Human Rights In Islam | حقوق الإنسان في الإسلام

Human Rights In Islam

Human rights are the most controversial issue of the last century. It has become an increasing topic and continues to be in the new century. It is possible to talk about human rights wherever there is a person. because every subject can be included in human rights by associating it with human rights in some way. It can be said that human history is a history of human rights. History throughout, people violate each other's rights individually and collectively.

Definition of Right and Freedom

The right is defined as the interest recognized by law. Freedom is to be able to do things that will not harm others in Western law. In Islamic law, things that will not harm one's self and anyone else is freedom. Because man is not the owner of his own body. The material and spiritual existence of man has been given to him by Allah as a trust. In this respect, it is forbidden to commit suicide or otherwise harms body integrity.

Although the concepts of rights and freedom are generally used in similar meanings and interchangeably, there are also important differences between them. For example, freedom is one's innate, by God are the values ​​given to it. Right is the freedoms recognized by the legal system? According to this, states are included in the laws freedoms are accepted as rights.

Concept of Human Rights and Freedom in Islam

The concept of human rights in Islam is considered with the principles of equality and justice. Muslim-non-Muslim in the recognition of human rights, rich-poor, âmir-civil servant everyone is equal. Life, property, honor, reason, and religion In terms of protection, the principle of equality among people have been adopted. Everyone's lives, goods, honor, religion, and minds in the Islamic country are under protection. The principle of justice is applied taking into account the driving license and merit. In the assignment of people, the principle of justice is not based on equality, and the worthy are assigned. Your relics in the Quran

"According to justice in giving the people namely public officials action is ordered"  

(Surah Nisa, Ayat: 58)

Similarly, people's labor in the provision of justice, justice is taken and justice is given to everyone.

The concepts of rights and freedom are also linked to the concept of duty. Because what is right and freedom for us is often for others to constitute a task. For example, the child's rights are a task is; a woman's right is a duty for her husband, citizen's right state is a mission for. For this reason, in the famous hadith, duty instead of rights and responsibilities are emphasized:

“You are all shepherd and all of you under your command you are responsible. The husband is the shepherd of his family and is responsible for them. She is the shepherd of the women's house and her children and is responsible for them. The statesman is also the shepherd of people and Is responsible. "

History of Human Rights in the West

Concepts such as human rights and the rule of law in Western legal systems have emerged. Europeans have fought for centuries, from slavery to the current human rights level. The concepts of "freedom, equality and justice", which are the slogan of the French Revolution of 1789, show that he struggled for human rights at the expense of his life.

The development process of human rights in the West has been quite troublesome. Western countries have a universal understanding of human rights. however, it was able to reach the second half of the 20th century. Although various declarations on human rights have been accepted in Western countries such as France, England, Germany, and the United States, they have come to power from time to time. repressive governments did not hesitate to violate rights and freedoms. The most important problem that Westerners face in terms of human rights, acceptance of the rights and freedoms that oppressive administrations cannot eliminate has been to be. Of dictators such as Hitler, Mussolini, Lenin, and Stalin.

The laws they prepared have undermined the rights and freedoms. Upon this, the rule of law was adopted especially in Germany and It is started to be emphasized that the laws should be following equality, justice, and human rights. According to the rule of law, equality, justice, the existence of fundamental legal principles such as human rights, immutability, and non-violation is essential. No matter which management comes to power, these principles must comply. Equality, justice, rule of law in the West's human rights adventure There are different opinions on the source of the basic principles of law. Some philosophers find the source of the law as vague as a social contract. they tried to base them with the concept, but on such an imaginary basis It was not possible to establish a legal system that would sustain society. Materialist views such as positivism and Marxism cannot be changed, they do not accept the existence of fixed fundamental principles of law, and they argue that economic conditions determine.

Theory approaching the law understanding of Islam in the West, natural law view It has been. Of course, according to the opinion of the law, there is an unchanging and ideal rule of law that people strive to achieve. Of course the theory of law

Burlamaqui, of course, for all people with the concept of law That the general rules set by Allah mean that people say they will discover the law with their minds. West as seen a very weak spiritualist with the dominant materialist side of his philosophy the struggle between the two sides of the law is immutable and ideal rules do not allow it to be connected.

Human Rights Declaration

First human rights text in European history Magna dated 1215 Cartaya is. With this document, Pope III. Innocent, King John and the barons were shared between them, meanwhile, Some minor rights have been granted. After centuries passed in 1774 American colonies' struggle for independence against England in the Virginia Bill of Rights, concluded with success

Human rights in the world have been declared. With the influence of the American struggle for independence, the 1789 French Revolution took place and in France, Citizenship Rights Announcement has been announced. The adoption of human rights in Western countries until the Second World War, as described above, is within the limits of each state It remained. States saw human rights as their own internal issues and they saw human rights as a gift they gave to their citizens.

The fact that regimes that pose a threat to humanity, such as Nazism and Fascism, did not come to power in European countries. death, the genocide of some nations such as Jews and Gypsies human rights must be considered as a worldwide issue It has made. For this, the United The Organization of Nations adopted the Universal Declaration of Human Rights in 1948. This declaration is accepted in almost every country today. is like a summary of human rights and freedoms. Consists of thirty items The declaration included fundamental rights and freedoms. Turkey's Human. It approved its Declaration of Rights on 6 April 1949.

Human Rights in Islam

One of the features of Islamic human rights is time, place and person is universal in terms of. This feature stems from the universality of the Islamic religion. Islam is the religion of all people, the Quran the holy book of all people, Prophet Muhammad ﷺ, also said that all people It is a prophet. Therefore, human rights and freedoms based on the religion of Islam are universal rights and freedoms that appeal to all people.

When used broadly in Islamic literature, the concept of Islam, it covers all divine religions. In this sense, Prophet Divine judgments brought by all the prophets until the Prophet Muhammad ﷺ, Islam is considered a religion. Throughout human history, divine religions represented the times when law and justice prevailed until it broke down. If we look at the concept of human rights in Islam from this perspective, divine in the area of ​​human rights and freedoms when religions are not destroyed positive developments were experienced. In contrast, divine religions were removed Human rights and freedoms have been seriously wounded in periods. The person who has appeared in the West in the last few centuries the concept of the rights in the Islamic world is different. Concepts related to human rights in the Islamic world, freedom, servant right, justice, it is egotism, persecution, necessity, etc. Apart from that, people in the Islamic world their rights and freedoms are considered as particular, they should be protected It is stated in the basic texts. Women's rights, children's rights, slave rights, The rights of the poor, and the rights of non-Muslims are some of them.

According to Hanafis, people have rights and freedoms just because they are human. “İsmet is decentralized”, it means this. The Shafi is base their human rights on faith and faith. "Ismet with faith and belief. ” göstermektedir. (Recep Şentürk, “Human Rights in Different World Civilizations”, to the Quran and Sunnah According to Basic Human Rights, Istanbul 2014, p. 25.) 

The principle of acquittal is closely related to human rights. To this principle According to freedom, the principal is the restriction exception: “The main thing in the article is Abacha.”

Unless appropriate restrictions are imposed, people are it is considered to have freedoms. In the Islamic world, institutions protecting human rights such as atrocities, divan-i justice, and Divan-ı Hümayun were also developed. One of the main duties of these institutions, which are called with different names in Islamic states, is it is the prevention of human rights violations and the punishment of their perpetrators.

Concepts such as human rights and the rule of law in Islamic countries its emergence were different from Western countries. Human rights and law concepts of the state did not emerge in Islamic countries as a result of a struggle process like in the West. Freedom, equality, the essence of human rights, and the principles of justice are in scriptures since the beginning of Islam. it was included as unchangeable rules. Westerners accepted the unchanging rules about human rights with the emergence of constitutions in the 19th century.

In Islam, the basic principles and regulations of the law are fixed by the Qur'an and sunnah, and there is no room for discussion on this issue. practically The disadvantages experienced were being bullied practices against Islamic laws. could not go beyond. In this respect, basic law such as freedom, equality, and justice

The diamond principles that we have about the principles are the glass that the western countries shine from time to time, particles should be preferred. The source of human rights is divine in Islam. God, as a caliph, who has the right to intervene in existence and act with justice on earth It has created. "Behold, the Lord said to the angels," I will create a caliph on earth. " (Surah Al-Bakara, Ayat: 30)

. To the person created as the caliph of Allah on earth,

The names of things were taught by Allah; Thus, it has been equipped with the necessary equipment for the human caliphate. (Surah Al-Bakara, Ayat: 31)

Human rights and freedoms, these equipment bestowed on him, are located in teaching the names of things to people, at the same time, their rights and It means having freedoms. Of Allah on man's earth and its creation as a caliph is another dimension of rights and freedoms. expresses the duties of man. As the caliph of Allah on earth the created person is tasked with judging justice and giving his rights to other beings. The heavy burden placed on man's shoulder, from lifting the mountains 

It is a relic.

The person who takes the rights and freedoms he owns from his Creator was created most superbly in terms of its substance6

Literally, the necessary skills were offered.7

The divine origin of human rights leads to the conclusion that they cannot be abolished or changed by human beings. No matter which state prevails on earth, which legal system If applied, human beings, these rights and freedoms from creation will continue to have. States or people have this right and not implementing freedoms does not prevent their existence. because of these rights and freedoms in the Qur'an, the declaration of the Supreme Creator. It was irrevocably included in the words of the Prophet Muhammad ﷺ.

In the Qur'an, Human rights in the sunnah of the Prophet Its expression as a law item differs according to the level of civilization reached by man. For example, God is free Although he created, people were enslaved in the past periods. Although the states established in the past, even if it was an Islamic state, slavery was a requirement of that period. they accepted. In our time, following the spirit of the Divine Declaration The fact that slavery does not conform to the human fitra is now understood and states In their laws, they have abolished regulations regarding slavery.

Farewell Sermon

The first text on human rights in world history is the Farewell sermon. Shortly before the death of our Prophet Muhammad ﷺ

He made the Farewell sermon to about a hundred thousand people in Mecca. in Europe The first human rights text announced was Manga Carta dated 1215. Farewell, There are 593 years between the sermon and the Manga Carta. Our subject The United Nations Declaration of Human Rights is from 1948 and Farewell It was accepted 1316 years after its sermon.

In the farewell sermon, rights and freedoms are expressed in a way that includes people, family, society, and all humanity. Living these rights right, property rights and protection of family right in the Farewell sermon. It is expressed in a way: 

“People! How are your days holy If it is a day, this is how your month is a holy month, this is your city (Mecca) Just as it is a holy city, your souls, your goods, your honor it is destined, protected from all kinds of rape. ”

Women and children were the most victimized in the reign of Ignorance. At that time, the woman was a recreational vehicle of no value. The polytheists gave birth to the girls born because they saw the woman as an occasion of shame. they buried alive in the ground. In the farewell sermon, the woman has rights and freedoms, the duties of women and men in the best way

Edited:

"People! I recommend you to respect the rights of women and to fear God in this regard. You women, Allah you received it as a trust; Allah their honor and chastity You promised halal on behalf of. You have a right over women and they have a right over you. Your woman your right to have their family home that you don't like is that they do not violate anyone. If they put anyone in your family home that you do not agree with, you can check them out. Women's rights over you, legitimately, every to meet all kinds of food and clothing needs. ” 

The Farewell Sermon is a human rights document as a generous human rights document. It also regulated the rights to include humanity. According to the religion of Islam, All people are equal regardless of religion, language, race, color, gender. Claiming superiority due to religion, language, race, color, and gender. It is completely against Islam:

“O, people! “Your Lord is one. Your father is also one. All of you Adam you are children and Adam is of earth. As the Arab has no superiority over the non-Arab and the non-Arab over the Arab; red-skinned black Black has no advantage over red skin. Superiority but in fear, he is afraid of Allah. Besides Allah, your most precious is your most fearful of Him. ”

Comparison of Farewell Sermon and Human Rights Statement

Although both texts are about human rights in terms of subject, they differ from the source. Farewell Sermon comes from a divine source and it is declared by our Lord, Sallallahu wa Sallam. The Declaration of Human Rights is a human rights text originating from humanities. After the Second World War, the United Nations brought together the past experience and experience in human rights, bringing Human Rights together. He prepared his declaration.

The rights in the Farewell Sermon are both legal and religious. are the rights. These rights are a rule of law in terms of Islamic law, as well as a rule of religion in terms of the Islamic religion. So according to Islam violating a human right is both a crime and a sin. For example, torturing a woman is both a crime and a sin. In western law, Human rights violations are crimes, but not sin. Human rights in Islamic law have been universal since the beginning. In the farewell sermon, our Lord, Sallallahu people were addressed, and "O People!" he started his words.

"O People!" begins and interlocus all humanity gets. In the West, human rights emerge within the boundaries of each country. but it has become a place to enclose all people with the Human Rights Declaration. Determination by verses and hadiths during the time of the Prophet Muhammad It was Human rights accepted in the countries of the world today It was discovered by the religion of Islam fourteen centuries ago to Muslims

Human rights in the falling verses and hadiths have been to apply according to the level of civilization. In the West, human rights can become today, through very painful periods. It has been. In the West, human rights were not accepted as they were from the beginning, as in the Islamic world. (Magna of 1215)

Some rights were granted to people in Carta, then in the 18th century. Basic people in countries like England, the United States, and France's rights texts have been accepted. and its adoption with the United Nations Declaration of Human Rights of 1948

It has been. An important link between Farewell Sermon and Human Rights Statement the difference has also been in practice. Human rights in the Islamic world There were difficulties in the implementation, not recognition. Because human Since his rights were accepted by verses and hadiths from the beginning of Islam, he prepared declarations as in the West and re-accepted. need not be done. However, in the implementation of these rights, the West Although not as much as in their countries, there were difficulties. Since human beings are Ibnuzzaman, Muslims have also used their will to comply with the civilization reforms of their time. For example, Islam

Similar to the culture of democracy, it brought a libertarian style of administration, while monarchic, following the other countries of the world during the Umayyad period. management was initiated. Problems in other rights and freedoms in the framework of the conditions of the time, although not as much as the crises experienced by Western countries.

It is experienced. In Western countries, in the acceptance of both human rights There were also difficulties in its implementation. Because basic texts such as verses and hadiths in the Islamic world with human rights in the West did not have. Right to life, freedom of religion, and conscience in Western countries.

They acquired even their most basic rights with their nails, step by step. Westerners reaching today's human rights level 1215. It has lasted eight centuries to date from Magna Carta. While the concept of justice stands out in the Islamic world, human rights in the West The spread of the concept is interesting. The reason for this is in the Islamic world is that there are difficulties in the implementation of human rights, not in acceptance. Therefore, citizens in Islamic countries are not human rights anyway.

They demanded that the existing human rights be enforced fairly. To this end, Islamic scholars refer the administrators to a fair administration. They wrote Political Statements and Prophecies. In the West, the right and because there is a problem in the acceptance of freedoms they requested. The birth and development of human rights in the Islamic world and the West European countries' Islamic countries directly or indirectly, although they are completely different.