[Islam] Nezir Akyesilmen: "Islam and Human Rights: Some Reflections on a Controversial Debate"

Contemporary discussion in political science and human rights literature, especially in Western academic circles, considers Islam and human rights incompatible. Yet analysis of the main sources of Islam, the Quran and Hadith -the traditions relating to the Prophet Muhammad- in fact show quite the opposite. Many sceptical of this tend to confuse methodology with content. Universal human rights are based on a secular philosophy[1] while the rights in Islam, like other religions, are divine-based. Therefore, while the source of legitimisation is different, the theme is the same.

In this article I will look at some of the arguments concerning the relationship between the concepts of Islam and human rights, focusing on a number of controversial points.

While the roots of Islam go back to the sixth century, the concept of human rights surfaced in 18th-century Western Europe[2] and has only been an issue in world politics for around 50 years.[3] Thus no one can expect Islamic law, formulated centuries ago to protect human rights in the terms of present day instruments. Moreover, human rights standards change with time according to human needs and interests. There is, therefore, an inescapable difference between contemporary human rights standards and those of Islam, but this does not mean that there is any contradiction or conflict. The conceptualisation and wording might be different but the target is the same: to protect human honour and dignity. In the same way as the modern human rights movement is based on the notion that all human beings are equal in worth, regardless of gender, religion or race, numerous verses of the Quran speak of honour and dignity for 'humankind' and 'the children of Adam,' also without any distinction.[4]

Human rights today are a group of rules and principles that constitute a specific branch of law. Islam, as a religion, aims to regulate all aspects of life while the internationalisation of human rights, especially after the second world war, aims primarily to halt human suffering from warfare. The existence of some tension between the two should thus not be unexpected.[5]

Those sceptical about the compatibility of Islam with universal human rights often point to conditions in Islamic countries as evidence that the religion itself is partly responsible for human rights violations. Yet Islam is not a determinant political force responsible for all political outcomes in these countries. With diversity in the social, economic and political processes and institutions of contemporary Muslim states, one cannot logically use the constant of Islam to explain authoritarian and human rights violations in these systems. If Islam were the culprit, then the polities of these systems would surely be characterised by uniformity.[6]

The fact that a socioeconomic order based on justice and equality remains more of a dream than a reality in the contemporary Muslim world is the fault of Muslims who have neglected the true teachings of Islam.[7] Sayed Khatab claims that Islam founded a state in its own ideology and made it a welfare state open to all, regardless of religion, ethnicity, language and other privilege, with all enjoying equality, justice and liberties that crystallise the reality of human brotherhood.[8]

It is now accepted that human rights need to be enjoyed in their entirety, as an indivisible and interdependent whole, in order that people may live a good life. Treaties on civil and political rights and those on social and economic rights only together form a basis for genuine rights. In the 1948 Universal Declaration of Human Rights all categories of human rights were covered in one document.[9] Therefore, there is one and only one set of human rights, but it has several dimensions. The dynamics of the interrelationships of civil, political, economic, social and cultural rights cannot be explained through categorising human rights because none by itself will suffice to accomplish the goal of providing an individual with the opportunity to realise his or her potential as a human being.[10] Likewise, in Islam, there is no notion of categorising individual rights and freedoms since human rights are an inseparable part of Islamic belief.

For a democratic system based on a developed human rights regime, the existence of a government based on the rule of law, which guarantees equal treatment to all citizens, is necessary. Islam also acknowledges the importance of impartiality in law enforcement and the centrality of justice as the foundation of a good society. The Quran orders: 'Say: My Lord hath commanded justice'[11] and 'Allah commands justice and the doing of good.'[12]

Islam could also be considered to be far ahead of its time in terms of its understanding of international peace and security. Historically, there has been a duality in international relations, which remains in the contemporary international order. While classifications have changed with time, discrimination has remained a constant factor. For the ancient Greeks there was Hellenic and non-Hellenic, later on Roman and barbaric, and then the West and the rest, or civilised and non-civilised. But in the Islamic understanding of international relations, apart from the House of Islam -dar al-islam- where Muslims live and the House of War -dar al-harb- where non-Muslims live, there is a third classification, the House of Peace -dar al-aman-, where Muslims and non-Muslims live together.

One of the most controversial human rights issues in Islamic discourse is freedom of religion. However, contrary to widespread belief, religious freedom is one of the most clearly defined and demarcated rights in Islam. This freedom, which can be defined as the right of the individual to uphold any creed without external pressure or coercion, is duly assured in the Quran, which states: 'There is no compulsion in religion.'[13] In another verse, Allah reminds his messenger that his duty is only explanation, not compulsion: 'And say: -It is- the truth from the Lord of you -all-. Then whosoever will, let him believe, and whosoever will, let him disbelieve.'[14]

As the last divine religion, Islam is intended for the modern period and is expected to provide space for modern ideas and values. Being universal and egalitarian in nature, Islam is quite in harmony with human rights, despite the existence of some tension. The instances of contradiction in the modern Islamic nation states should not be interpreted as an expression of real Islam.

The Muslim world should not refrain from accepting, protecting and promoting universal human rights. Muslims need to distinguish between Western political and economic hegemony and acceptance of universal standards of human rights, which are indeed in harmony with the spirit of Islam.

Endnotes:

[1] It is accepted that contemporary human rights are based on a secular philosophy, yet when the Universal Declaration of Human Rights is examined it is clear that its language is that of John Lock, the founding father of modern human rights, for whom the source of these rights was religion. Although in 1948 the UN General Assembly secularised the language of Lock in the Declaration, it can be argued that even the source of contemporary human rights is also religion.

[2] Peters, R., 'Islamic Law and Human Rights: A Contribution to an Ongoing Debate' in Islam and Christian-Muslim Relations, Vol. 10, No.1, -1999-, p.6.

[3] Donnelly, J., International Human Rights, -Boulder: Westview Press, 1998-, pp.26-30.

[4] Steiner, H.J, and Alston, P., International Human Rights in Context: Law, Politics, Morals, -Oxford: Oxford University Press, 2000-, p.396.

[5] Hikam, M. 'Islam and Human Rights: Tensions and Possible Cooperation: The Case of Indonesia' in http://www.asiafoundation.org/publications/rpt_othe1.html#Islamic -visited 12.11.2002- .

[6] Akhavi, S., Islamic Political Culture, Democracy and Human Rights, -Westport, CT: Praeger, 1999-.

[7] Yamani, A.Z., 'Social Islam in Islam' in Islamic Studies, Vol. 41, No. 1, -2002-, p.19.

[8] Khatab, S., 'Citizenship Rights of Non-Muslims in the Islamic State of Hakimiyya Espoused by Sayyid Qutb' in Islam and Christian-Muslim Relations, Vol. 13, No. 2, -2002-, p.163.

[9] Akyesilmen, N., Human Rights and Development: The Case of Southeast Anatolia Project -GAP- Regional Development Project in the Light of Rights-Based Approach and PANEL Analysis, -Colchester: Manuscript 2001-, p.7.

[10] Nanda, V.P., 'Development and Human Rights: The Role of International Law
and Organisations' in Shepherd, G.W. and Nanda, V.P., Human Rights and Third World Development, -London: Greenwood Press, 1985-, p.291.

[11] The Quran: Al-A'raf: 29.

[12] The Quran: An-Nahl: 90.

[13] The Quran: Al-Bakara: 256.

[14] The Quran: Al-Kahf: 29.