Dr. Isma’il Nuwahda (*)

Islam is considered to be a complete and balanced system for all affairs of life, as it is brought forth in the Quranic texts and prophetic texts.

In that the individual is the focal point of obligation, the Islamic Sharia was concerned with human rights in a broad and comprehensive sense for all people without exception, because these texts are based on the doctrine of faith in God. Thus the individual exits from the circle of servitude to anything other than God the Most High. Equally they are fixed and cannot be cheated, and they deal with everyone in the same spirit without discrimination.

God said:
‘We have sent our Messengers with clear proofs and We (also) sent down with them the Code (of Sharia law and justice) and the Balance (the practice of the Prophet and right use of the Book of God) so that people might conduct themselves with equity and justice’. [Sura Al-Hadid: 25].

The concept of Islam imposed on the human being a commitment to human rights in the wide, comprehensive concept by means of rewards and punishments in this life and the next.

God the Most High said:
‘But the wicked shall, of course, be in the flaming fire’ [al-Infitar: 13-14].

Charity and beneficence are the most superior values of human rights, and therefore God the Almighty warned everyone who persists in immorality and aggression against the rights of others.

Islamic ethics play an important role in activating faith in human rights. Because ethics are one of the foundations of Islam, the faith of the individual is not truly established if there is a contradiction between his belief and his behaviour. Similarly, the Muslim individual is enjoined to be of a pure heart, free of all forms of hatred and derision.

Therefore, the Muslim is accountable for all behaviour. God the Almighty says:

‘Then whosoever has done so much as an atom’s weight of good will see (the good result of) it. Similarly, whosoever has done so much as an atom’s weight of evil shall also see it.’ [al-Zalzalah: 7-8]

One of the texts that calls for respect of human rights is the verse:

‘Oh, you who believe! If a wicked person brings you any important news, examine it carefully…’ [al-Hurjat: 6].

And it is said:
‘Oh you who believe! Let no people look down upon another people for the (latter) people may be better than they, nor let women (look down) on other women who may be better than they. And find not fault in one another (in order to defame your own people), nor call one another by nicknames. Bad is the reputation of wickedness after the (profession of) belief. Highly unjust are the people who would not abstain from what they are forbidden.’ [al-Hujrat: 11]

In his farewell speech, the prophet said:

‘Your blood and your possessions and your honour are sacred amongst you, just as you regard as sacred this day and this month and this city’.

Similarly, worship also plays an important role in the issue of human rights, for it refines the self and puts an end to wrongdoing. God the Most High said:

‘prayer restrains (the observer) from atrocities and unbelief.’ [al-‘Ankabut: 45].

Atrocities and unbelief are two general expressions referring to every bad thing said or done to oneself or to others. The texts are not restricted to the Muslims; rather, they include others to protect them from aggressions being committed against them. God the Almighty said:

‘Allah does not forbid you to be kind and good and to deal justly with those who have not fought you because of your faith and have not turned you out of your homes. In fact Allah loves those who are equitable’. [al-Mumtahanah: 8]

It is significant that the Islamic Sharia made the responsibility of preserving rights a bilateral responsibility; the individual is responsible, and so is the authority. It is not permissible for the authority to apply it and the individual not to apply it, and vice versa. God the Most High said:

‘And the believing men and women both are friends of one another. They enjoin the right and forbid the wrong’. [al-Taubah: 71]

Human rights in Islam are a gift of God, and human beings are not entitled to prohibit or degrade them or to detract from them except in the case that the individual’s behaviour calls for censorship and accountability. All that is the concern of the law, and not the whim of the individual.

Equally, human rights in Islam are moderate and balanced, and the rights of the individual do not tyrannize the rights of the community, and the reverse. Piety is the control for that, and that comprehensive concept puts the actions of Muslims under the view of self-surveillance.

In terms of comprehensive and clear texts that it contains, Islamic legislation is considered a complete and balanced constitution for human rights.

Islam accorded the individual rights like the rights accorded to him in the contemporary civil context, and indeed much more. However, it contained conditions in keeping with the social and environmental conditions in which the individual lived.

In spite of their great number, all of these rights can be traced back to two public commands. The first is personal freedom, and the second is equality between individuals in civil and political rights.

Personal Freedom
What is meant by personal freedom is that the individual is capable of acting in his own affairs, and in all that relates to himself, safe from aggressions being committed against him, his position, his possessions or his home, or any of his rights, provided that there is nothing in his actions that violates others.

Through this definition we can contain the matter in the following freedoms: freedom of self; freedom of home; freedom of ownership; freedom of belief; freedom of opinion and expression; and freedom of education. The guarantee of these freedoms and rights of the individual ensure freedom of the individual, and this is what was stated in Islam on the matter of freedoms.

I will speak briefly about these freedoms and rights as follows:

Freedom of Self
This means the individual securing himself/herself from any aggression, and Islam has set limits in its commands and prohibitions, and has legislated punishments on whosoever transgresses those limits. Some of those punishments are prescribed and those are ‘huddud’ [fixed] punishments, and others are delegated to the ruler’s appraisal, and those are ‘Tazir’ [chastisement] punishments. There is no crime unless it transgresses the limits set by God, and there is no punishment expect in accordance with the legislation of God.

Freedom of Home
Islam has guaranteed this freedom and prohibited its being banned or ostracised. This can be expressed in the case of citizenship, as Islam made the domicile sacred and disallowed entry without permission.

Freedom of Possession and Action
God endowed mankind with a love of possessions and a desire to preserve them, and an affection for children. Wealth and children are two manifestations of the good things in worldly life and its pleasures. Mothers and fathers have a duty to bring up sons and daughters properly, based on good manners and virtue, on guiding them towards the right path that will take them to safe ground, far from extremism, and implanting love of people in their souls and keeping them away from bad friends and supervising their movements and behaviour so that they do not fall victim to being driven to destruction. Children are safe in the embrace of their fathers and mothers, and they are the apple of our eyes and the light of our lives, so let us aspire for them and make them building tools, not demolition axes; tools of goodness, not of evil, and let us know that redemption comes with construction, not destruction, with love not hatred, and with friendship, not cruelty, and with mercy, humanity and compassion, not adversity.

God said:

‘Wealth and children are an adornment of the life of this world. But with regard to (immediate) reward, ever-abiding righteous deeds are the best in the sight of your Lord, they (also) promise the best hope’. [al-Kahf: 46]

From this comes the right of the individual to preserve the wealth that he has earned, to spend in time of need, honouring the obligation that a love of possession in this world must not rule over the undertaking of duties to God and towards the poor and afflicted. The freedom to spend money springs from the individual’s own ownership. Money has great importance as a vessel of life and its backbone, and therefore Islam has forbidden aggression against it in any form. God said:

‘Oh you who believe! Do not consume your [one another’s] property amongst yourselves by unlawful means, rather it be a trade based on free mutual consent’ [al-Nissa: 29].

He also says:

‘As for the thief, man or woman, cut off his/her hands in retribution of (the crime) that they have committed – as an exemplary punishment from Allah. And Allah is All-Mighty, All-Wise.’ [al-Ma’ida: 38]

The Prophet (Peace be Upon Him), says: ‘it is not permitted for a man to take his brother’s money without his consent’. This completes the series on money, starting with its provision, moving on to its possession, to the freedom of spending it, and the stringency of the punishment against him who violates it.

There is no doubt that the prevalence of theft in different parts of the world can be traced back to the non-application of God’s ruling in this matter.

Freedom of Belief:
Islam determined freedom of belief and complete freedom of the individual to choose his creed on the basis of his intellect and true vision, and hence Islam made research and consideration the bases of Tawhid [unity – monotheism] and faith, not compulsion and force, and not imitation and tradition.

However, for those who have made their submission – i.e. the Muslims - it is not permissible for the Muslim to exchange his religion and apostatize from Islam, for he is committed to it in front of God and the Sharia. God the Most High said:

‘there is no compulsion in religion, for the right way does stand obviously distinguished from the way of error’ [al-Baqarah: 256].

And he said:  ‘would you force the people to become believers [where God has not forced them]? [Yunis: 99]

Islam made non-Muslims completely free to set up their religious symbols in their places of worship, and it accords them the freedom to follow the rulings of their religion in their personal behaviour and circumstances. The precept in this is the Prophet’s saying, on the subject of the Dhimmis [protected monotheistic non-Muslims]: ‘they have what we have and they are obliged as we are obliged’. It is worth mentioning that all covenants and charters that were given to the contractors linked security with self and property. A model of this was clarified by the Commander of the Faithful ‘Umar Bin Khattab to the people of Iliya in the ‘Umariya Contract, which stipulated:

‘they are guaranteed the security of their persons, their possessions, their churches, and everyone in their community.  Their churches will not be occupied or demolished, nor will anything be taken from them: neither furnishings nor crucifixes nor money.  They will not be forced away from their religion, or harmed because of it.’

In the forming of belief, Islam indulged the intellect, and enabled it to research and to apply reason to the verses and clear evidence. God said:

‘Have they not pondered over the sovereignty of the heavens and the earth and everything that Allah has created?’ [al-Araaf: 185].

Similarly, we recall what is said in many verses of the holy Quran about he who believes through imitation, not through research and consideration. One of them is:

‘Nay, but they go on saying: ‘We have found our forefathers on a certain course and we in their footsteps are following the right course (of true guidance).’ [al-Zukhruf: 22]

Freedom of Opinion:
Freedom of opinion and expression in Islam is an issue often thrown up for discussion and questioning, particularly by those who monitor Islamic movements, and their increased steps towards taking power in one country or another. Does Islam permit people freedom of expression in general, irrespective of their creed? Or is this freedom limited to those who obey Islam and those who believe in it as a way of life? Will the Islamic movements that call for freedom of expression open the door to these freedoms if they gain the seat of government? Freedom of opinion is also raised within the issue of democracy and the position of Islam towards it. Is Islam democratic or not? Does it believe in pluralism and the presence of parties with different intellectual precepts? Some of the members of the Islamic movements rushing to respond to these queries sometimes meet with answers that fit in with what is desired now.

Amongst them are those who say that Islam is democratic or that it is fundamentally based on party pluralism. In so doing they fall into a philosophical dilemma that they cannot evade, in addition to laying themselves open to others’ accusations. We find by means of objective independent consideration that Islam sees this subject from two angles: religious and non-religious.

If the matter is a non-religious one, then every individual may express his opinion just as he sees it, and in the fashion that is most convenient to him. At the birth of Islam and after it there were a number of events that pointed to freedom of opinion, and was established in these subjects: for example, the Prophet (Peace be Upon Him) indicated to the Muslims in a certain conquest that they should take up a particular position. One of his companions asked him whether this was the position that God had told him to take, or whether it was his judgement of war and strategy. The prophet said that it was his judgement of war and strategy. The prophet’s companion then told him in that case not to adopt that position, and pointed out a different position for the Muslims to take up, and they did so. In this vein also there was the disagreement between Abu Bakr and ‘Umar over the ruling on prisoners in the hearing of the Prophet, and equally the disagreement between a large number of the companions over the issue of the Caliphate and many other matters. These are well-known events.

As for religious matters, everyone is entitled to Ijtihad [independent judgement], and to take the view that his ijtihad leads him towards taking, so long as it [instruction on the matter] is not to be found in the text. Hence Islam made analogy one of its precepts, and one of its sources of legislation. Analogy means connecting like with like, in order to deduce the rulings that are not stipulated in the Quran and the Sunna. In this comparison and deduction of rulings there is ample room for opinion, and in making it a legislative source it shows consideration for opinion and a determination of its correctness.

Similarly, it is said in the Sunna that every Mujtahid [everyone who practices independent judgement] is a wage-earner, and if he is mistaken he gets one wage, and if he is right he gets two. The recompense for Ijtihad – whether it leads to the right or the wrong answer, is proof of Islam’s estimation of opinion, and its determination of its correctness.

This is supported by what many texts reveal in terms of the censuring of imitation and deploring those who imitate, forgetting their intellects and not liberating them from the captivity of imitation. And in the Sunna, there are many statements by the mujtahidin that they exercised Ijtihad so as not to imitate, and that they formed opinions for themselves, and that they made mistakes in them.

There is nothing in Islam or its texts to contravene freedom of opinion in the sense that we have clarified, and moreover they have to support and establish it. As for what Ibn ‘Abbas reported that the Prophet [Peace be Upon Him] had said: ‘whosoever inserts his opinion on the Quran takes a place in hell’, and what Abu Baker is reported to have said: ‘what sky will shade me and what earth carry me if I were to give my opinion on God’s Book?’ – this applies to the opinion that rests on pure fancy, and not that which depends on public interest or on a universal religious precept. As for the closing off of Ijtihad as happened during a period in the history of Islam, and the imposition of imitation on the Umma, this was not required by the precepts of religion or its texts, rather it was a cure resorted to by modern authors to block the gateway to anarchy as a case of committing the lesser of two evils. If the Muslims agreed to cure that anarchy, then there was nothing in Islam prohibiting Ijtihad.

Freedom of Education
Islam stipulated that the quest for knowledge was a privileged duty for every Muslim man and woman, and the Ulama [learned Islamic scholars] hold the highest ranks. Those who know and those who do not know are not equal.

‘Allah will exalt such of you as believe and such of you as have been given knowledge, to high degrees of rank’ [al-Mujadalah: 11]

And God said:

‘Say, ‘Are those who know (their obligations) equal to those who know (them) not?’’[al-Zumar: 9].

The Prophet (Peace be Upon Him) says: ‘Seeking knowledge is a duty and a privilege for every Muslim’, and this also includes women, as another account by Ibn Maja and al-Bihiqi about the Companion Anas Bin Malik (God Bless Them) indicates.

Islam specifies that every science leads to a religious or worldly interest, and this is required, and there is nothing to be found in its teaching to indicate that it confines knowledge or stands in the way of teaching. Indeed, there are in historical events, proofs that Muslims in different countries propagated different sciences and levels of the Ulama, who found no outlet for extending their sciences and theories except in Islam. What was translated into Arabic from the Persian sciences by Ibn al-Muqqafa’a and the likes of him, and what was conveyed from the Greek sciences in the al-Mansur, al-Rashid and al-Ma’mun eras, and the knowledge and teaching that was transferred to schools and centres of learning in Baghdad and Cordoba and Samark  is proof of Islam’s estimation for freedom of knowledge, and its support for teaching that continued to be conducive to construction and productiveness, not destruction and devastation. How can Islam and freedom of education not be in concord, when the first of Islam’s foundations is that the backbone of faith should be evidence, argument and consideration of the kingdoms of heaven and earth, and this consideration requires different sciences and knowledge and many theories and academic facts.

How could God charge Muslims to -

‘Make yourselves ready to meet them [your enemies] with whatever you can afford of armed force and of mounted pickets at the frontier’ [Al-Anfal: 60]

- if Islam restricted their freedom in making themselves ready for armed force by prohibiting research into the types of sciences and arts that are required to be ready in different ages?

Education between the appointed and the inadequate:
Education is [religious] appointed in the sphere of adorations and the related Sharia rulings, in as far as it leads to what is correct. It is also impose appointed in the sphere of Sharia provisions connected to the individual’s profession and work, so that his conduct be lawful and far removed from illicit or dubious behaviour, and so that he does not fall into this behaviour.

In other cases, education is impose inadequate for instance if some undertake it ,others wont be obliged to be involved. This is what is known as specialised education in all fields, and it is undertaken by one section of society without the other sections. God the Most High said:

‘It is not possible for the believers to go forth (from their homes for religious learning) all together. Then, why should not a part from every section of them go forth, that they may (learn and) become well-versed in religion and may warn their people when they return to them, so that they too may guard against (un-Islamic ways of life).’ [al-Taubah: 122]

It is worth mentioning that Islam urged that males and females be educated alike without discriminating between them. It is revealed in many of the Quranic texts and Prophetic Hadith, although the Prophetic Hadith contained instructions in particular on the duties of caring for females and concern for bringing them up and educating them.

The Arab Muslim woman has participated in the educational trajectory since the beginning of the Islamic calling, in the form of the mother of the faithful, ‘Aisha, daughter of Abu Baker (God bless them), and the mother the faithful, Umm Habiba Ramla, daughter of Safyan, and Asma’, the daughter of Abu Baker as-Sadiq, and Zainab, daughter of ‘Abdullah al-Asad al-Makhzumi, and Umm ‘Atia Nosiaba Bint Ka’ab al-Ansariya and others.

The Arab Muslim woman continued to participate actively with men in constructing society on all levels, and taking a big part in Arab Islamic civilization. And while we are talking of the right of the individual to education, we must not forget to make it known that Islam made education free and compulsory for every individual in order to eliminate illiteracy and the occurrence of school dropout. We should also make known the important role that some international educational and Islamic institutions have taken in nourishing educational levels, and attempting to eliminate illiteracy in many regions, such as the United Nations Educational, Scientific and Cultural Organisation (UNESCO), and the Islamic Educational, Scientific and Cultural Organisation (ISESCO), and the Arab League Educational, Cultural and Scientific Organisation (ALECSO).

The Unalterable Truth: Islam determines the truth of freedom of knowledge, and moreover it makes seeking knowledge a privileged duty for every Muslim. The persecution various sciences have undergone in certain ages is not due to the nature of Islam, rather it is due to the nature of some of its affiliates.

In this sphere, we must point out that Islam determined the right of every individual of society – irrespective of creed or sex – to treatment and access to medicine and the right to the establishment of hospitals and medical clinics and orphanages and asylums and other things related to protecting the health of citizens. Similarly Islam obliged the ruler to provide a sound environment free from epidemics and deadly diseases, and to do everything possible to provide a tranquil life for the citizen, in addition to providing work opportunities for every member of society.

The Second Issue: Equality
Equality is one of the most manifest mottos of Islam, and its texts and rulings establish equality in its fullest sense. Islam has realised equality amongst all of mankind regardless of their sex, their language or their colour, and men are equal like the teeth of a comb, there is no preference for the Arab above the non-Arab, or vice versa, no preference for white over black, and vice versa, except in piety.

Hence God does not raise men according to their figures or their bodies or their wealth, but according to the propensity for goodness in their hearts, and according to what they do to serve the country and its subjects, for all men are the children of one father. All of you come from Adam, and Adam comes from dust. The preference between them does not go back to their membership of a particular nationality, or a particular people or to their connection with a particular area or country. Rather the preference is based on the intimations of their hearts towards goodness, and the services they have offered at all levels.

God the Almighty said:
‘O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of Allah is (he who is) the most righteous of you. And Allah has full knowledge and is well acquainted (with all things).’ [Al-Hujrat: 13]

Islam raised the banner of piety in the shadow of God that man might be saved from sexual, territorial, and tribal fanaticism – all of that comes from the Jahili age of pre-Islam.

Similarly, Islam fought this Jahili fanaticism in all of its forms in order to establish its humanitarian regime under the auspices of one standard: that of God. The Prophet of God, Peace be Upon Him, said: ‘All of you are of the clan of Adam, and Adam was created from dust. Let the people honour their ancestors, or they will be less valuable to God than the dung beetles’. This was recounted by Abu Bakar al-Bazar in his tradition of abridged hadith. 

It is also said about Jahili tribal fanaticism: ‘leave it, it is rotten’, and this was recounted by Imam Muslim in his authentication of Jaber Bin ‘Abdullah’s hadith.

Islam anchored the precepts of this equality and legislated its limits to the people so that it was in accordance with human nature and gladdened the people in its shadow. It achieves for every individual the goodness, security, stability, peace and justice that he aspires towards. As for the [other, non-Islamic] call for equality that disregards human dispositions and that certain regimes adopt as their mottos, it has led to contrary results, because it considered invalid the value of the human being as a human being, and treated him as a tool, devoid of the emotions and aspirations that his nature requires, as it was created by God.

Islam does not differentiate between one person and another in its laws, and there is no one above the law, no matter what his position. The Commander of the Faithful and every single individual are equal in their civil and penury status; no one is distinguished by a special ruling or by special legal proceedings: everyone is equal before the law.  The case of the appearance of Imam ‘Ali Bin Abi Taleb (May God Bless Him) with his Jewish adversary in front of the judge is a famous one.

Equally, Islam does not distinguish between individuals in the enjoyment of rights. It accorded neither rank nor privilege to the members of any particular family; they had to be worked for. It thus paved the way for every worker. All positions in the state – from the Commander of the Faithful to the slightest position have the communal rights of the Umma, and neither lineage nor tribal fanaticism comes between the people and their rights. This is expressed by the Prophet Hashim [Peace be Upon Him],

 ‘Oh, Bani Hashim, the people do not come to me with [their] business when you come to me with [your] lineage. ‘Surely the most honourable of you in the sight of Allah is he Who guards against evil the most’ [al-Hujrat: 13]’.

Amongst the texts stipulating the principle of equality and making it one of the mottos of faith is God’s saying:

‘Believers are but a single brotherhood’ [al-Hujrat: 10],

and the Prophet’s saying: ‘your servants are your brothers’. In many Sharia rulings equality is ascertained, for instance in the Haj, when all of the pilgrims appear in the same clothing, bare-headed and in seamless dress; and in prayer, where everyone is in equal rows; and in punishment for crimes.  So it is in all Islamic rulings: their motto, whether in war or in peace, is justice and equality.

As for the Dhimmis [protected non-Muslim monotheists] and those under covenant, they enjoyed in their countries the sweetness of this equality in practice, acting on the Prophet’s words: ‘they have what we have and they must do what we must do’, and his words: ‘whosoever harms a dhimmi; I shall be his foe on judgement day’.

In Islamic history non-Muslims demanded the ruling of Islam for its justice and equality among all individuals with their different religions and colours. The witnesses to this are many and well-known.

Woman and the Principle of Equality:
For Muslim men and women,- for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in Charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in Allah.s praise,- for them has Allah prepared forgiveness and great reward.’ [al-Ahzab: 35].

Again, He says:

‘And their Lord hath accepted of them, and answered them: "Never will I suffer to be lost the work of any of you, be he male or female: Ye are members, one of another’ [Al ‘Amran: 195].

And He said:

‘To men is allotted what they earn, and to women what they earn’. [al-Nissa: 32]

It is worth mentioning that Islam establishes the principle of complete equality in humanity and in all rights that are linked directly to the common human entity – man and woman – in some rights and some duties – in accordance with what the nature of woman and her physical composition requires, and the tasks assigned to each of them.

In fact, Islam protects the innate femininity of woman and recognises her requirements. It does not repress them or confiscate them. Rather it stands between her and the route that leads to her abuse and the degradation of her womanhood. It protects her from the wolves of man that seize the daughters of Eve.

We can define the position of Islam towards the femininity of Woman as follows:
1)            It protects her femininity, so that she remains a spring for sentiments of gentleness, delicacy and charm. Thus some things are permitted to her that are prohibited to man – in accordance with what her nature requires and her function as a golden adornment and a pure silk garment. Anything that is averse to this femininity is prohibited to her, such as imitating man in his dress, movement and behaviour, and so forth.

2)            Islam makes the woman live in the shadow of the man. She has her expenses and needs provided for.

3)            Islam preserves her disposition and her bashfulness and it looks out for her reputation and honour, and preserves her chastity from the dangers of evil thoughts and bad-mouthing.

To realise these cases, Islam imposed the following on Woman:
1)      Averting her glance and preserving her virtue and innocence.

2)      Modesty and concealment in her clothing and embellishments without them constraining or being tight.

3)      Not showing concealed decoration to anyone except her husband and the Muharram [close relatives] with whom it is burdensome for her to conceal herself as she does with strangers.

4)      Reverence in her walk and in her speech, and not adorning herself [with jewellery etc.]

5)      Prohibition from being left alone with any man except her husband and the Muharram. Prohibition from mixing with strange men except in the case of necessity and in keeping with what is appropriate.

It is worth mentioning that Muslim women in the age of the Prophet and his Companionship and followers, met men in different religious and daily life occasions. That was not forbidden – indeed it was legitimate if it was justified and controlled. Therefore, not all mixing was forbidden, as it is depicted by the proponents of extremism. Equally, not all mixing is permitted, as it is circulated by the proponents of decadence and westernisation.

A Muslim woman’s duty is to commit herself to good guidance, the guidance of Muhammad (Peace be Upon Him) and the guidance of the Rightly Guided Caliphs and the Companions.

Islam – through these controls and legislative rulings – protects man and woman from acts of deviancy, and protects the family generally from causes of familial splits. And ultimately, it protects the whole of society from collapse and dissolution.

The one who reflects on good guidance finds that woman was not confined to the house or isolated. Rather she witnessed the community, Friday prayers and feast day prayers in the mosque of the Prophet. Women attended academic studies with men in the presence of the Prophet (Peace be Upon Him) and asked about matters of their religion which could have been awkward in the presence of the men, and they asked for a day to be set aside for them so that they could ask questions freely. The Prophet responded and set aside a day to preach to them, as is well known. As-Sayyida ‘Aisha, wife of the Prophet, extolled the women of the Ansar [followers of Muhammad from Medina], saying: ‘modesty does not prevent the women of the Ansar from becoming experts in the affairs of their religion’.

Female activity went beyond that to participating in the war effort represented by serving the army and the mujahideen, and this suited their temperaments for nursing, giving emergency aid and caring for the injured and preparing the food, etc.

‘Omar Bin Khattab during his Caliphate appointed the daughter of ‘Abdullah al-Aduwia as the market muhtassib [regulator]. During the lives of the prophets [Peace be Upon Them] we do not get a sense of the iron curtain that some people have put in front of women.

In Summary: The meeting between men and women is not in itself forbidden; indeed it is permissible if the purpose is to participate in a noble pursuit, a useful science or worthy work, or a charitable project or the like that requires cooperative efforts from both sexes, and requires joint cooperation between them in planning, direction and execution.

Other Rights of the Individual anticipated by the Islamic Course:

Family Bond and Rights of Neighbours
One of the divine commended norms in the life of the human being is his spiritual and emotional link with his relatives. This is a fixed norm which is not equalled in mankind. Islam cultivated this link and called for it to be deepened and transformed into a visible marker and a realistic phenomenon through which the spiritual link is translated into a pattern of behaviour and action on the ground. God the Most High linked piety with the bond of family by saying:

‘Regard Allah with reverence in Whose name you appeal to one another, and (be attentive to) the ties of relationship. Verily, Allah ever keeps watch over you. [al-Nissa: 1]

The bond of relatives is recalled in the context of His orders on justice and probity, when He says:

‘Allah commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition.’ [al-Nahl: 90]

He made the alienation of compassion a cause for the divine curse and said:

‘Then, is it to be expected of you, if ye were put in authority, that ye will do mischief in the land, and break your ties of kith and kin?.’ Such are the men whom Allah has cursed for He has made them deaf and blinded their sight [Muhammad: 22-23].

The Prophet of God [Peace be Upon Him] called for family kinship in all circumstances, and for the prevention of estrangement by preserving the bonds and relations, and anchoring the principles of love and cooperation and harmony. He said:

‘One’s kin is allied with God’s majesty. God’s recompense does not come for he who visits his kin, but for he who persists in keeping in touch with his kin when they have cut him off.’

Abu Dhar al-Ghafari (Peace be Upon Him), said: ‘The Prophet (God’s blessing upon Him) advised me to keep in touch with my kin even if they turned their backs.’ This comes in addition to other texts revealed on this matter.

With regard to the rights of neighbours, Islam created a great role for their link in the integral movement of society, which is the second greatest connection after that of relatives. Those close to the family have a reciprocal effect on the trajectory of the family, for they are part of the microcosmic society in which the family lives.

The Prophet [Peace be Upon Him] and the blessed Muslim Companions counselled the cultivation of neighbours’ rights and the striving to realise it in real life. He stressed this as one of the pieces of advice from God the Almighty: ‘Gabriel advised me on the rights of neighbours so much that I thought soon they would be declared to be partners in my inheritance’. One of the sayings of ‘Umar Bin Khattab [Peace be Upon Him], was: ‘[fear] Allah in the matter of your neighbours, for they were the subject of your Prophet’s advice’.

Neighbourly charity is one of the divine commands which must be cultivated and taken care of. It is not enough to refrain from doing harm: rather it is enduring harm in order to continue relations and to prevent estrangement, in addition to checking their circumstances and needs in conformance with the Hadith of the Prophet – ‘he who sleeps having eaten well while his neighbour goes starving is not one of us’, in addition to other famous texts on the right of neighbours.

This clarifies to us that Islam presents a realistic perspective of human rights in its legislation, which is in accordance with human instinct, and fixed in its positive vision, in that it defined rights through its commands and legal strictures, and specified the conditions and the guarantees through which those rights would be carried out and made prominent, clarifying the means by which they would be established.

All of this contrasts to what has been established in western capitalist thought, which connects the source of rights and its legislation with the principle of freedom, and leaves the matter of obtaining rights to individuals fending for themselves in terms of where they see their interests, and then binds them with imaginary restrictions, such as confirming that individual rights and freedoms end where the rights of others begin, or confirming the non-intervention of a state except in the case of freedoms being violated, and making its primary responsibility the protection of freedoms without taking care of affairs, which makes rights for the most part a theoretical issue which has no practical effect, because there is no way of agreeing interests, and because of the presence of a selfish tendency in many which ultimately leads to the strong dominating over the weak, and the capable holding sway over the incapable, and the imposition of legislation by the capitalist regimes to serve the interests of their own alone without taking care of the rights of all individuals in society.

Human rights in the view of the Islamic Sharia are rights linked to the greater goal intended by Islamic legislation, which is to realise creation’s servitude to God, and to preserve the intentions of the Sharia in human existence, for the Sharia is the preserver of necessities of human existence as defined by the Ulama [scholars] in the Ususl [Islamic precepts]. These are the preservation of religion, self, intellect, possessions and honour, in addition to preserving the necessities of this existence through the rulings on human relations in all usages, and from there, the preservation of improvements in human existence in terms of noble moral deeds and good practices.

From this the difference is clear between the organisation and practice of human rights in the Islamic Sharia and the western course, and it reveals the error of what is said by many thinkers and writers who suggest that there is a similarity between natural human rights in the west and human rights in the view of the Islamic Sharia. What is settled is that in Islam, the legitimate right of the human being is dependent on the divine tribute to man - and that is a gift bestowed by God the Almighty. It is linked to man’s servitude to God the Almighty, his acquiescence to His law, and his obedience to the Prophet Muhammad’s guidance.
 
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 (*) Former Dean of the Faculties of the Quran and Religious Usul and Da’wa [Calling], Al- Quds University, Palestine