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Haqooq-ul-Ebad. Human Rights. Those moral rights which every human being enjoys at every place for all times. e.g. Right to life, liberty, property, freedom of expression, worship and assembly etc. Human rights in Islam. Human rights in Islam are based on two characteristics.
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Haqooq-ul-Ebad • Human Rights. • Those moral rights which every human being enjoys at every place for all times. e.g. Right to life, liberty, property, freedom of expression, worship and assembly etc. • Human rights in Islam. Human rights in Islam are based on two characteristics. • Dignity of man • Equality of mankind • Justice
The concept of human rights may be conceptualized on two levels. On one hand these are : • a set of legal and formal articles demanding political commitment both at national and international levels. • On the other hand these are a set of social and cultural values, inherent in democratic and human societies/communities, such as tolerance, respect for dignity, social practice, truth and peace
Haqooq-ul-Ebad • What haqooq-ul-Ebad Are? • These are the rights of the individual upon other people. e.g. kindness, obedience to parents, justice etc • Haqooq-ullah. • These are those rights which are related to the society collectively enforced by the authority of the state, e.g. Abadats like salat (prayer) and fasting etc.
Freedom is both a principle and a value. It is because human beings are, are naturally free, that they have a claim to exert all rights and also share a responsibility as subjects of Law • Equality is a principle that maintains balance of power among and between different communities in a society/state. The rights of minorities and anti-slavery laws stem out of this principle. As a universal value, equality is concerned with the freedoms and rights of each individual, that is to say, other people are different but are equals • Social justice is the most important aspect of human rights. Human rights are a prerequisite for a just society. Human rights must be applied to every day life highlighting an ethical attitude to think in universal terms. Universal may be defined as what is legitimate and valid for all human beings, that is the notion of common good In everyday life, justice, as a principle, gives meaning to the relationships between people, that is individually and socially
Haqooq-ul-Ebad These are categorized as: • Sphere of Man. • Sphere of Family • Sphere of Neighborhood. • Sphere Social Life. • Sphere of Government.
Sphere of Man • Natural affection for children and wife. • Islam considers it not only an instinctive urge but also a religious obligation. • Rights of Children. • The Holy Prophet (PBUH) has described: • “ He does not belong to us who does not show mercy to our young ones and respect to our old ones” (Tirmidhi).
Rights of Spouses • “They are your garments and you are their garments”(2:187) • “Consort with them in kindness” (4:19) • The prophet (PBUH) has said “Among you the best are those who are good to their wives” (Tirmidhi).
Sphere of Family • It includes Parents, brothers, sisters and near relatives. • Rights of Parents • “ And serve Allah. Ascribe nothing as partner unto Him. Show kindness unto parents.(4:36). • “ And lower unto them the wings of submission through mercy and say: My Lord! Have mercy on them as they did care for me when I was little”(17:24). • The Prophet (PBUH) has said: • “Your parents are your heaven and hell” (Ibn Majah).
Rights of Relatives (Silah Rahim) It means the maintenance and support of blood relationship. The Quran says, “ And serve Allah. Ascribe nothing as partner unto Him. Show kindness unto parents and unto near kindred”(4:36). The Prophet (PBUH) counted it amongst the requirements of faith. “He who believes in Allah and the After life must show kindness to his relatives” (Bukhari)
Sphere of Neighbourhood • “Allah has enjoined to do good, unto neighbors who are near and unto neighbors who are strangers, and the companion by your side”(4:36). • The Prophet (PBUH) described, • The Angel Gabriel so repeatedly advised me about the rights of the neighbourers that I began to think that my neighbour is meant to be my heir” (Bukhari).
Sphere of Social Life • Rights of the Needy. • And in their wealth and possession (was remembered) the right of the (needy) , him who asked, and him who (for some reasons) was prevented (from asking). • Rights of Orphans • Come not near the property of the orphan save with that which is better till he comes to strength(17:24).
Rights of the Sick. The Prophet (SAW) expressed seven rights of a Muslim to other Muslim and one of them is visiting to the sick. (Bukhari). The Prophet (SAW) says, when a Muslim pays visit to a sick Muslim, he remains in the gardens of paradise till he comes back.
Sphere of Government • In an Islamic society the position of an individual is predetermined from social and administrative angles. • He is either a ruler or the ruled. • The Prophet (PBUH) says, • He who is entrusted with the responsibility to the Muslims but does not suffer hardship for them, nor thinks of their betterment will not enter the paradise” (Muslim).
Critical Analysis • Before the advent of Islam. No idea of universal brotherhood, liberty or equality. Man a saleable and purchasable commodity. Tyranny, Slavery and subjugation of man as norm of society. • Counter balance Mechanism • Inbuilt mechanism • Woman as the object of pleasure • Rights of one are the duties of others • Justice denoted as the sweet will of the powerful.
Features of System of Human Right 1.Creates Social norms & values. For example: norms & values of Islamic society that determine the behavior towards your family, relatives etc 2.Compel to help needy people. These haqooq try to create sympathy for the poor people & also inculcate the concept & spirit of helping other human beings.
Contd… • Islam introduced the principle of “Huqooq and faraiz”, that are obligatory and mandatory. • Human Rights in Islam were based on Dignity of man and equality of mankind. • The last sermon of Holy Prophet (PBUH) guarantees the equality of man and discards all the racial and ethnic ties.
Contd… 4. Foster the social harmony. When Muslims are ordered to take care of even their neighbors so the chances of social harmony increase. 5. Stern accountability for Haqooq-ul-Ebad. • Hadith of the holy prophet (PBUH) • Holy Prophet (PBUH) gave us the best practices & attitudes to emulate 6. Holy Prophet (PBUH) as Practical Example
History • Islam and KhutbaHujatulwida • The Magna Carta (1215) provided guarantees against arbitrary action by the Crown and then Habeas Corpus Act (1679) was the first attempt to prevent illegal detention • The American Declaration of Independence of July 4, 1776 proclaimed the natural human rights that were to be respected by the government. The declaration was based on the Virginia Convention of June 12,1776, which proposed the concept of individual rightselonging to each person
CHALLENGES TO HUMAN RIGHTS • the universal status of human rights is also accepted by all major religious groups, namely Judaism, Christianity, Islam Buddhism • the way the concept of human rights is perceived by different societies/nations is mainly coloured by the cultural and ideological foundations of the concerned societies, posing sometimes overt and covert challenges to the effective implementation of human rights as legal articles and social principles:
Universalisation: • The foremost challenge to establish human rights practice is the cultural and social diversification. Not all conventions and covenants are legally accepted by many countries of the world • Interconnectedness: • Human rights are said to be ‘indivisible’, one cannot bargain between a political rights such as freedom of speech and socio-economic right, such as the right to an adequate standard of living yet some countries will favour economic, social and cultural rights over civil and political rights or vice versa
Diversification: • Spreading human rights across cultures is good but, it can mean they are piecemeal and unsystematic more attention should be paid to appropriate education • Specification: • There is a morass of different instruments which recognize the human rights of specific groups – women, children, migrant workers, indigenous peoples,