Monday, 26 January 2015

Fundamental Rights of a Human Being and Guiding Principles of an Islamic State

Islam Guarantees All Fundamental Rights to Every Human Being

Saturday, 24th January 2015
Mira Road

On the eve of our 66th Republic Day, JIH Mira Road held a special lecture on ‘Fundamental Rights of a Human Being and Guiding Principles of an Islamic State’.

The program commenced with the recitation of the 48th ayat of Surah Maidah wherein Allah has instructed us to follow the Qur’an in letter and spirit and to judge our affairs in its light.

Thereafter, Dr. Parvez Mandviwala began his speech by explaining the need to frame rights for human beings in the first place. He said that unlike animals, man needs to establish for himself a set of rights and duties to save himself from exploitation by his own kind. He went on to brief the audience about the Magna Carta (1215), French Revolution and Declaration of Rights of Man (1789-1799), the Geneva Convention (1949) and the Indian Constitution (1950).

He averred that the Qur’an and the Sunnah of Prophet Muhammad (May peace and blessings be upon him) are the basic source of the Islamic Constitution, and the examples of the rightly guided Caliphs serve as lasting guidelines for any state. Further, he went on to expound upon the Fundamental Rights that an Islamic State guarantees its citizens. Under the broad headings of Justice, Equality, Secularism, Freedom of Speech and Expression, War principles and State Affairs, the speaker touched upon a long list of established fundamental rights like:

1.     Right to Justice: Irrespective of Social, Economical and Political position
2.     Right to Life
3.     Right to Appeal and Habeas Corpus
4.     Protection from Prosecution for someone else’s crime
5.     Right to be treated as innocent unless proven guilty
6.     Right to Refrain from sin/crime
7.     Right to Disobey the oppressor
8.     Right to Equality: Irrespective of race, nationality, class or profession
9.     Right to Equal Opportunity
10.Right to Choose one’s profession
11.Women’s Rights in Islam
12.Political Rights
13.Right to Practice one’s faith
14.Right of Dhimmis
15.Right to Protection from Religious insult
16.Right to Speak for the Truth and against Evil
17.Right to Protest against Injustice
18.Right to Hold ivergent views
19.Right to Dignity
20.Right to Peaceful Gathering and Organization
21.Protection of non-combatants in War
22.Rights of Prisoners of War and captives
23.Right to Food, Clothing and Medicine
24.Property rights

All these rights are guaranteed to each and everyone staying under the jurisdiction of an Islamic state, whether he is a Muslim or a non-Muslim and whether he is a friend or a foe. Apart from these enlisted above, Moral rights like those of parents, children and spouse were also constituted in the light of the Qur’an and Hadees and the state was responsible for their implementation.

Dr. Parvez concluded by stressing upon the point that we need to realize that these rights were declared and enforced by the erstwhile Islamic state 1400 years back when the very concept of Human Rights was elusive. Even today, while a lot has been written about Human Rights in various State Constitutions around the world, they are hardly heeded to. In sharp contrast, the era of the rightly guided Caliphs was a personification and epitome of justice, equality, secularism, freedom and fraternity in the truest sense of the terms and these are the very Guiding Principles which are required to be followed by every Islamic State in any part of the world.