LAW AND INTERNATIONAL RELATIONS (PART II)
WEEK 9 (29 MAY - 2 JUNE 2023)
LAW & SOCIETY (LSC0164)
WEEK 9
LAW AND INTERNATIONAL RELATIONS (PART 2)
CONTENTS
Human rights are
BASIC CHARACTERISTICS OF�HUMAN RIGHTS
INHERENT - essential part or our lives, intrinsic.
UNIVERSAL - people have human rights whoever they are and wherever they are.
INDIVISIBLE - human rights must be enjoyed by everyone in its full range.
INALIENABLE - can’t be taken away or transferred (but can be limited when the exercise of it is an affront to the rights of others.
Human Rights can be classified as…
CIVIL RIGHTS – pertains to rights belonging to a person by reason of citizenship (e.g.. right to a name, right to freedom from discrimination, right to equality before the law, right to public trial, right to marry, right to leave a country, etc.)
POLITICAL RIGHTS – enables the people to participate in running or influencing the administration of the government (e.g. right to vote, right to freedom of expression, right to free and periodic elections, etc.)
ECONOMIC RIGHTS – pertains to access to resources- such as land, labor, physical, and financial capital- that are essential for the creation, legal appropriation, and market exchange of goods and services (e.g. right to work, right to own property, right to adequate standard of living, etc. )
SOCIAL RIGHTS – relates to living together or enjoying life in communities or organized groups (e.g. right to social security, right to social welfare, etc.)
CULTURAL RIGHTS – ensures the well-being of the individual and foster the preservation, enrichment and dynamic evolution of arts, manners and way of living of a group with principles of unity in diversity of expression ( e.g. right to take part in the cultural life, right to enjoy the benefits of scientific progress and its application.
2. International Instrument � on Human Rights
A) UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948
(UDHR 1948)
B) CAIRO DECLARATION OF HUMAN RIGHTS
3. Human Rights in Islam
All information on day to day affairs including Human Rights are explicitly given in Quran.
Hadith Provides Detailed Explanations and Interpretations
What Quran Says?
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Do not kill a soul (this implies animals too) which Allah has made sacred except through the due process of law ... (Quran 6:151)
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Whosoever kills a human being without (any reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind ... (Quran 5:32)
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"And whoever saves a life it is as though he had saved the lives of all mankind" (Quran 5:32).
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"Co-operate with one another for virtue and heedfulness and do not co- operate with one another for the purpose of vice and aggression" (Quran 5:2).
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"One who kills a man under covenant will not even smell the fragrance of Paradise" (al-Bukhari and Abu Dawud).
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"Do not kill any old person, any child or any woman" and do not kill the people who are sitting in places of worship" (Abu Dawud & Musnadof Ibn Hanbal).
The Islamic Approach to Human Rights
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Human Rights in Islam and Other Human Rights Declarations
Magna Carta American Constitution French Constitution
Universal Declaration of Human Rights by UNO
1215
1776
1789
1948
Human Rights in Islam
610-632
Summary of Various Human Rights in Islam
Rights to Life and Safety of Life
The first and the foremost basic right is the right to live and respect human life. The Holy Quran lays down very explicitly:
Implication
Islam is clearly against terrorism of all kinds and those who are involved in such activities can not be called Muslims
Respect for the Chastity of Women
Right to a Basic Standard of Life
Speaking about the economic rights the Holy Quran enjoins upon its followers:
“And in their (rich and prosperous people) wealth there is acknowledged right for the needy and destitute. (51:19)
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The above given quote from Holy Quran is a categorical and un- qualified order, which was given in Makkah where there were no Muslims that time and Muslims were in contact with the population of Non – Muslims only.
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Therefore the clear meaning of this verse is that anyone who asks for help and anyone who is suffering from deprivation has a right in the property and wealth of the Muslims. If a Muslim is in a position to help poor and destitute, it is his duty to do so. God has established the right of poor over wealthy Muslims, honouring which is one of the 5 mandatory acts of a Muslim.
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This act in Islam of helping poor and needy persons is called Zakat.
Right to a Basic Standard of Life Contd…
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Zakat is one of the 5 Pillars (absolutely mandatory acts) which makes it mandatory for Prosperous Muslims to help poor and needy people.
Zakat is a tax that rich people have to pay by way of helping destitute.
The purpose of Zakat is TO PROVIDE BASIC STANDARD OF LIFE to poor in the neighborhood and among those acquainted.
Individual’s Right to Freedom
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Islam has clearly and categorically forbidden the primitive practice of capturing a free man, to make him a slave or to sell him into slavery.
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On this the clear and unequivocal words of the Prophet Mohammad are that he hated those who enslaves a free man, sells him and eats this money.
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Slavery was common at the time of the advent of Islam but Prophet Mohammad encouraged his followers to free slaves and slavery was thus abolished during the lifetime of Prophet.
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This aspect needs to be compared with the Western World where during only one century (from 1680 to 1786) the total number of free people who were captured and enslaved only for British Colonies amounts, according to the estimate of British authors, to 20 million human beings.
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Over the period of only one year (1790) 75,000 human beings were captured and sent for slave labor in the Colonies.
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Slavery continued in USA till 19th Century and in a way came to an end only after South Africa finally shed anti-apartheid policy in 1980’s.
The Right to Justice
The Holy Quran has laid down:
just; that is nearest to heedfulness" (5:8).
This makes the point clear that Muslims have to be just not only with ordinary human beings but even with their enemies. Justice to which Islam invites is meant for all the human beings of the world.
Equality of Human Beings
This has been exemplified by the Prophet in one of his sayings:
"No Arab has any superiority over a non-Arab, nor does a non-Arab have any superiority over an Arab. Nor does a white man have any superiority over a black man, or the black man any superiority over the white man.”
Islam has provided a vivid example of how racism can be ended. The annual pilgrimage (Hajj) to Makkah shows brotherhood of all races and nations, when about 3.5 million Muslims from all over the world come to Makkah to perform the pilgrimage.
Islam is totally devoid of racial or caste feelings of any kind. Racial feelings are still prevalent in the West and India still has deep rooted caste divide.
Right to Co-Operate and Not to Co-Operate
Quran Says:
"Co-operate with one another for virtue and heedfulness and do not co-operate with one another for the purpose of vice and aggression" (5:2).
This means that the man who undertakes a noble and righteous work, irrespective of the fact whether he is living at the North Pole or the South Pole, has the right to expect support and active co-operation from the Muslims.
On the contrary he who perpetrates deeds of vice and aggression, even if he is our closest relation or neighbour, does not have the right to win our support and help in the name of race, country, language or nationality, nor should he have the expectation that Muslims will co-operate with him or support him.
Rights of Citizens in an Islamic State
Quotations from Quran and Hadith on Rights of Citizens
Quotations from Quran and Hadith on Rights of Citizens Contd...
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"No bearer of burdens shall be made to bear the burden of another" (6:164).
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Your Lord has commanded that you worship none but Him, and that you be kind to your parents. If one of them or both of them reach old age with you, do not say to them a word of disrespect, or scold them, but say a generous word to them. Act humbly to them in mercy, and say: “My Lord, have mercy on them, since they cared for me when I was small.” (Quran, 17:23- 24).
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Pay the wages of a laborer before his sweat dries (Hadith)
Other Human Rights Related Issues in Islam
These apply to women, children, old and sick people not participating in war. There are clear instructions that non-combatants are not to be killed, tortured or taken prisoners. People sitting at place of worship not harmed.
4. MALAYSIA AND HUMAN RIGHTS�
In Malaysia, provisions on human rights can be found in the Federal Constitution, Part II, Fundamental Liberties (Arts. 5 to 13).