Human Rights and Humane Obligations:
The struggle for human rights-for the extension of rights and liberty to all individuals irrespective of their identities-has its roots in the Renaissance, the Reformation and the Enlightenment. The 1948 United Nations Universal Declaration of Human Rights (UDHR) is still thought to be a pious aspiration. As I have noted at the outset, my first exposure to the Holy Quran was through Human Rights. And it was a pleasant surprise to see a strong contingent of Human Rights in Islam.
‘All human beings’ declares the UDHR, ‘are born free and equal in dignity and rights’. As we have seen, tawhid immediately endorse the principle of equality and His Transcendence reinforces this propostion. Islam, does not legitimize religious hierarchy. ‘An Arab has no preference over a non-Arab; nor is a white one to be preferred to a black one, nor a black one to a white one (h).
‘Distinction of any kind’ is discouraged by the UDHR. Mankind was created ‘from a pair of male and female’ and constituted into ‘diverse peoples and nations’ (49:13), and Allah admonishes those who’ cut themselves off from the bond of unity’ (23:53). It requires a magnanimous mind-set to rise above sectarian prejudices. We belong to a vasudeva kudumbakam, ours is a ‘single brotherhood’ (23:52), and we should ‘act towards one another in a spirit of brotherhood’ as envisaged by the UDHR.
Islam urges the believers to substitute generosity for vengeance towards enemies. ‘He who pardons’, declared the Prophet, ‘is the most exalted’. Given the nature of treatment meted out to the prisoners of war by contemporary standards, this was an innovation far ahead of its times. Muslims, are to ‘feed the captives’ (76:8) and even consider them as their’ friends and collaborators’(h). The barbaric acts of torture, killing and mutilation of limbs are thus not merely a violation of the UDHR, which advise against ‘cruel, inhuman or degrading treatment’, but also are totally un-Islamic and anti-Islamic.
All human beings, according to the UDHR, are ‘endowed with reason and conscience’. Man is provided by Allah with the faculties of ‘hearing, sight and perception’ (16:78). He should make use of these faculties. The Quran condemns those who are impervious to knowledge: The worst of the lowly creatures are those men whose minds are utterly closed; for they do not listen a thing while they hear and they do not reason’ (8:21,22). Again, the UDHR, while endorsing the universal ‘right to education’, under lines the usefulness of education because education ‘shall promote understanding, tolerance and friendship among all nations, racial or religious groups’. We have seen that the very first Quranic Revelation brings to light the mighty sword in pen and presses the importance of education as a divine entitlement with Allah Himself as the Professor Omniscient. ‘whoever goes in search of knowledge’ says a hadith, is in the path of god saking knowledge, continues another hadith, ‘is obligatory to all Muslims,-men and women’. Pursuit of knowledge is thus as much a legitimate right a sit is a divine obligation so that men could become the ‘best of the highly creatures’ in the sight of Allah. The UDHR confers on every human being the right of ‘freedom of opinion and expression’ and to ‘freedom of thought, conscience and religion’, and permits him to ‘manifest his religion or belief’. Islam more than a millennium ago conferred this right upon men: ‘It is the truth from your Lord; let him who will, believe it and let him who will, reject it’.(18:29)
‘The most striking feature of ancient Indian civilization’, observed the famous historian A.L.Basham, ‘is its humanity’. India kept the evil of slavery at minimum. But its modern forms, bonded labour and child labour, are very real worldwide. 55 million children in India are going to sweatshops instead of schools. Our Constitution prohibits ‘traffic in human beings and other similar forms of forced labour’. Children sold for their parents ‘debts become bonded laborers, which is a form of slavery. They are economical, totally submissive and highly dependable. Of course ‘everyone has the right to work’, so says the UDHR, to ensure’ an existence worthy of human dignity’. But human dignity is the first casualty if the worker happens to be a bonded or forced labourer. He is slightly better than a domestic animal. He is deprived of his right to humanhood. But Islam discourages slavery.In fact, emancipating slaves is ‘dearer to the Lord’ (h), and the dinar spend for it is the ‘dinar spent in the cause of god (h). Islam regards work as a dignified enterprise worth embarking on sincerely, honestly and tirelessly. If we do our duty sincerely without worrying about its rewards, our shriving will soon be seen and the Quran guarantees it ,’the fullest reward’. The Bhagavad Gita echoes the same principle: ‘You are responsible to your actions; and not the fruits thereof ’. Moreover, the relationship between the employers and the employees is a contract between equal parties and the Muslims, ‘shall be bound by the conditions which they make’ (h)
Muhammed. Insisted on paying ’the labourer his wages before his sweat dries up’ (h)
The bottom line is not remuneration, but honour of his sweat. Furthermore, Islam condemns beggary and glorifies work. ‘Food out of the work of his own hand is the best food for man’ (h) isn’t it?
The UDHR recognized the right of every one ‘to own property alone as well as in association with others.’ Owning and acquiring property by hard work certainly deserves moral endorsement. Indeed, ‘wealth and children are an ornament of the life of the world’ (18:54). Though our Constitution had abolished the right to property, Islam upholds it: ‘O Men! Your lives, your property and your honour are sanctified and made inviolate’ (h). This, however does not mean unbridled private enterprise: distributive economic justice should be ensured through zakath and sadaqah (sharing of wealth and charity).
Social justice is secured only when the collective conscience of the people rises above individual polarities. ‘Everyone ‘observes the UDHR, ‘has the right to social security’. The realization of this dream should start from the grass rots evil and should emanate from a greater realizations of individual responsibility towards to greater goal of social welfare. A struggle in the cause of the poor and downtrodden is a manifestation of this urge. A true Muslim fights for the cause of those who are ‘ill treated and oppressed’ (4:75). He is good to his ‘parents and relatives; to orphans, paupers and to neighbours’ (4:36). This according to the Quran, is the Right Path. But man is often found to be going the other way round. Selfishness reigns supreme, its concomitant-materialism proceeds to the extreme, and the regard, let alone love, for others is almost nonexistent. ‘The major part of wisdom’, so goes a hadith, is love for men and doing good to everyone, pious or sinner’. Social security is necessary for the advancement of social, economic and cultural right, including the right to basic amenities. ‘He is not a true believer who eats to his full when he has a hungry neighbour by him ‘(h). After all, a true Muslim is ‘one in whom mankind has an asylum for their lives and properties’ (h).
If individual responsibility largely contributes to social security, decency in the conduct of affairs supplements it. ‘No one shall’, asserts the UDHR, ‘be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation’. The Quran, revealed more than a millennium ago, wears an ultramodern outlook! A Muslim should not enter houses other than his own until he has ‘asked permission and saluted those who are in them’ (24:27). Invasion into others’ privacy is strictly prohibited by Islam. A Muslim should pay ‘no attention to that which is not his business’. Again, invoking hatred instead of peace in human affairs militates against personal honor. ‘An evil word is like a rotten tree’ (14:26), declares the Quran. Words are more injurious than swords and Islam prohibits attacks upon individual honour. The Quran curses ‘every slanderer and backbiter’ (104:1) and urges him to expiate himself through a direct reconciliation by seeking ‘forgiveness from the one he has slandered’ (h).
Men are asked to ‘refrain from slandering women ‘ (24:23). Women’s honour is thus held in high esteem in Islam. No eve-teasing, no mud slinging. Furthermore, we should not ‘laugh at others, nor defame people or sarcastically use offensive nicknames’ (49:11). Punishment for defamation awaits in the Life Hereafter and at least this should deter us. Indeed, a Muslim is one ‘in whose tongues and hands others are safe’ (h). In fact, how much importance Islam attaches to personal honour is best exemplified in the following words of the Prophet. ‘T o whom I have blasphemed his honour, here I am offering my honor so that he may avenge himself’ (h). So let’s ‘chide not him who asks’ (93:10)
The most decisive movement in the life of every one (apart from birth and death, of course ) is marriage. Hindu ethos holds that betrothal takes place in the Heavens. Western society increasingly finds a matrimonial alliance without legal encumbrances more useful. Yet marriages are occasions for auspiciously celebrating deep sentiments. The UDHR recognized the family as the ‘natural and fundamental group unit of society’. Men and women of full age, it argues, ‘have the right to marry and to found a family’. Furthermore, they are entitled to ‘equal rights as to marriage, during marriage and at its dissolution’. As seen elsewhere, Islam forbids extremes of any kind. ‘Prophet forbade celibacy and encourages marriage’(h).
Marriage in Islam is a strong bond (mithaqan ghaleeza), a divine commitment. The quran says; ‘He created mates from among yourselves that your may live in tranquility with them, and He has put love and mercy between your hearts’ (30:21). Affection, duty, warmth, compassion, love and comfort are all part of marriage. Marriage by ‘free and full consent of the intending spouses’ is endorsed by the UDHR. Islam advises that ‘there is nothing better than marriage for those who love each other’ (h). ‘Free will’ is the governing principle of marriages in Islam. An attack on this ‘Free will’ by forced marriages is an attack on the principle of equality, which Islam forcefully upholds. Muslims,, are thus strictly ‘forbidden to inherit women against their will’ (4:19) Again, though man is the leader of the family, he should not assume dictatorial powers in domestic affairs. Leadership is assigned to him because he is less vulnerable to physical discomforts than women. It is a burden rather than a privilege. He should, therefore, treat his wife kindly and live with her ‘one a footing of kindness and equity’ (4:19) Divorce is the ‘most detestable of all lawful things in the sight of Allah ’ (h). but Islam permits divorce as a last resort. It is also to be understood that talaaq is not an exclusive male preserve. ‘Women have rights similar to those of men’ (2:228) and they too can propose the termination of a painful engagement.
The UDHR entitles everyone ‘to a fair and public hearing by an independent and impartial trial’. Fair dealing is the greatest tribute to justice. Equal access to justice is one of the basic features of our constitution. Justice is universal and divine. Personal prejudices are to be sacrificed for the purpose of administering impartial justice. The Quranic injunction is unequivocal: ‘O Believers! Stand out firmly for justice as witness to Allah - even it be against yourselves, your parents or your kin and whether it be against rich or poor’(4:145) Muslims, are thus required to lay down their lives to champion the cause of justice. Again, ideological differences or disparate affiliations need not militate against the universal appeal of justice. ‘Your hatred of a people’, declares the Quran, ‘should not seduce you to commit a wrong or depart from justice; for justice is next to piety’ (5:8)
A final word. Rights are not totally divorced from duties. Laissez faire realization of rights would bring chaos to humanity as a whole. ‘Citizens’ exercise of their rights and freedoms’, insists the 1977 Soviet Constitution, ‘is inseparable from the performance of their duties and obligations’. In our own Constitutional set up, too, the Fundamental Rights, which were deemed not to ‘permit their withdrawal under any circumstances’ are not an obsolete guarantee-even in normal items-against the violation of Fundamental Duties. In this respect, too, Islam is unique, perhaps revolutionary: following the percepts of the Quran is an absolute obligation for the believers. A literalist translation and application of the humanitarian values in the Quran and the hadiths, by them, therefore, indirectly confers rights on those at the receiving end. Divine Orders become Human Rights and the Quran stands as their supreme guarantor and promoter.
Religion Vs science has evoked many controversies, which are often dismissed as of insignificant relevance to scientific development. The West held science as the ultimate Allah – a proposition it increasingly found to inadequate to defend. There is, however, a general consensus over the existence of a power that keeps the universe in order. This Omnipotence, in Islam, is Allah. Man is His vicegerent, and, among His entire creation, only man is gifted with free will and hence capable of being irresponsible and denying His Signs. Seeking knowledge is a divine obligation. ‘Study of science’, declared the Prophet, ‘is an ordinance’. The Arabic term ‘ilm, used over 750 times in the Quran, etymologically means ‘science’. Islam regards science as an enlightened enterprise worth embarking on for the betterment of mankind. The track record of mankind in this regard, however, is too poor to confer any moral credibility: science is often dragged into finding solutions- to the problems created by itself! The U.S. which test-bombed Hiroshima and Nagasaki, is now contemplating Theatre Missile Defence Systems - to defend itself against nuclear offensives! An other classic example of scientific folly is the chlorofluorocarbons. Increasingly eating up the stratospheric ozone, these ‘wonder chemicals’ for the rich make the poor victims of ozone depletion. The Agenda –21, passionately called as the ‘Green Bible’, continues to remain an uninitiated, let alone unfinished, agenda. The so called ‘sustainable development’, a psychologically, perhaps only psychologically, comfortable compromise between man’s egoism and his altruism in equal proportions, will also turn out to be a farce, if more weightage is not given in favour of altruism. Penicillin and atom bombs coexists in science. Food security is being achieved by wreaking havoc on the environment. Cellophanes shorten distances with threatened brain tumors. Disadvantages, it seems, outweigh advantages. ‘Mischief has appeared on land and sea as a result of the (evil) which man’s hands have done’ (30:41). The reason is not the corrosion of the ozone layer, but of vision, of divine responsibilities. Calculating environmental damages in monetary term is a bizarre logic. We cannot recompense the resources by squeezing the resources themselves.
Education is a divine privilege, and both industrialization and a environmentalism derive their inspiration from it. Between them, Islamic Omniscience treads a fine line that confers immunity against ecological disasters.
¨ To begin with, Islamic values originate from tawhid, Allah is one, transcendent and
associating anything with Him is a cardinal sin (shirk). Anything in creation is devoid
of divinity and sacredness. God alone is sacred. This proposition provides ample
opportunities for men to experience with the Elements which are completely devoid of
divinity. Men may explore the Signs (ayats) and, ‘may taste the fruit of their own
actions’ (30:41). The goal of science - of examining all issues of truth has been thus
specifically sanctioned by Islam.
¨ This, however, does not mean unlimited freedom to man. As befitting to his exalted
status of being His vicegerent (khalifa), man owes a special responsibility to Allah. While he is authorized to supervise his physical environment, he cannot claim an overwhelming dominance over it and thereby virtually challenge God. Such an act would be a breach of trust (amanah) between man and God., a betrayal of His confidence in man.
¨ It follows, then, that man’s dignity in the sight of God is directly proportional to the extent he fulfills his responsibility. This accountability (al-Aakhirah) is central to the environmental ethics of Islam. Weapons of mass destruction are the agents of men acting as the fences that eat up the grass. A product of irresponsible science - a classic case of scientific under development- the atomic bombs have the capacity to destroy everything that Allah gave us in trust. They are, in short, an affront to Allah.
¨ Men are particularly known for their obsession with conspicuous consumption. This aggravates competitive consumerism which is a direct threat to conservation. Mahatma
Gandhi once said: “Earth provides enough to satisfy every man’s need, but not for every man’s greed”.
Destruction of flora and fauna endangers genetic diversity, which gives Earth its life-supporting systems. We have, however, industrialized the Earth and commercialized our own lives. Even so, is there something we could rely on to save the Earth? Yes, there is, The Quran provides a simple but eminently sustainable solution. And that is moderation (2:143). Islam envisages a moderate community (ummatan wasatah) in which balance, harmony or equilibrium (I’tidal) is the guiding principle and justice (adl) the chief arbiter. These two, it is obvious, provide a purposeful background for a spirited advocacy of moderation. Islam authorizes men to ‘enjoy the bounties of Allah ’s provisions but not to overindulge’ (7:31). ‘Do not waste’, the Prophet once cautioned. Ijma (general consensus), istihsan (preference for the better) and istislah (public welfare) all have moderating influences.
Deforestation, de-vegetation, desertification and gradual disappearance of rain forests are all the results of our major scientific achievements! The Prophet, the environmentalist par excellence, once said: ‘Even at the time of impending Doomsday, plant a sapling’ (h). ‘Let us avoid harming plants in anyway’, continued Nuruddin Nurani of Kashmir, ‘each plant has a purpose in life and use for us’. Tagore initiated a Vriksharopana (festival of tree planting) even as early as 1928. Indians, with an average per capita intake of seven trees a year, seem to have learned nothing from them. We observe the World Environment Day every year. ‘For life on Earth, save our seas’, we proclaimed this year to honour the United Nations International Year of the Oceans. But we turn our rivers into sewers, oceans into dust bins for technological wastes and skies into smoke screens for greenhouse gases. The Quran highlights this ominous situation in the following verse: ‘Mischief has appeared on land and sea as a result of the (evil) which men’s hands have done. Allah has ordained in thus for men, so that they may taste the fruit of their own actions and mend their ways’. (30:41) 1.4 billion people around the world lack access to clean water. Muhammed cautioned against ‘polluting the water resources and befouling the path ways and shades’ (h). Today, if Germans can boast of the quality of the Rhine’s waster as of ‘drinking water standard’, it is because there is almost nil industrial discharge into its waters! Harmony with Nature ushers in social harmony. Science should aid this process. If a proper religious and thus ethical perspective like the one detailed above is not adopted, science would defeat they very logic of its own creation (The Manhattan Project marks one such defeat. Ironically, Einstein, the man behind Manhattan, later regretted that ‘one great mistake’ in his life!). Unlike other celestial bodies, the Earth meets our demands-moderate demands on a sustainable basis. So let’s ‘not spread corruption on Earth after it has been so well ordered’ (7:56).
Man is not the only creation of Allah. ‘the entire creation is the family of God.’(h). But ‘population explosion’ in big strides increasingly encroaches upon animal lives. A number of species are not the brink of extinction. Thanks to men’s callousness, numerous species have already been exterminated. Buddha exhorted mankind to “feel all-embracing love to all beings”. Islam being a practical system of life, recognizes the omnivorous nature of man. The only justifiable reason to kill an animal, according to the Prophet is to ‘eat its meat as food, but not to kill and discard it’ (h). Apart from this single unavoidable qualification, Islam is all the more humane in its approach towards animals. Sport hunting, imprisonment, target shooting and beating on the face of animals or using their skin (as ornament) are all prohibited. Man should ride on the animals ‘in good weather and free them from work while they are still in good health’(h). The greatness of a nation and its moral progress, as Gandhiji said, can be judged by the way its animals are treated. There is also an utilitarian aspect: the value of flies for pollination, for instance, can not be underestimated. Animals participate actively in the composite fabric of His Signs. We should understand that they are ‘communities like (your) own’ (6:38) and show mercy towards them because ‘Allah loves those who are good to His Family’ (h).
