Human Rights and Obligations in Islam Seminar No 3

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Human Rights and Obligations in Islam Seminar No 3

Transcript of Human Rights and Obligations in Islam Seminar No 3

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عارفوا إن علناكم شعوبا وق بائل لت الناس إنا خلقناكم من ذكر وأن ثى وج يأيها أكرمكم عند الل أت قاكم

Allah says: O! human kind, I have created you with a man and a woman, and created among

you several tribes and clans, so that you can distinguish among themselves, and the one who

fears Allah most is the most respected person in the sight of Allah (subhanahu wa ta’ala) (Sura

Al-Hujurat)

The main concern of this verse is that we all humans are equal on the basis of one father andmother. And what ever the tribes and clans that have been given to us is only for to specifyour identities to differentiate between us while introducing ourselves. So on that bases, allMuslims are equal due to having one Quran and Sunnah (Hadith), And even when we seethe life of Sahaba (the companions of the Prophet PBUH), we do not found any sects in them.They were all united into one thing i.e. they are Muslims. Then why are separating ourselvesand prefer to say the name of the sects which we belong instead of saying we are Muslims,Even though we have to follow one of the Imam like Imam abu hanifa and shafa’i, etc…because we all are ignorant about Islam but even following them why to put a label upon us.We should only have one label which is that we are Muslims.

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Rules for learning Islamic education

1. Your intention will only be for Allah2. Give respect to this subject3. Develop interest for getting Islamic knowledge4. Try to stay in the form of purity (ablution……)5. Implement Islam in your life and if not you will be punished

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What is Islam?

Islam is not the name of individuality. And what is the individuality that as long as I ampraying salah, performing my haj, paying my zakah, and every ritual that is belonging to meI am doing it, and after that I said I have done my duty and the jannah is mine, absolutelywrong concept. Islam in its core definition is to seek benefits for other. That’s why the wholebuilding of rights and obligations and responsibilities is described in Islam.And the Prophet (PBUH) said: " كلكم راع وكلكم مسئ ول عن رعيته"In this Hadith, while explaining the concept of the performing your duties, Prophet PBUH compared all of us with the shepherd who has some flocks under it to look after him, so He PBUH said: “You are all like shepherd that have some responsibilities on you, which you will be responsible for them and will have to answer about it”.

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What are Rights

Rights are the name of responsibilities and obligations that are related to others, in other words;your rights are the responsibilities of others and their rights are the responsibility of yours.There are basically two ways to protect every right.Positive way: which is to perform some necessary acitons on order to fulfil something, like to fulfil your hunger you have to eat. So eating is something positive you did.Negative/Defensive way: in which you abstain yourself from doing something bad in order to protect good. E.g. in order to protect right of wealth, you should stop yourself from stealing something.

Types of RightsThere are basically two types of rights:1) General Rights2) Individual Rights

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Categories of Rights

General Rights

1. Rights to protect Religion 2. Rights to protect Mentality 3. Rights to protect life 4. Rights to protect generation 5. Rights to protect wealth 6. Rights to Justice

Individual Rights

1. Rights of Parents 2. Rights of women 3. Rights of family 4. Rights of Public 5. Rights of neighbors

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General rightsRights to protect Religion

A religion is an organized collection of beliefs, cultural systems, and worldviews that relates to humanity, like Islam, Christianity, Judaism etc.In Islamic Persperctive there are two types of Shari’a:The Mega Shari’a i.e. which is based on fundamental principles like believing on Allah, His messengers, His books etc., and these all are same in every religion.Micro Shari’a: which consist of basic individual rituals like how to perform salah, number of Salah in a day, way to fasting, these are vary in every religion.

Positive wayAqeedah: is derived from the word “aqd which means to bind, so in Islamic aqeedah ”عقدmeans to have firm belief on the fundamental principles of Islam, i.e. Believing on Oneness of Allah, Believing on Prophets, Believing on Sacred books, Believing on Angels, Believing on the Day of Judgment.

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Believing on Oneness of AllahBelieving on the oneness of Allah swt means that there is no partner of Him, in any aspect, i.e.in the creation of this whole universe, creation of every single creature on the earth andwherever they are in the universe, and this creation doesn’t mean only humans, animals,insects or any other on earth, but there are many others, like there is a Hadith:“Once there was a Baddu (a town deweller or illitereate person) came to the Prophet PBUHand asked him that if these planets like earth, moon, sun, etc stop obeying Allah swt (means:if they leave the orbit that is specified to them by Allah), then what will happen. The ProphetPBUH replied that then Allah will leave upon them an animal who will swallow them in onegulp. He then again asked, where are these monster type huge animals? The Prophet PBUHreplied, they are grazing in the pasture of Allah swt somewhere “Then there is question arises where Allah swt is? There are many misconceptions circulateamong the Muslims. Some say which we call that as aqeedah of halu ( احللولعقيدة ), whichmeans that Allah is dispersed in this whole universe, He can be found in yourself, in plants,in animals, in every single thing, and He does not have any proper dimension means that wecannot specify that where is specifically Allah is, which is very wrong concept. The Qurantells us the proper concept i.e,

ت وىالمعرمش علىالرحمن " "اسم“He is firmly established on the throne.” (Sura Ta-ha, 5)

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Believing on the Prophecy of Muhammad (PBUH) and others.

Believing on the Prophecy means to believe that all Prophets are the pious men of Allah swt and are chosen by Him. No person can become prophet with his own will. Moreover, to believe on the miracles whatever appear unusual on the hand of Prophets. All Prophets are human but they cannot commit sin, and there is a revelation comes on them in different manners. However, believing about Prophets that they are not human or something else is not correct. Allah says in the Quran:

ي وحىإ ل ث مل ك مم اأنابشرم ...ق لمإ نSay: “I am but a mortal like yourselves, and I got revelation…”

All Prophets are human, born like other humans born, they eat, they sleep, they get injured, they feel the difference of weather i.e. cold or hot. However, they have some prominent features, which separates them from the normal human beings, i.e. all Prophets have the power of 30 men, and they receive revelation, and have miracles and many more….

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Rights to protect ReligionDefensive way

Jihad is one of the most important pillar of Islam, which means to struggle or to resist. And this struggle is not only meant in order to fight with the enemy in the battle field, but the real concept of Jihad is to fight against which is bad in nature, weather this resisting of bad is based on individualism or collectivism.Individualism based Jihad is that in which we abstain ourselves from sins, and to perform salah, doing good deeds, seek justice etc.Collectivism based Jihad is to defend the Islamic state from the enemies practically by put forwarding your lives for the sake of subsistence of the religion of Allah.This is the first and foremost duty of every Muslim imposed by Allah swt. Allah says in the Quran:

المم نمكر نعن هوم وت ن م تأمم ر ونب الممعمر وف ل لناس ر جتم رأ مةأ خم خي م .ك نمت ممYou are the best nation that ever been raised up for mankind, you enjoin justice and forbid evil. Therefore, full life of the Muslim based on struggle for achieving the good for others and abstaining them from the harm and evil things. However, doing املنكرباملعروفوالنهيعنأمر (Enjoining what is good and forbidding what is wrong) must be with proper strategy and planning and with leniency. Allah swtaddress to His beloved Prophet PBUH that:

سن ه يأحم ب الت سنة وجاد لم مم ع ظة احلم مة والمموم رب كب احلم كم ادمع إ لسب يل “Call men to the path of your Lord with wisdom and mild exhortation. Reason with them in the most courteous manner.” (al-Nahl, 125)

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And the Prophet PBUH said: “Whenever you see bad thing, stop it from your hand as this is the first degree of belief, and if you found in yourself ineligibility then stop it with conversation by persuading him as this is the second stage of belief, and if you are weak of doing this, then think of it bad in your heart and that is the lowest rank of belief.”

One of the reason of describing different stages is that to choose a stage what is necessary with the respected situation and it is preferable to start the dawa’ with leniency by persuading other people by describing good qualities and bad qualities of it.

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Right to protect Mentality (عقل)This is very important to protect one’s mentality because this the thing by which man is separated from animals and Allah made him His successor on earth. And the whole concept of shari’a is based on him, without it no obligations are imposed on a person. And the stability of a person is based on the stability of a mentality, and with the disorder of a mind a person cannot walk, smell, taste, feel etc…Positive way:Through proper education:This is the first thing to maintain and stabilize the mentality. That’s why Islam emphasizes most on the seeking of education. Allah says in the Quran:ق ل هل يستوي الذين يعلمون والذين ل يعلمون Say, Are the wise and ignorant are equal? (Sura Zumar, 9) Prophet PBUH said:“Seeking of education is compulsory for every men and women”In this hadith, the Prophet PBUH never specified the type of learning, so whatever you learn for the sake of good will get the reward of that. That is why on the day of the battle of Badr, Prophet PBUH ordered the non-Muslims prisoners to teach 10 Muslim children for their freedom, and it is obvious that, that teaching is of the worldly knowledge not the Islamic studies.

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Moreover, he said:“Seeking one chapter of ilm, is better than performing 1000 nawafil”

Negative/Defensive way

Abstention of Alcoholic beverages

As we said that the difference between human and animal is only because of this mentality, and that is the reason that Allah swt bowed the angles in front of Adam a.s. For the protection of this precious thing, Allah swt forbids humans from everything, which causes mental sickness. That is why Islam prohibits the drinking of alcohol. It is called as أ ماخلبائ ثم (the mother of malignant), due to it forces a person to commit sin. It is said that once a pious man forced to choose from three sins otherwise he will be killed. The three things were either to commit adultery or drink alcohol or to kill innocent person. That man thought that adultery is very bad, and killing a man is the worse sin, why not to drink alcohol, which only relates to me, less than all. Therefore, he drank alcohol, after that he committed adultery and killed a man.When the Prophet PBUH got the prophecy, the Arab at that time was fully drench in drinking alcohol. They consider the person a coward who did not drink alcohol. So, in this scenario, it is difficult to stop them from this, that’s why the order of its prohibition came gradually. This also teaches us to learn the manner how to give dawa’h.

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So the first verse that revealed was: نمه سكراور زمقاحسناومنم ذ ونم ت تخ عمناب والم يل النخ ثرات

“And you have the fruits of the palm and of the vine, from which you derive intoxicants and food.” (al-Nahl, 67)In this verse Allah swt mentioned the separation of halal and haram, which they got from fruits.

In the next stage; the verses that revealed were:أل ونك م نميسم ب ر وإ ثم ه ماأكم ر ق لمف يه ماإ ثمكب ريومناف ع ل لناس ر والمميمس مم اخلم ع ه ماعن م .ن

They ask you about drinking and gambling, say; there is a great sin in both, although they have some benefits for men, but their sin is far greater than their benefits.” (Al-Bakarah, 219)

In the third stage Allah swt said:الذين آمنوا ل تقربوا الصلة وأنتم سكارى حتى تعلموا ما تقولون ي اأيها

Believers do not approach to your prayers when you are drunk, but wait until you grasp the meaning of your words…” (al-Nisa, 43)This verse was revealed when someone from the companion of the Prophet PBUH invited some of the Sahaba on the dinner, and after meal he offered them alcohol. So after drinking that they stood for prayer and did mistake in the verses of Quran. In addition, remember that until now the alcohol was not forbidden. Moreover, after this incident this verse revealed.

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At the fourth stage, when sahaba started abstaining themselves from alcohol at the time of prayer and they got used to it, then full most and final decision of prohibition came from Allah swt.

الشيمياأي ها عمل سم نم زملم ر جم والم نمصاب والم ر والمميمس ر مم ااخلم تن ب و الذ ينآمن واإ ن فاجم ل ح ونطان م ت لعلك ممOh you believers! Wine and games of chances, idols and divining arrows are abominations devised by the devil, avoid them, so that you may prosper.” (al-Maidah, 90)

After this verse the alcohol is prohibited permanently till the day of judgment. No one is allowed now to drink it. An if someone drinks now it will be punished with 80 lashes.

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Right to protect GenerationProtection of generation is one the five main objectives of Shari’a. And for this Prophet PBUH emphasizes most for marriage and denied the concept of being monkhood (leave this world and stay alone away from human being). And He said:

رهبانية في اإلسلمل There is no room for monkhood in Islam. (Abu-Dawd, book of manasik)Positive wayMarriage lifeThis is the only way that Islam allowed in order for the continuity of generation. Moreover, this the one of the loveliest bond in the whole world that no force can break it unless man and woman do so with their mutual understandings. Nikah also be interpret as عقد, which means to tie up, i.e. man and the woman tie, themselves in a bond.Prophet PBUH said:النكاح من سنتي، فمن رغب عن سنتي ف ليس مني“Marriage is my tradition, whoever turn away from this tradition, will not be from among us.” (sahih bukhari, book of nikah)

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This nikah happens with the acceptance of each other, so no third person can force them to do so, weather a man or woman. If a father forces her daughter to do so or marriage her in her childhood, then after when she reached to her adulthood she has the authority to break her nikah. She can also find her own match and send invitation through her realatives like what Khadija r.a did but she can only marriage herself in the presence of his wali (father, brother, son, any relative respectively).

There must be a demand of Mahr (some kind of payment demanded by the woman from the man) at least not lower than 10 dirham (in the sight of Imam abu hanifa) and there is no limit for maximum, but Islam does not like it. Moreover, this mahr is the right of woman, and if the husband is not paying in time then the woman has the full authority to not to allow his husband to come near her until he pays.And the most important thing is for the demand of the dowry from the woman’s father; it is a shameful act, which Islam does not allow. In addition, one of the great taba’i Zain-ul-Abidin r.a said, it is a kind of bribe, which a husband demands from the wife, which is a great sin.

You never get marry in any way to some relations:Mother, Sister, Foster sister/ brother, Daughter/ son, Father’s sister, Mother’s sister, Brother’s daughter, Sister’s daughter, Mother in law/ Father in law, Half-sister / brother

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Negative or Defensive wayForbidden of fornication

Fornication or adultery means having sexual relationship illegally beside your wife in any way. This is one of the major crime in Islam. This destroys the family system of the community that no one will be able to recognize his true parents. Quran also emphasizes a lot in against this malicious act. Allah swt says:

شةوساءسب يل كانفاح رب واالز ناإ نه ولت قمYou shall not draw near to adultery, for it is foul and its way is evil” (al-Isra, 32).Prophet PBUH said:“When someone fell in adultery, faith leaves his heart and overshadows him but if he extricates himself; his faith will, be restored again.” (Abu-Dawud)He (pbuh) also said,“Whoever fornicates or drinks wine, Allah takes off his faith from him as a man takes a shirt off over his head.” (Hakim)However, if a person commits an adultery and he or she is non-married and commits for the first time, he or she will receive punishment of 100 lashes. And if he or she commits again this crime and again he is non-married he will be punished to death. In addition, if a mohsin(married man or woman) commits adultery, he or she immediately punished to death.

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Individual RightsParents Rights

Parents are the most lovable creature in this whole world. Their love to their children is unbuyable. They perish their whole life for the betterment of their children. It is clear that after Allah parents are the persons who give us innumerable favors. They provide protection, food and clothing to the newly born. The mother sacrifices her comforts and sleep to provide comfort to her children. The father works hard to provide for their physical, educational and psychological (and spiritual) needs. It is a matter of common courtesy that if a person does you some favor you feel obliged to him. Verbally you say ‘thank you’ to him. You try to repay and compensate him for his gifts and favors. You feel a sense of gratitude towards him.That’s why Quran lays stress on feeling grateful to parents, and doing good to them. Allah says in the Quran:

ل غنع نمدكالمك وقضى ساناإ ماي ب م إ حم إ يا وب الموال ديمن ت عمب د واإ ل ك ربكأل ولب رأحد ه اأوم هرمه اله افلت ق لمل ماأ ف كر مياوق ت ن م لمل ماق وملYour Lord has enjoined you to worship none but Him, and to show kindness to your parents. If either or both of them attain old age with you, show them no sign of impatience, nor rebuke them, but speak to them kind words. )al-Isra, 23)

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In addition, Allah swt order us to pray for our parents:صغ ريا كمارب يان ارمحمه ما م نالرحمة وق لمرب ل ماجناحالذل ضم واخمTreat them with humility and tenderness and say Lord, be merciful to them as they nurse me when I was infant. (al-Isra, 24)

Women rights in IslamThe issue of women in Islam is topic of great misunderstanding and distortion due partly to a lack of understanding, but also partly due to misbehavior of some Muslims, which has been taken to represent the teachings of Islam. We speak here about what Islam teaches, and that is that standard according to which Muslims are to be judged. Before Islam, women were sensed as a useless thing, or they are only born in order to serve men only. They do not possess any kind of rights and be treated by men as they like. So, when the Islam came, it provided the proper rights to the woman.The people of Mecca mostly treated their women, as not to allow them to interfere in the political issues, on the contrary the Madinian women were a little bit brave and somehow interfered in the men issues. It is said that once Umar r.a after the migration to Madina, were thinking of their some issues, the wife of Umar r.a said something, He replied who you are to interfere in my issues, do not be like women of Ansar. So she replied that you are treating me like this while Hafsa r.a (wife of Prophet PBUH and the daughter of Umar r.a) and other wives sometime say harsh things to the Prophet PBUH. When Umar r.a listened that He went straight to the Hafsa r.a and said that do not speak against the Prophet.

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from there He went to the Umm-e-salama the cousin of Umar r.a and also the wife of Prophet PBUH, and said the same thing to her. Umm-e-salama replied angrly: O Umar! What happened to you, why you are meddling in the matter of house of the Prophet PBUH? Pledge to Allah swt, if Prophet PBUH disliked that, we never ever did this. Then Umar r.a returned without said anything.See how Islam gave the rights to women to speak against the will of men with good ethics, because the woman is not the slave of men.The second most common right that Islam gave to them, that there is no responsibility on them to support the family financially, on the contrary Islam made this obligation on the men to feed them and treat them in a proper manner. In addition, in every aspect of life, Islam put the woman in the protection of someone in the shape of father, brother, husband and son.Muslim women are not forbidden from going out in the community, working, or visiting relatives and female friends, if there is no objection from their guardian/husband and they are covered and behave and speak according to Islamic guidelines.Hijab obligations:A Muslim Woman is required to Dress a Certain Way When She Goes Out in Public. However, what should be the proper way to hijab? There is no common way to hijab in Islam that a person can say that this is the way of Islamic hijab. Hijab means to cover a body in a way that the orientation of the woman body do not appears to the others. Without this, a woman is not allowed to go outside.