Madina. He had some books with him and started
asking people about the parables in the Qur‟an. The
news reached Umar, so he called him and prepared
some sticks from the branches of a date tree for him.
When he entered and sat, Umar asked him who he
was. He said: “I am the servant of Allah Sabeegh.”
Umar said: “And I am the servant of Allah Umar”
and then started beating that man with the stick until
 Human Rights in Islam
60

his head started bleeding.

The man said: “Enough O Commander of the
Faithful, I swear upon Allah that the doubts I had in
my head have gone."1
This man Sabeegh was roaming among the
people with questions regarding the parables in
Qur'an, asking what is meant by statements like: “By
those [winds] scattering [dust] dispersing” and
“Those [clouds] carrying a load [of water].” Umar
punished him for asking this kind of question and
spreading doubts among the people. Umar also sent
him into exile and ordered that he should not mingle
with the people so that they would not be affected by
his misguidance. The great aim Umar had in front of
him was the aim for which the Messengers were
sent: to bring the people into the grace of their Lord.
So if there is someone who wants to spread
whatever comes to their mind and spoil the religion

1This story was narrated by al-Aajuri in al-Sharia (p 153), Ibn

Batta in al-Ibana (p 789) and al-Lalakai in Sharh Usool I'tiqad Ahl
al-Sunnah wa al-Jama'ah (4/706).
 Human Rights in Islam
61

of the people, it is considered against the principle

for which the Messengers were sent. Our Prophet
was sent with Islam to bring the people into the
grace of their Lord and to establish the truth of Islam
through devotion to Allah, the Lord of the universe.
So if a person tries to breach this principle or
dig underneath the foundations to demolish the
edifice of faith, even by spreading doubtful things, it
becomes incumbent to stop him. Hence, Islam does
not give unlimited freedom in expressing one‟s
opinion. You may give your opinions as long as they
do not defame the Holy Qur'an, the Sunnah, and
Islamic principles.
If a person comes with ideas that defame the
religion, detract from its sanctity, or encourage
people to distance themselves from the worship of
Allah, that person‟s actions are repugnant to the
purpose of sending the Prophet, which is to bring
people into the grace of Allah.
We are unequal in our capabilities. The
majority of the people are emotional. They are not
 Human Rights in Islam
62

people of distinction who understand matters

through logic, evidence, and the judicious analysis
of benefits and harms. The majority of the people are
emotional, swayed this way and that by persuasive
speaking. Sometimes, even a judge, in cases where
there is insufficient evidence, may make a mistake if
one of the litigants is more eloquent than the other in
presenting his case, and give a verdict based on what
he hears.
The Prophet said: “You come to me with your
cases, and it is very much possible that one of you is
more eloquent than the other in presenting his case,
so if I give a verdict based on what he says and give
him what is actually the right of his brother, then I
am giving him a piece of fire, and he should not take
it.”1
Opening wide the door of freedom of opinion
may affect the peoples‟ religion, spoiling their
religious commitment, weakening their Islam, and
removing the effects of the Messenger‟s mission to

1 Narrated by Imam Bukhari (2680) and Imam Muslim (1713).

 Human Rights in Islam
63

humanity by turning the people away from being

content with the religion of Allah.
You may see now in the countries where this
door of various opinions is opened, how the people
are affected with these thoughts and how many of
them have turned their back on religion. May Allah
save us and protect us.
Many people, as I have said, are emotional and
accept what is said to them without any clarification.
They do not know the other viewpoint. It is the duty
of the scholars to explain to the people the vain talk
of every corrupt person in order to protect their
religion and to rebut the doubts that are spread, but
this not always possible. So if complete freedom of
opinion is granted, it will lead to the corruption of
people‟s beliefs and since they are not capable of
repelling the doubts that are instigated.
Hence we may say that Islamic law has come
to protect human rights regardless whether this
human is a father or child, husband or wife, caliph or
subject, judge or judged, governor or governed, ruler
 Human Rights in Islam
64

or subject, boss or servant, male or female.

It should be clear from what preceded that
Islamic law has come to protect all these rights. It
should also be clear that it has guaranteed the rights
of all people, like the rights of parents, children,
spouses, Muslims, and non-Muslims. The non-
Muslim neighbour has rights upon the Muslim
neighbour. The one who is under protection also has
rights. It is narrated from Abdullah bin Umar that he
slaughtered a sheep then asked: “Have you sent meat
as a gift to my Jewish neighbour? I have heard the
Messenger of Allah saying: „The angel Gabriel kept
on advising me on the rights of the neighbour so
much that I thought that he would give him rights to
inherit."1 This is due to the general benefit secured
for the community through honouring the rights of
the neighbour.
Islamic law has guaranteed all rights, financial
and civil, just as it has guaranteed freedoms, but

1 Narrated by Abu Dawood (5152), Tirmidhi (1943), Ahmad

(11/38), Bukhari (6014, 6015) and Muslim (2624, 2625).
 Human Rights in Islam
65

within the limits that serve the considerations of

human welfare that it seeks to uphold.
It should be kept in mind that Islamic law did
not come to serve worldly interests only; rather it
came to serve the interests of this world and the
Hereafter. So it secures the good of this life and of
the life after death.
In these brief pages, I have mentioned the crux
of the important topic of human rights. What I have
mentioned cannot address all aspects of the topic,
but it opens the door to understanding this term
which is repeated so frequently. It should be
believed that any country where Islamic law is
revered and applied, that country will be the most
protective of human rights. If the application of
Islamic law becomes weak in any country, it will be
weak in realising human rights. For this reason,
human rights are connected with the application of
Islamic law in people‟s lives. If the judicial rights,
financial rights, justice between the people, and
lawful freedoms are enjoyed by the people, it means
 Human Rights in Islam
66

that the people have taken their rights as a society

and as individuals.
It is well known that the perfect realisation of
human rights was during the time of Prophet
Muhammad and during the time of rightly guided
Caliphs who came after him. Then in each and every
country of Islam, be it the era of the Umayyads or
Abbasids, whenever the application of Islamic law
was stronger, the protection of human rights was
greater.
These have been a few brief statements
concerning a vast topic.
I ask Allah to make us among those who invite
to His religion, who show patience and perseverance
and make us among those who help His law. Make
us among those who seek knowledge and convey it.
Make us among those who defend the Sunnah of the
leader of the Messengers and who defend the law of
the Lord of the universe. Certainly Allah is the most
generous and most noble.
 Human Rights in Islam
67

I ask Allah to forgive me my sins and your

sins. O Allah! Forgive us our sins and shortcomings.
Be with us and do not be against us. O Allah!
Provide us with guidance in all matters. Make faith
as beloved to us, and beautify it in our hearts, and
make disbelief, sin and disobedience hateful to us
and make us among the guided ones. O Allah! We
ask you to make us among those who follow the
truth and uphold the faith. O Allah! Give us the
ability to do that which pleases you and avoid that
which makes you angry. You are the most generous
among those who are generous. O Allah! Give the
Muslim scholars the ability to rebut the plots of the
plotters and to support the religion. Guide them in
their words and deeds and reward them with a good
reward. Grant our rulers the ability to do that which
pleases You and make us and them to help each
other in righteousness and piety. Provide them with
pious companions who will lead them to
righteousness and encourage them towards it. Keep
them away from bad companions who advise them
to do evil and encourage them to do it. Certainly You
 Human Rights in Islam
68

are the noblest among those who are noble and the
most generous among the generous.
May Allah send His peace and blessings upon
the trustworthy Prophet and upon his family and
companions.