The development of the idea of Human The development of the idea of Human Rights in Early IslamRights in Early Islam

Compiled by Naheed JafriCompiled by Naheed Jafri

Humans are equal in essence, it doesn’t matter what race or nation your from: “And one of His signs is the creation of the heavens and the

earth and the diversity of your tongues and colors; most surely there are signs in this for the learned “(Holy Quran 30:22).

“Mankind! We created you from a male and female, and made you into peoples and tribes so that you might come to know each other. The noblest among you in God's sight is that one of you who best performs his duty. God is All-Knowing, All-Aware “ (Holy Quran 49:13).

Essence of Equality

A. The Quran For the mass of believing Muslims throughout

history, the Quran has always been the key text upon which Islamic life and civilization has been built. Muslims have found in the Quran numerous verses from which an understanding of human being’s position in the cosmos has been derived; as well as the enumeration and exposition of the rights and duties of human beings to their Creator, to each other and to themselves:

Primary Classical Sources for deriving a Human Rights Doctrine in Islam

Right to Justice

The right to justice, being free of injustice and oppression“O you who believe! Stand out firmly for Allah as witnesses to fair dealings and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just, that is next to piety. Fear Allah, indeed Allah is well-acquainted with all that you do” (Holy Quran 5:8).

Democracy in Pre-Modern Era

The Constitution of Medina a document reportedly drawn up by the Prophet Muhammad (d. 11/632), upon his migration from Mecca to Medina. The document establishes rights and obligations among the Ansar (Helpers) of Medina, the Muhajirun (Emigres) who left Mecca with the Prophet, and the Jewish tribes of Medina as they embarked upon a new journey of co-existence and cooperation in the nascent Muslim polity founded in Medina.

How the Charter of Medina started

The Constitution or Charter of Medina pre-dated the English Magna Carta by almost six centuries. It was executed and implemented for 10 years (622-632 A.D.) and applied to 10,000 citizens living in Medina at that time. Remarkably 45% of the total population in Medina consisted of non-Muslim Arabs, 40% consisted of Jews, and only 15% consisted of Muslims, at the start of this treaty. These numbers were recorded by Prophet Muhammad himself through a census that he commissioned. In others words, Prophet Muhammad penned the Charter of Medina as a minority sovereign. His express goal was to govern a multi-religious pluralistic society, in a manner that allowed religious freedom for all of them.

The Charter consists of 47 clauses which set forth the formation of a sovereign nation-state with a common citizenship for all communities. The Charter protects fundamental human rights for all citizens, including equality, cooperation, freedom of conscience and freedom of religion. Clause 25 specifically states that Jews and non-Muslim Arabs are entitled to practice their own faith without any restrictions. In short, the Charter of Medina was the first document in history to establish religious freedom as a fundamental constitutional right

1. The Muslims and Jews would deal with each other on the basis of sympathy and sincerity and would not indulge in any aggression or wrong against each other.

2. All sections of the people of Medina would enjoy complete religious freedom.

3. Everyone’s life and property would be secure, and would be respected, subject to the maintenance of law and order.

4. All matters of difference would be submitted for decision to the Holy Prophet, and would be determined by him according to the laws and the customs of each section of the people of Medina.

5. No section would go forth to fight without the permission of the Holy Prophet.

Charter of Medina

6. In case of aggression against the Jews or the Muslims, both would combine in repelling the aggression.

7. In case of attack against Medina, all sections would combine in repelling it.

8. The Jews would not in any manner aid Quraish or provide refuge or comfort for them.

9. All sections would be responsible for their own upkeep and expenses.

10. Nothing in the agreement would afford immunity to a wrongdoer, or sinner or mischief-maker.

Charter of Medina

The other evidence of democracy is reflected in Imam Ali’s famous letter of advice while he was Caliph, to his appointed Governor of Egypt, Malik Ashtar, could be regarded as an essential guide in Islamic administration.

Religious tolerance: Amongst your subjects there are two kinds of people: those who have the same religion as you [and] are brothers to you, and those who have religions other than yours, [who] are human beings like you Men of either category suffer from the same weaknesses and disabilities that human beings are inclined to; they commit sins, indulge in vices either intentionally or foolishly and unintentionally without realizing the enormity of their deeds. Let your mercy and compassion come to their rescue and help in the same way and to the same extent that you expect Allah to show mercy and forgiveness to you.

Democracy in the era of Imam Ali ibn Abu Talib A.S.

“You must select people of excellent character and high caliber with meritorious records . . . When they realize that they have committed a mistake in judgment, they should not insist on it by trying to justify it . . . They should not be corrupt, covetous or greedy . . . . These appointments must be made . . . without any kind of favoritism being shown or influence being accepted; otherwise tyranny, corruption and misrule will reign Let the judiciary be above every kind of executive pressure or influence, above fear or favor, intrigue or corruption.”

How the judiciary should have been by Imam Ali in his letter to Malik E

Ashtar

Poverty: If a country is prosperous and if its people are well-to-do, then it will happily and willingly bear any burden. The poverty of the people is the actual cause of the devastation and ruination of a country, and the main cause of the poverty of the people is the desire of its ruler and officers to amass wealth and possessions, whether by fair or foul means.

Equity is best: A policy which is based on equity will be largely appreciated. Remember that the displeasure of common men, the have-nots and the depressed persons, over-balances the approval of important persons, while the displeasure of a few big people will be excused… if the general public and the masses of your subjects are happy with you.

Letter from Imam Ali to Malik e Ashtar continued

“Corruption undermines national well-being: I want to advise you about your businessmen and industrialists. Treat them well . . . They are the sources of wealth to the country . . . One more thing . . . you must keep an eye over their activities as well. You know that they are usually stingy misers, intensely self-centered and selfish, suffering from the obsession of grasping and accumulating wealth. They often hoard their goods to get more profit out of them by creating scarcity and by indulging in black-marketing”.

Letter of Imam Ali continued

Peace leads to prosperity: If your enemy invites you to a peace treaty . . . never refuse to accept such an offer, because peace will bring rest and comfort to your armies, will relieve you of anxieties and worries, and will bring prosperity and affluence to your people . . . Be very careful never to break your promise with your enemy; never forsake the protection or support that you have offered to him; never go back upon your word, and never violate the terms of the treaty.

Mentions of “peace” in the letter