Human Rights in Islam

Human_Rights_In_Islam
HUMAN RIGHTS IN
ISLAM

By: Dr MOHAMMAD HAMAD KHODER




TABLE OF CONTENTS

THE BROTHERHOOD OF MAN ....................................................................................................... 2
THE EQUALITY OF MAN ............................................................................................................... 3
THE RIGHT TO LIFE ..................................................................................................................... 5
THE RIGHT OF FREEDOM ............................................................................................................. 6
THE RIGHT OF PERSONAL LIBERTY ............................................................................................. 6
THE RIGHT TO FREEDOM OF OPINION ........................................................................................ 8
THE RIGHT TO WORK .................................................................................................................. 9
CIVIL RIGHTS ........................................................................................................................... 11
THE RIGHT OF POLITICAL FREEDOM ......................................................................................... 12
THE RIGHT OF EMIGRATION AND REFUGE ................................................................................ 14
THE RIGHT OF DIGNITY ............................................................................................................ 14
THE RIGHT TO JUSTICE ............................................................................................................. 16
PROPERTY RIGHTS ................................................................................................................... 17
THE RIGHT TO SOCIAL WELFARE .............................................................................................. 18
THE RIGHT TO MARRIAGE ......................................................................................................... 19
THE RIGHTS OF MEN AND WOMEN IN ISLAM ............................................................................ 20
FAMILY RIGHTS ........................................................................................................................ 22
THE RIGHT OF LEARNING AND EDUCATION .............................................................................. 22
THE RIGHTS AND DUTIES OF PEOPLE ....................................................................................... 24


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



HUMAN STATUS IN THE QUR'AN

The Qur‟an describes man as a dignified, privileged being, endowed with faculties and powers which enable him to
undertake the role of God‟s vicegerent on earth. Man is the dignified creature to whom God ordered his angels to
prostrate in adoration. This fact is enshrined in the following Qur'anic verse:
“Your Lord said unto the angels, „Lo I am creating a mortal out of potter‟s clay, of black mud altered. So
when I have made him and have breathed into him of my spirit, you must fall down in prostration before
him.” (Surah Al-Baqarah 2:30)

God granted man enough knowledge to excel the noble angels as is revealed in Qur‟an:

“And He taught Adam all the names, then showed them to the angels saying, „Inform Me of the names of
these, if you are truthful! They said, „Be glorified. We only know what You have taught us. Verily you are
the Knower, the Wise. He said, „O Adam! Inform them of their names. And when he had informed them of
their names. He (Allah) said, „Did I not tell you that I know the secrets of the heavens and the earth? And
I know that which you disclose and that which you hide” (Surah Al-Baqarah 2:31)

In addition to endowing man with an intellect with which he could acquire knowledge of all the things around him or
learn from divine revelation, Allah has made products of the earth readily available to man for his sustenance. The
following are only a few of the many Qur'anic verses which point to this fact:

“Verily, We1 have honoured the children of Adam. We carry them on land on the sea, and made
provisions of the good things for them, and have preferred them above many of those whom We have
created with a marked preference. (Surah Bani Israel 17:70)

Moreover; God put the entire universe in the service of man as is evident from the following Qur'anic verse:
“And (He) has made of service for you whatsoever is in the heavens and whatsoever is on the earth; it
is all from Him, Lo! Herein are portents for people who reflect” (Surah Al-Jathiyah 45:13)

God had not left man to grope in darkness, but chose messengers to communicate His divine revelations to mankind
and thus show them the right way, render their lives happy, and enable them to return to paradise and prosperity.
Allah states in the Qur‟an:
“We said, „Go down, all of you from hence; but verily there will come unto you from Me guidance and
whoever follows My guidance, there shall no fear come upon them neither shall they grieve.
(Surah Al-Baqara 2:38)

This is the story of man in the Qur‟an. He has been bestowed with dignity and given a unique position in this life and
in the hereafter. The secret of man‟s unique position is his gift of intelligence, knowledge and reason. In return for
these gifts, man has been charged with duties for which he has to account. If we judge by human standards where
we usually question people of rank only, it could be argued that accountability is a further sign of the honour
bestowed by God upon man. Man is held accountable for his actions because he has been endowed with the faculties
that enable him to distinguish between right and wrong and make moral choices. This fact is expressed in the Qur‟an
as follows:
“Whoso does right it is for his soul, and whoso does wrong it is against it; and your Lord is not at all a
tyrant to His slaves.” (Surah Sajdah 41:46)


THE BROTHERHOOD OF MAN

By preaching the unity of human origin and emphasizing that people are all the descendant of Adam and Eve, Islam
has provided humanity with a strong basis for brotherhood and solidarity.

The multiplicity of individuals, nations and tribes should invite man to become acquainted with his fellow man and to
cooperate with him in harmony rather than to be the cause of mutual hostility, dissension and animosity. The
essential concept can be found in the following Qur'anic verse:
“We have created you all from a single (pair) of a male and female and made you nations and tribes that
you may know one another.” (Surah Al-Hujarat 49:13)

Since people have the same origin and the same parents, there should be no reason for boasting, arrogance, racial
superiority and oppression since righteousness is the only real attribute which a person should feel proud of. Prophet

1 Note that the "We" here in reference to God does not mean plurality, but is the "Royal We" used to indicate Majesty & Highness.
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Muhammad (pbuh) was reported to have said. “O people! (God says) We have created you from male and female
and We have made you into families and tribes that you may recognize one another. Your God is one and your father
is one. All of you belong to Adam. And Adam was created from dust. Those who fear God most, are the most noble.
An Arab has no superiority over a non-Arab, or a non-Arab over an Arab, or a black person over a white, or a white
over a black person except by being more righteous. [Reported by Ibn Sa”d from Abu Hurairah, and collected by Ibn
Asakir].

Based on the unity of man‟s origin, no one should claim that a person is born distinguish vis-à-vis others. All people
are born equal and are all granted the faculties of intelligence and reason that enable each person to excel in the
field which suits his natural capabilities. The Qur‟an says:
“And God brought you forth from the wombs of your mother knowing nothing and gave you hearing,
sight and hearts that hopefully you might give thanks.” (Surah An-Nahal 16:78)

Every person has been endowed with Al-Fitrah: the pure nature that constitute his conscience and religious restraint
and thus helps him distinguish between good and evil. God says:

“And We guided him to the parting of the mountain ways.” (Surah Al-Balad 90:10)

And Prophet Muhammad (pbuh) said, “Every child is born having the same natural disposition (Fitrah). But his
parents make him Christian, Jews or Magian” [Sahih Al Bukhari]


THE EQUALITY OF MAN

Based on the principle of human brotherhood mentioned in the previous chapter, Islam defined the relationship
between man and his brethren according to the principles of equality, and justice and according to Islam. Piety and
righteousness are the only real criteria for nobility. But this does not give the person who possesses these qualities
any special privileges; it only makes him more respected by other members of society. The Prophet Muhammad
(pbuh) said, “People are all equal like teeth of a comb” (Al-Bukhari)

Throughout the ages people have institutionalized racism arguing that some races are superior to others. Jews have
from ancient times considered themselves better than non-Jews or Goyem, as they call them. In more recent times
European deemed themselves superior to non-European as a justification for their colonization and destruction of
Non-European civilizations. Only forty years ago, German under Hitler believed themselves to be nobler than other
Europeans. To this day the legal system of South Africa enforces the superiority of whites over blacks however, Islam
takes people back to their common origin. It is explicitly stated in the Qur‟an:

“O Mankind! Be careful of your duty to your Lord, who created you from a single soul.”
(Surah An-Nisa 4:1)

Racial fanaticism has become wide spread in the form of nationalism. Islam gives no advantage to any race over any
other race because it was revealed to the whole world and not to the Arabs alone. God address his Prophet in the
Qur‟an saying:

Say (O Muhammad): „O Mankind! Lo! I am the messenger of God to you all.” (Surah al-A‟raf 7:158)

The fact that the Qur‟an was revealed in Arabic initially, applied in the Arabian Peninsula, and eventually propagated
to the rest of the world by Arab Muslims does not give Arabs any advantage over others. In the Prophet‟s farewell
address during his last pilgrimage he removed any basis for feelings of Arab superiority by clearly stating: “No Arab
is superior to a non-Arab, nor a non-Arab superior to a Arab, except by having a greater degree of God
consciousness”. The Prophet (pbuh) made the following statement about a Persian companion of his called Salman
Al-Farisi, “Salman is one of my family”[By Ahmed Ibn Hanbal]. The Prophet (pbuh) also chose Ethiopian, Bilal Al-
Habashi, to be the main responsible for calling Muslims to prayer. The Prophet (pbuh) used to get angry with people
who insinuated racial superiority, who despised non-Arab Muslim or showed inhospitality towards immigrants.

Qais ibn Motatia once came to a circle of people and saw Salman Al-Farisi, Suhaib Ar-Rumi and Bilal Al-Habashi
among them. He said, “One can understand why the Aws and Khazraj (tribes) have supported the Prophet, but what
about these?” (Meaning the three companions of the Prophet who were not Arabs). Outraged by this blatant
insinuation Mu‟adh Ibn Jabal caught Qais by the collar of his cloak, brought him to the Prophet (pbuh) and told the
Prophet (pbuh) what Qais had said. The Prophet (pbuh) immediately went to the mosque and announced to his
followers: “O people! All of us belong to one God, one father and one religion. Arabic is only language, and he who
speaks Arabic is an Arab”.

The Prophet (pbuh) included all Muslims within the Islamic brotherhood and made it possible for any race or
nationality to be included within the domain of Islam. He did this to make people understand that the greatness of
Arabic lies in it being the language of the Qur‟an. Allah makes the following statement in the Qur‟an:

“Lo! We have revealed it, as a discourse in Arabic that you may understand.” (Surah Yousuf 12:2)

This means that the honour of the Arab in their having undertaken the initial responsibility of spreading Islam to all
peoples. God said:

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“And Lo! It is in truth a reminder for you and for your people, and you will be questioned.”
(Surah Al-Zukhruf 43:44)

In Islam, the relationship between Arabs and non-Arabs is based upon piety and religious devotion. It has been
reported that when the Muslim Arab noblemen, Abu Sufyan Ibn Hard and Bilal Al-Habashi, a former slave, once went
to meet „Umar Ibn Al-Khattab, the second Caliph, „Umar insisted that Bilal enter the room first due to his early
contribution to the Islamic cause.

Islam does not make distinctions between people based upon difference in colour, but considers the difference in
people‟s colours similar to the difference in the colours of flowers. These differences of colour and language are signs
of God‟s creativity as Allah tell us in the Qur‟an:
“And of His signs are the creation of the heavens and the earth and the difference of your language and
colours. (Surah Al-Rum 30:22)

In pre-Islamic times, Arabs oppressed the blacks and attempted to deprive them of their rights, even if they
happened to be distinguished and intelligent as in the case of „Antar ibn Shaddad Al-Absi (a black poet). However,
the Prophet (pbuh), due to his perfect understanding of the nature beings, disliked this type of attitude and
encouraged equality among men. One day a heated discussion arose between Abu Dharr Al-Ghifari2 and a former
black slave. Abu Dharr said to the slave, O son of a black woman. The Prophet (pbuh) was highly irritated by his
remark and said to Abu Dharr, “how dare you revile him because of his mother‟s colour?” You still have traces of pre-
Islamic attitudes”. Then the Prophet (pbuh) said, “You have gone too far". A white woman‟s son has no superiority
over black woman‟s son except due to greater piety and righteousness”. Upon hearing this, Abu Dharr put his face on
the ground and said to the slave, “Come and step over face.”[Collected by Bukhari, Muslim and Abu Dawud].

With such wise and clear-cut instructions, the Prophet (pbuh) succeeded in eliminating all traces of discrimination
among his companions. It is reported that „Amar ibn al-„As once sent a delegation to Mocucus (King of Egypt) headed
by „Ubadah ibn Samit, who was exceptionally black in colour3. Mococus was enraged at having to negotiate with a
black man and demanded that the delegation name another leader, but the members of the delegation refused,
saying. “Ubadah is our leader and the best of us in knowledge and judgment.” As a result Mococus was obliged to
address „Ubadah ibn Samit but begged him to speak gently to him.

Similarly, in terms of social treatment, Islam does not condone discrimination because of religious differences. All
people are respected and treated with dignity regardless of their beliefs. The following example clearly demonstrate
the Prophet‟s attitude towards people of a different religion. A funeral procession once passed by the Prophet (pbuh)
and he stood up as a sign of respect. The people around said to him. “It is the funeral of a Jew.” He said. “Doesn‟t a
Jew have a soul?”(Sahih Al Bukhari)

Within the religion of Islam. A Muslim and a Jew, sue each other before a Muslim judge is required to exercise
complete impartiality towards both. His religion should not prejudice him for or against either of them. A cogent
example of this fact occurred during the caliphate of „Umar ibn Al-Khattab. A Jew raised a case against „Ali ibn Abu
Talib, the cousin and son-in-law of the Prophet (pbuh). When they came to court, „Umar addressed „Ali by his pet
name, Abu Al-Hasan4, and addressed the Jew only by his first name. „Ali showed signs of displeasure and
dissatisfaction which „Umar thought betrayed „Ali‟s dislike of standing on an equal footing in a court of justice with a
Jew. When Caliph „Umar, asked him the reason for his anger, „Ali, one of the noted companions (and later the fourth
caliph), got angry because of „Umar‟s unintended discrimination against the Jews.

Islam also established for the first time courts where two people of different social positions: powerful or powerless,
rich or poor, noble or commoner, governor or subject, believer or non-believer could sue each other. The principle of
equality forms the cornerstones of justice in Islam.

Once a woman called Fatimah bint Al-Aswad Makhzumiah was accused of theft and was presented before the Propjet
(pbuh) to be punished. When Usamah ibn Zaid5 attempted to intercede on her behalf, the Prophet (pbuh) stopped
him from doing so by saying, “Do you try to mediate in the ordinance of God?” Then the Prophet (pbuh) delivered a
statement in which he said, “some of your predecessor were destroyed because they freed the noblemen among
them who stole, and punished the powerless commoners. By God if Fatimah bint Muhammad (his own daughter)
stole, I would have cut her hand off” (Sahih Al Bukhari and Muslim). The same type of sentiment was also expressed
by the Righteous Caliphs. „Umar ibn al-Khattab once said to the people, “O people, By God, no body among you is
more powerful than the least powerful person until I give him rights which he deserves to have over others, and
nobody is less powerful than the most powerful person till I take from him rights which other people deserve.

When Abu Musa Al-Ash‟ari was appointed governor, Caliph „Umar wrote a letter to him in which he said, „Treat the
people equally in every statement or gesture that you may make so that a noble man may not be tempted by your
injustice nor an oppressed man despair of yours Justice”. „Umar also instructed the caliph who was to succeed him in
the following manner: “Let all people be treated equally. Do not be afraid of applying the law against any person in

2 Abu Dharr Ah-Ghifari (d. 31 AH/652) an early companion of the Prophet was well-known for his asceticism, deep religious knowledge, and narration of the
sayings of the Prophet. Died 31AH.
3 Amr ibn Al-As was a companion of the Prophet. As a Muslim General he annexed Egypt to the Muslim state under the Caliph ‘Umar ibn Khat ab’. Appointed as
governor of Egypt by Umar, he remained in that position for several years until he was removed during the Caliphate of ‘Uthman.
4 Al-Hasan means father of Hasan. To address a man in this way is a mark of respect among Arab Muslims to this day.
5 Usamah ibn Zaid (d. 58 A.H. / 660 C.E.) was one of the nearest and most intimate companions of the Prophet. In spite of him being a teenager, he was sent by
the Prophet immediately before his death to lead a major military campaign to Syria.
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order that God‟s will may be carried out. Beware of showing preference and partiality in what God has appointed for
you”.

Even though different political trends may exist in an Islamic state, the head of the state should apply the laws of
God justly to both his supporters and his opponents.

Allah states in the Qur‟an:
“Let not hatred of any people seduce you that you deal not justly. Deal justly that is nearer to your duty.
Observe your duty to God. Lo! Allah is informed of what you do” (Surah al-Ma‟idah 5:8)

The origin of the concept of citizenship, whereby each person in particular country is entitled to certain rights is
found in the religion of Islam. In Islam, all people are considered equal irrespective of faith, language, race, belief
and so on. Thus, to establish equality among all of humanity, Islam does not allow differences in religion, social,
origin, language, race or belief to infringe on man‟s basic human rights, nor does Islam give to the original
inhabitants of a city any special privileges over new comers. Makkah, for instance, was the original home of God‟s
Messenger (pbuh) and the Muhajirin (Makkan Muslim emigrants who accompanied the prophet (pbuh) to Madinah),
but the Makkan pagans persecuted the Prophet (pbuh) and the Muhajirin, and forced them to leave their homes.
However, when the Prophet (pbuh) and his companions went to Madinah, they found (thanks to the spirit of Islam) a
new home, loving Muslim people who welcomed them and many new supporters. Thus, Islam considers a man‟s
home as the place where he is able to freely practice his religion under Islamic rule, and that place is not always the
place where he was born.

One after a campaign against the Mustalaq tribe, an ambitious enemy of Islam called „Abdullah ibn Ubayy sought to
cause confusion in Madinah by using the fact that the Prophet (pbuh) and his Makkans companions were strangers to
the city and the people of Madinah were supporting and sheltering them. He said that if the people of Madinah had
not supported the Prophet (pbuh) and the Muhajirin, then would have been forced to ho elsewhere. The implication
behind this argument being that the native Madinian was greater and nobler than the emigrants to Madinah even
though they shared the same religion and language. But, Allah, who has the final word spoke concerning those who
discourage people from spending in Allah‟s cause in the following manner: “they (i.e. the hypocrites) say, „Spend
not on behalf of those (who dwell) with God‟s messenger that they may disperse *and leave Madinah)‟,
When to God belong the treasures of the heaven and the earth but the hypocrites comprehend not.”
(Surah Al-Munafiqun 63:7)

Nor should matters of wealth and poverty influence the course of justice in Islam. The Qur‟an says:
“Whether (the case of be of) a rich man or a poor man, God is nearer unto both (than you are). So follow
not emotion lest you lapse from (the truth)” (Surah an-Nisa 4:135)

In Islam, people are not measured by their outward appearances for things, are not always as they seem to be. This
fact is clearly illustrated in the following Hadith. One day when a prosperous man passed by the Prophet (pbuh), the
Prophet (pbuh) said to one of his companions, “what do you think of this man?‟ The companion said, “he is a noble
man. If he is suitor. He is worthy of marriage: If he mediates, he is worthy of mediating and if he speaks, he
deserves to be listened to”. Then another man (God fearing one) passed by and the Prophet (pbuh) said to his
companion, “this one (i.e. the poor one) has more people like the other one.” (Al Bukhari)

This has been but a glimpse of a few of the conditions which contribute to ma‟s peaceful co-existence; conditions
which are necessary to ensure that important social concepts such as justice and equality are actualized in society.


THE RIGHT TO LIFE

The right to life is considered a basic Islamic principle by virtue of the fact that life is a divine gift which we are
meant to preserve, enjoy and live out. For this reason, regulations have been laid down in Islam to protect this right
from a man‟s birth until his death, the time of which is known only by Allah.

Since God created man for the specific purpose of worshipping Him, he should not commit suicide nor expose himself
to needles danger. If he does so, he becomes deserving of God‟s rejection and the rejection of Islamic society. Life is
not man‟s personal property which he can dispose of as he wishes. The Qur‟an says:
“Nor kill (or destroy) yourselves; for verily, God has been most merciful to you.” (Surah an-Nisa 4:29)
“For that reason we decreed for the children of Israel that whosoever kills a human being for other than
reasons of man-slaughter or corruption in the earth, it shall be as if he had killed all mankind, and
whosoever saves the life of one, it shall be as if he had saved the life of all mankind.”
(Surah Al-Maidah 5:32)

The death penalty was legislated in Islam mainly to defend this sacred right. Allah says in the Qur‟an concerning this
point:

“And there is life for you in retaliation, O men of understanding, that you may ward off (evil)”.
(Surah Al-Baqarah 2:179)

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THE RIGHT OF FREEDOM

Freedom is the golden framework within which man soars to the noble horizon of his humanity. It is also one of the
primary factors which distinguishes him from the rest of creation. The gateway of choice and differentiation has been
opened for him as a result of his God given mind and will-power. As God‟s vicegerent on earth man is the master of
the universe and all of the creation has bee made subservient to him so that man might utilize it for his service and
sustenance. This is precious gift which man should not willingly give up to any tyrant. In Islam monotheism (Tawhid)
means servitude to God alone are requires that man should free himself from bondage to other than God. This is the
essence of the Islamic faith. The brow that bows in adoration to God should not bow down to men. That is why „Umar
ibn Al-Khattab, the second caliph, resented the haughtiness of the son of his governor, „Amr ibn al-„As. „Umar
reprimanded him saying, “why do you enslave people whose mothers have given birth to them as free beings?”6 For
the very same reason Prophet Moses responded to Pharaoh‟s oppression of the Jews, with the following statement
which is quoted from Qur‟an:
“And this is the past favor wherewith you reproach me! That you have enslaved the Children of Israel.”
(Surah Al-Shu‟ara 26:22)

This notion of liberty, in fact, has always been a cause for Muslims to campaign against aggression and the
subjugation of the helpless. Allah instruct us in the following manner in Qur‟an:

“And why should you not fight in the cause of God and of those who being weak, are ill-treated and
oppressed? Men, women and children, whose cry is, „Our Lord, rescue us from this town whose people
are oppressors, and rise for us from you one who will protect and help (us)!” (Surah Al-Nisa 4:75)

For this reason, Islam encourages the oppressed to migrated from their country of origin, where they may have had
established homes and business, to another country where Muslims can practice their religion and live a dignified life
of religious freedom and liberty. If the oppressed Muslims does not emigrate, and he is able to do so, he deserves to
be punished, as is illustrated amply by the following Qur‟anic verse:
“When the angels take the soul of those who died in sin against their souls, they say: „In what (plight)
were you?‟ They reply: „Weak and oppressed in earth‟. They say, „Was not Allah‟s earth spacious enough
for you to move yourselves away (from evil)?‟ Such men will find their abode in hell. What an evil refuge!
Except those who are (really) weak and oppressed; men, women and children who have no mean in their
power, nor a (guide-post) to direct their way”. (Surah an-Nisa 4:97-98)

The endeavor of Prophet Moses to save a destitute people from dishonor and abasement at Pharaoh‟s hands further
demonstrates that freedom is a sacred possession. Allah makes the following statements concerning Pharaoh‟s
oppression of the Israelites:

“And we desired to show favour unto those who were oppressed in the earth in order to make them
leaders and heirs firmly established in the land to show Pharaoh, Haman and their host that which they
feared from them”. (Surah Al-Qasas 28:5-6)

Islam enjoins people to enjoy and safeguard freedom. Unfortunately, in modern times, the concept of freedom has
become confused with debased and inferior notions about freedom. It has come to be associated with anarchic
disorderliness and immorality in values. It has become synonymous with the pursuit of one‟s passions and desire and
escape from all human social restrictions. Those who advocate this kind of a chaotic thought have no reservations
about violating the liberty and rights of others. Freedom, however, does not mean that a person should do whatever
he or she likes, rather, it means that one has the opportunity to fulfill the divine purpose behind man‟s creation. In
fact, man‟s realization of his responsibility to God is the first step toward his ultimate freedom, because freedom has
social implications which can only be realized in a social where individuals actively work for the welfare of society.
Hence, freedom must be kept within bounds wherein individual freedoms do not clash with eth freedom and rights of
others. However, all restrictions to individual liberty must be justified by the universal principles of freedom,
otherwise, such restrictions will become modes of oppression. Consequently, social outlaws who do not take the right
of others into consideration must be restrained to defend the liberty of others. When the human soul rises above the
mundane affairs of life, it develops an acute awareness of the need for individual freedom and justice. And it is this
awareness which successfully prevents one from practicing injustice and oppression of others. Islam seeks to elevate
the Muslim personality to this sublime state, perfectly illustrated in the Prophet‟s (pbuh) saying: “If you feel no
shame, you will do whatever you like” (Sahih Al Bukhari). This prophetic statement points out the fact that in the
absence of restraint, human existence degenerates into the beastly brutality of the jungle.


THE RIGHT OF PERSONAL LIBERTY

The term liberty implies the recognition of various rights and duties pertaining to belief, religion, thought, expression,
work and behavior. Religious freedom in Islam is built on three factors:


6 It has been narrated that the son of Amr ibn Al-As, the Governor of Egypt under Umar ibn Al-Khat ab, once entered into a horse race with a native Egyptian.
When the Egyptian won the race, Amr's son became very angry and slapped the Egyptian. The Egyptian went to Madinah and complained to Caliph Umar. Umar
ordered the Governor and His son to come to Madinah. After their arrival, he ordered the Egyptian to retaliate and blamed 'Amr ibn Al-As for allowing his son to
abuse his rule.
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1. Free thinking which rejects blind imitation and social pressure.
2. The prohibition of religious compulsion.
3. Observance and compliance with the teachings that regulate religious duties and the performance of
religious rites.

Islam emphatically condemns blind imitation of ancestral religious practices. Wit regard to this condemnation, Allah
has made the following statement in Qur‟an:
“When it is said to them: „Come to what God has revealed, come to the Apostle, they say, „Enough for us
are the ways, we found our father following.‟ What! Even though their fathers were void of knowledge
and guidance?” (Surah Al-Maidah 5:107)

Instead of such blind imitation, the Qur‟an calls upon people to use their mental faculties in order to think clearly and
arrive at the truth by careful observation of God‟s signs which are manifest in the universe. This principle is clearly
stated in the following verse:
“Say, „Behold, all that is in the heavens and earth‟. But neither signs nor manner profit those who believe
not.” (Surah Yunus 10:101)
“Is not He (best) who created the heavens and the earth and sends down for you water from the sky
wherewith He causes to spring forth joyous orchards, whose trees you could never cause to grow? Is
there any God besides Allah? Nay, but they are folk who ascribe equals (unto him)”.
(Surah Al-Nahl 27:60)

Since truth is attainable through the contemplation of Allah‟s creation Islam forbids religious compulsion as it implies
disbelief in man‟s ability to think freely or choose the course that will lead him to salvation. God says:

“There is no compulsion in religion…” (Surah al-Baqarah 2:256) “Will you then compel mankind to
believe”. (Surah Yunus 10:99)

Moreover, Muslims are permitted to fight to defend religious freedom, prevent sedition and revolts, to overthrow
oppression, and to stop aggression and persecution. The Qur‟an states:

“And fight them until persecution is no more, and religion is only for God. But if they desist, then let
there be no hostility except against wrongdoers.” (Surah Al-Baqara 2:193)

The early Muslim carried out these instruction perfectly and enthusiastically. In one historical account, and elderly
Christian woman met the second caliph, “Umar ibn al-Khattab and asked him for help. After offering her the help she
needed „Umar called upon the woman to embrace Islam, but she refused. Lest his words might be misunderstood as
coercion, „Umar said, “O God. I did not compel her”, and then he quoted a verse from the Qur‟an:

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

Moreover, it must be noted that under the rule of Islam, protection is guaranteed to non-Muslims to practice their
religious rites. The foundation for this principle is based upon the following religious ordinance: “We have been
ordered to allow them to worship that they will.” The evidence which supports this principle is the treaty between the
Prophet (pbuh) and the Jews in Madinah which gave the Jews religious freedom. Another historical example of
religious protection for non-Muslims may be found during the caliphate of „Umar ibn Al-Khattab, who made a
covenant with the citizens of Jerusalem (Al-Quds) in which he approved their right to practice their religion and
agreed that Muslims would respect this right. In this covenant, „Umar ibn Khattab guaranteed the of Elias the
protection of their lives, their churches and their crosses and safety from being compelled to abandon their religion or
subjection to any harm because of their religion. Islam also permits Muslim men to marry Christian or Jewish women
and allowed such women the freedom to continue to practice their religious rites.

According to the aforementioned three factors, religious freedom in Islam is based on tolerance, justice and respect
for the freedom of others. Application of the principle of religious freedom presents no difficult to the spread of Islam
because Islam is based on a solid foundation of logic and convincing evidence compatible with the realities of human
nature. The Qur‟an explains that the facts of life are clear, so the Prophets (pbuh) duty was simply to remind people
of their responsibility to exercise their mental faculties:

“Remind them, for you are but a reminder, you are not at all a warder over them?”.
(Surah Al-Ghashiyah 88:21/22)

“If they surrender, then truly they are rightly guided, and if they turn away, then it is your duty only to
convey the message (unto them).” (Surah Al-Imran 3:20)

“But if you turn away, then know that the duty of Our Messenger is only plain conveyance (of the
message)” (Surah Al-Maidah 5:92)

“Now, if they turn away (O Muhammad), say: „Allah suffices me. There is no God save Him, in Him have I
put my trust, and He is Lord of the Glorious throne.” (Surah Al-Taubah 9:129)

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Based on an awareness of this unprecedented religious tolerance in Islam, some people ask why then is the apostate
punished by the death penalty. It should be noted that embracing Islam, as previously mentioned, should come as
result of deliberation. Thus, a person who claims to be convinced of the truth of Islam, embraces it, then later
decides to desert, must be a hypocrite who adopted Islam with the malicious intention of disclaiming it in order to
create doubt in the heart of the believers or for other devious reasons, fortunately, the Qur‟an has informed us about
the early Christian and Jews who plotted in this manner:
“And a party of the people of the scripture say, Believe in that which has been revealed unto who believe
at the opening of the day, the disbelieve at the end thereof, in order that they may turn away (from
faith).” (Surah Al „Imran 3:72)

On the other hand, the apostate may well be a self-seeking opportunist whose behavior is difficult to justify. Why did
he desert his first religion? Why did he adopt Islam? Then why did he desert Islam openly? The social laws of Islam
do not judge peoples‟ intentions. They only consider peoples‟ outward behavior, as it is only God who know
intentions. If a Muslim deviates into disbelief without showing any outward signs of atheism, irreverence or sacrilege
in his social behavior, he would suffer no harm. That is, although God will punish him for his impiety, as long as the
person‟s disbelief is kept to himself, the government would have no authority to punish him. However, if he openly
declares disbelief, he would considered a propagator of corruption and disbelief, who is actively endeavoring to blot
out the divine light of guidance and lead people astray.

Additionally, ignorance about Islam leads some people to ask why Islam forces non-Muslims to pay the Jizyah tax.
They consider it not only degrading to these people and an unlawful acquisition of their money, but also a kind of
penalty brought against them for not being Muslim. This line of argument shows a clear misunderstanding of the
basic Islamic principles pertaining to the treatment of non-Muslims in a Muslim society. Islam guarantees non-Muslim
that their lives, property and religious practices will be safeguard in the Islamic state. This means that the Islamic
states has shouldered the responsibility of putting this principle into effect against internal and external aggression.
Since non-Muslim do not have the religious motivation to protect the state or fight for its cause, they are not
inducted into the army. This means that the Jizyah tax is levied on non-Muslims in exchange for their ensured safety.

The truth of the matter is that the Islamic state also does not want non-Muslims to join the Muslim army in order to
avoid testing their loyalty because they do not have necessary religious motivation to strive and welcome martyrdom
for the triumph of a religion which is not their own. However, Muslims have to protect these non-Muslims from all
possible harm or aggression because these non-Muslims have the right of security as citizens of the state. Therefore,
how can it be deemed fair that Muslims should suffer al the loss and non-Muslims gain security without any exertion
on their part? Those who think that the Jizyah is in lieu of their adoption of Islam are quite mistaken, because it is
actually paid in return for their guaranteed safety, protection and security. It is also a sign that they have willingly
submitted to the Islamic state and on their refusal to pay it or participate in the expenses of public safety; they will
be considered enemies of the state and not simply “Dhimmis”7. This is merely a logical consequence without any
implication of oppression or injustice.


THE RIGHT TO FREEDOM OF OPINION

One might define a sound opinion as the conclusion arrived at in the mind after research and reflection. Any society
which enriches the minds of its members has the right to benefit from the fruits of their thought. But, society cannot
benefit from opinions unless they are regulated and disseminated in a way that contributes to the general welfare.
Such ideas must be guided by reason and must not violate established virtuous practices or usurp the rights of
others. Sound opinion creates a conductive atmosphere for the advancement of civilization. It also provides the basis
for the upliftment of the Islamic systems in which man is permanently God-conscious and in which constructive
thought and action is fostered more than in any other religious or secular ideology. A classic example of the place of
opinion in Islam may be demonstrated by an incident which took place during the campaign of Badr, which was the
first military encounter between the Muslims and idol worshipper after the Prophet‟s migration to Madinah. The
Prophet (pbuh) chose what he thought was the most strategic site for the battle; however, in spite of the high
respect in which the Prophet companions held him, there was still room for discussion and an exchange of opinion.
Al-Hubab ibn Al-Mundhair, full of concern for the battle, politely asked the Prophet (pbuh), “has this place been
chosen by God without our having any choice in the matter, or has it been chosen according to your own opinion on
war strategy?” the Prophet (pbuh) replied, “It has been chosen according to my personal opinion of war tactics”. Al-
Hubaib said, “O messenger, it is not a strategic place. Lead us to the enemy‟s nearest water-source, where we can
block their access to the water and make use of it ourselves”. The Prophet (pbuh) gladly followed the wise opinion of
that courageous and faithful soldier.

In the expedition of Al-Ahzab, the Prophet (pbuh) adopted the opinion of Salman Al-Farisi in digging a trench
(Khandaq). During the expedition of Banu Qurayzah, the Prophet (pbuh) said: “Those who believe in God and in the
Day of Judgment should not perform their afternoon prayer except at Banu Qureyzah”8 (1). Some of the companions
thought that they had to pray there even if the time of prayer was over while others thought the Prophet (pbuh) had
meant for them to be quick, so some of them performed their prayer on the way. When the Prophet (pbuh) found out
what each group had done, he accepted both opinions.


7 Dhimmi comes from the word Dhimmah, meaning responsibility. The Muslim state undertakes the responsibility of protecting its non-Muslim citizens.
8 Banu Qurayzah were a clan of treacherous Jews who violated their accord with Muslims and allied themselves with the pagan confederates during the invasion
of Makkah.
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Nevertheless, freedom of opinion should not be employed as a means of spreading anarchy, corruption and
falsehood. All opinions should be consistent with Islamic teachings and high moral principles and they should
commend themselves to scientific examination of falsehood may be unwittingly circulated. In order to achieve this
main, people have to exercise their intellectual faculties, with which they have been endowed, with in the frame work
of divine guidance. The Qur‟an says:

“(O man) do follow what you have no knowledge of. Lo! The hearing, sight and the heart will be
questioned” (Surah Al-Isra 17:36)

There is a big difference, however, between the modern connotation of freedom of opinion and the Islamic principle
which approves any opinion so long as it remains within the range of public benefit, instruct people to do good deeds,
and prohibits them from immorality. Contrarily, the modern connotation of freedom of opinion means that everyone
has the right to publicly express his opinion whether it be right or wrong. Islam considers voicing an Islamic opinion
an Islamic opinion the duty of all able Muslim men and women. In this way Islam mobilizes all the faculties of the
mind to think properly about what takes place in society, formulate a sound opinion and then declare it to people.
This declaration is an obligation. In other words, the setting forth of a sound opinion in Islam is not merely an
intellectual exercise but is a social obligation and a religious responsibility which a man of faith pursues to the best of
his ability. The Prophet (pbuh) said, “If a person sees an abomination, he should speak the truth about it; if he can
not speak the truth he should resent it in his heart and this is the least level of faith”.

The Qur‟an also highlights the characteristic of the Islamic society as follows:
“And the believers, men and women are protecting friends one of another, they enjoin right and forbid
wrong” (Surah Al-Taubah 9:71)

The Muslims worthiness for the leadership of humanity is based upon their performance of this duty and their strict
adherence to the faith. The Qur‟an reminds us thus:
“You are the best community that has been raised up for mankind. You enjoining right conduct, forbid
indecency and you believe in God.” (Surah Al-„Imran 3:110)


THE RIGHT TO WORK

There is a fundamental difference between the Islamic system which commends work and encourages it by various
mean and other system which merely recognize a person‟s right to work. In the following verse, for instance, God
orders man to work:

“And say (unto them), „Act!‟ God will behold your actions and (so will) His messenger and the believers.”
(Surah Al-Taubah 9:105)

„He it is Who has made the earth subservient unto you, so walk in the paths thereof and earn of His
providence. And unto Him will be the resurrection (of the dead).” (Surah Al-Mulk 67:15)

Sometimes the Qur‟an explains how God has made the universe subservient to man if he could only
utilize its bounties.

“He who has appointed the earth as bed, has threaded roads for you therein and sent down water from
the sky. With it He has brought forth different kinds of vegetation, saying, eat you and your cattle. Lo!
Herein verily are portents for men of thought.” (Surah Ta-Ha 20:53/54)

At other times emphasis on the importance of work is made by stressing the blessedness of self-reliance on earning
one‟s living. The Prophet‟s (Pbuh) traditions teem with such sayings, “No Person has ever enjoyed food more
delicious than what he has prepared himself, and David the Prophet of God, used to eat from what he himself had
made [Bukhari].‟ The Prophet (pbuh) also says, “God loves the believer who is gainfully employed.” The Prophet
considered working a form of struggle in the cause of God, when the intention was noble. Once, a man passed by
while the Prophet (pbuh) was sitting with a group of companions. The companions noticed his activity and
steadfastness in his work was impressed by the man‟s fortitude and patient perseverance. The companions said. “O
messenger of God! This man would really be wonderful if only his actions were for the cause of God”. The Prophet
(pbuh) said, “If he goes to work to support his young children, his old parents or for the satisfaction of hi sown
needs, all his work would be regarded as a struggle in the cause of God. But, if he goes to work in order to boast and
be proud, it would be for the cause of the devil. [Bukhari].

In addition to instructing people to work, Islam prohibits begging and self-imposed unemployment. The Prophet
(pbuh) said, He who begs continually, will meet God without a trace of flesh on his face [Muslim]. Islam also prohibits
earning money it out exerting effort such as occurs in the case of interest which is prohibited in Islam. The Qur‟an
says:
“O You who believe, observe your duty to God and give up what remains (due to you) from interest, if
you are (in truth) believers, And if you do not, then be warned of war (against you) from God and His
messenger. (Surah Al-Baqarah 2:278-9)

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If a person lends money to another person on condition that it be returned along with an additional sum, this form of
profit is called interest. Islam also prohibits the unlawful accumulation of wealth by the embezzlement of people‟s
money, the monopolization of their basic necessities, or the bribery of authorities God almighty says:
“And eat not up your property among yourselves in vanity, nor seek by it to gain hearing of the judge
that you may knowing devour a portion of the property of others wrongfully.‟ (Surah al-Baqara 2:188)

The Prophet (pbuh) has also said, “he who cheats Muslims is not of us.” [Muslim]

He has also said, “one who hoards and withholds food for forty days removes himself from the mercy of God, and
God has no connection with him.” [Ahmad ibn Hanbal]

Once the Prophet (pbuh) appointed a man from the Azdi tribe to collect alms from Muslims. When the Azdian
returned, he divided the collected alms into tow parts and said, “This part is for you, and this part was given to me as
a present”. The Prophet (pbuh) got angry, then he stood up, praised God and said, “I employ people from you to
perform a task to which God appointed. And here comes a man who says, „This part is for you and this was given to
me. If this man sat in his house, would he expect to be given any present? By God who has full authority over my
soul, if a man takes anything illegally, on Doomsday he will carry it on his neck. If that thing were a camel, it will
foam, if it were a cow it will moo and if it were a sheep, it will drop dung”9. Following in the footsteps and guidance of
the Prophet (pbuh), „Umar ibn al-Khattab, the second caliph, confiscated the gifts presented to the governors of Al-
Bashrah and al-Bahrain, took half the money of the governor of Kufah and did the same with „Amir ibn al-As, who
had been appointed governor of Egypt. The spirit in which the gifts and money were confiscated can be seen in the
caliph‟s correspondence with „Amr ibn al-As. He wrote to him saying. „Prophet are talking about personal property,
slaves, kitchen wares, and animals which you did not posses before you were appointed governor of Egypt.” „Amr
replied “our land is land of agriculture and commerce, and we produce more than we need for our expenses”. Umar
answered, “I know enough about evil governors. Your letter to me is the letter of one who is troubled by the violation
of others‟ right. I have become suspicious of you and have sent Muhammad ibn Maslamah to asses your wealth.
Obey him by letting him know your income, and by giving him whatever he asks. Save him the trouble of being cruel
with you because everything has been revealed „Amr acquiesced and gave half his wealth to Muhammad ibn
Maslamah. Such decisive legislation exalts the value of work which, in Islam, is considered even better than devoting
all of one‟s time to the worship of God. Some people once came to the Prophet (pbuh) in the company of a hermit.
The Prophet (pbuh) said, “Who is he?” They said, “He is a man who has devoted himself to worship”. The Prophet
(pbuh0 said, “Who feeds him?‟ They said, “All of us do”. The Prophet (pbuh) said, “all of you are better than he is”.
[Bukhari & Muslim].

In this capacity as leader of the nation, the Prophet (pbuh), the Prophet (pbuh) endeavored to provide work
opportunities for everyone. Once a man from the Ansar (Muslims citizens of Madinah) asked the Prophet (pbuh) to
give him some provisions. The Prophet (pbuh) asked him, “Do you have anything at home?” The man replied, “Yes,
we have some clothes and bowl”. The Prophet (pbuh) said, “Bring them”. When the man brought them, the Prophet
asked, “Who will but these?” The A man from the crowd said, “I will pay on dirham”. The Prophet (pbuh) said, “Who
will double the amount two or three times?”. A man said, “I will pay two dirhams”. The Prophet (pbuh) took the two
dirhams, gave them to the Ansari and said “Buy some food for your family with one dirham, buy hatchet with the
other and bring it to me”. The man brought the hatchet. The Prophet (pbuh) fastened it to a wooden handle and said
to the man, “Go, cut some wood and sell it, but do not return to me before fifteen days have passed”. Fifteen days
later, the Ansari came back with ten dirhams. With some of the money he bought some food and clothes. The
Prophet (pbuh) said to him, “This is better for you than coming before Allah on Doomsday with spots on your face
from begging”. [Bukhari & Ibn Majah].

In Islam, just treatment of workers is observed and they are to be given their due without any delay or deficit. God
says:

“So give full measure and full weight and wrong not mankind in their goods” (Surah Al-A‟raf 7:85)

The Prophet (pbuh) also said, “Give the worker his wages before his sweat dries up”. [Ibn Majah]

In addition to protecting the monetary rights of workers, Islam urges that workers be protected against the dangers
of work and that they be offered sufficient care and attention on the job. The story of Al-Khidr, who helped a crew of
seamen protected their ship from being usurped by a despotic king, is told in the Qur‟an:
“As for the ship, it belong to poor working on the sea, and I wished to mar it, for there was a king behind
them who took every seaworthy ship by force.” (Surah Al-Kahf 18:79)

This story instructs Muslims to follow the example of Al-Khidr, whom the Qur‟an honors. The Qur‟an states:
“They found one of Our slaves unto whom We had given mercy from Us, and had taught him knowledge
from Our presence.” (Surah Al-Kahf 18:65)

Since man‟s physical and spiritual capacity for work is limited, Islam grants the laborer the right to rest by limiting
working hours in a manner that protects his health and contributes to the renewal of his activity and energy. The
Prophet (pbuh) was reported to have said, “give your own body its due” [Bukhari]. He also said. “The laborer who
works all the times wastes his life”. Further more he recommended that a servant be well-treated by his master by

9 Dung is a symbol of shame.
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