You are on page 1of 50

Islam in a Modern State:

Democracy and the Concept of Shura

Dr. Fathi Osman

Center for Muslim-Christian Understanding


History and International Affairs
Edmund A. Walsh School of Foreign Service
Georgetown University
Washington, D.C. 20057

The Center for Muslim-Christian Understanding


The Center for Muslim-Christian Understanding: History and International
Affairs was established in 1993 by Georgetown University and the
Foundation pour l'entente entre Chrtiens et Musulmans, Geneva, to
promote dialogue between the two great religions.
The Center focuses on the historical, theological, political and cultural
encounter of Islam and Christianity, the Muslim world and the West.
Located in the Edmund A. Walsh School of Foreign Service and
Georgetown University, the Center combines teaching, research and public
affairs.
Center faculty and visiting faculty offer courses on Islam and the history of
MuslimChristian relations for undergraduate and graduate students at the
University. In addition, a broad array of public affairs activities and
publications seek to interpret the interaction of the Muslim world and the
West for diverse communities: government, academia, the media, religious
communities, and the corporate world.

Dr. Fathi Osman


Fathi Osman was a Visiting Research Professor at the Center for MuslimChristian Understanding in the spring of 1997. Dr. Osman has taught at the
University of Southern California, Temple University, Princeton University,
Imam Muhammad ibn Saud University, Al-Azhar in Egypt and Oran
University in Algeria.
Dr. Osman earned his undergraduate degree in Islamic Byzantine Relations
at the University of Cairo, Egypt, and his doctoral degree in Islamic
Economic and Financial Institutions at Princeton University in New Jersey.
his publications included: Islamic Thought and Human Change, An
Introduction to Islamic History, Human Rights Between Western Thought
and Islamic Law, On the Political Experience of the Contemporary Islamic
Movements, The Muslim World, Issues and Challenges, Jihad: A Legitimate
Struggle for Human Rights; Muslim Women in the Family and Society,
Shari'a in a Contemporary Society: Islamic Law and Change, and Concepts
of the Quran: A Topical Reading of the Divine Revelation.

Islam in a Modern State:


Democracy and the Concept of Shura
Democracy among Modern Ideologies
The term "ideology" has become dominant during the last two centuries,
starting in France with the philosopher A.L.C. Destutt de Tracy who used
the term to refer to the "science of ideas". As Encyclopedia Britannica
explains,
In the loose sense of the word, ideology may mean
any kind of action-oriented theory or any attempt to
approach politics in the light of a system of ideas.
Ideology in the stricter sense stays fairly close to
Destutt de Tracy's original conception, and may be
identified by five characteristics: (1) it contains an
explanatory theory of a more or less comprehensive
kind about human experience and the external world;
(2) it sets out a program, in generalized and abstract
terms, of social and political organization; (3) it
conceives the realization of this program as entailing
a struggle; (4) it seeks not merely to persuade, but to
recruit loyal adherents demanding what is sometimes
called commitment; (5) it addresses a wide public,
but may tend to confer some special role of
leadership on intellectuals. 1
The "-isms" that have dominated the nineteenth and twentieth centuries may
suggest that "ideologies are no older than the word itself - that they belong
essentially to a period in which secular faith has increasingly replaced
traditional religious faith" (emphasis added). 2
Britannica points out certain similarities between any "ideology" and a
"religion", since both are concerned with questions of truth and questions
of conduct, but the differences are perhaps more important... A religious
theory of reality is constructed in terms of a divine order and is seldom, like
that of the ideologist, centered on this world alone. A religion may present a
vision of a just society, but it cannot easily have a practical political
program. The emphasis of religion is on faith and worship; its appeal is to
inwardness and its aim is purification of the human spirit. An ideology

speaks to the group, the nation or the class. Some religions acknowledge
their debt to revelation, whereas ideology always believes, however
mistakenly, that is lives by reason. Both demand commitment. 3
However, with regard to Islam, one may be some reservations about the
distinctions between ideologies and religions presented in Britannica's
article, since Muslims believe that Islam presents a whole way of life in this
world and following it is a condition for the rewards of the eternal life to
come. Purification of the spirit cannot be isolated from conducting human
relations with others in this world, and both interact in the Islamic
perspective of faith and righteousness.
As for "democracy" in particular, it is the ideology that has survived
despite a general cooling in the fervor for ideologies as comprehensive
intellectual tools for change. Democracy has maintained its common appeal
to the modern human mind, at least with regards to its basic principles, in
spite of the considerable criticism that it has been facing conceptually and
practically, from its own supporters as well as its opponents. Derived from
the Greek words "demos" (the people) and "kratia" (rule), used to describe
early democratic forms of government developed in the sixth-century
B.C.E. Greek city-states, the term has been defined in a condensed way to
mean "the government of the people, by the people, for the people".
It originally designates "a government where the people share in
directing the activities of the state, as distinct from governments controlled
by a single class, select group or autocrat", according to the New Columbia
Encyclopedia, but has been expanded to describe a philosophy that insists on
the right and the capacity of a people, acting either directly or through
representatives, to control their situations for their own purposes. Such a
philosophy places a high value of the equality of individuals and would free
people as far as possible from restraints not self-imposed. It insists that
necessary restraints be imposed by the consent of the majority and that they
conform to the principle of equality. 4
Natural Law, Social Contract
Freedom and equality of all citizens or even all human beings represent the
cornerstones of democracy. A doctrine of "natural law" that supersedes and
prevails over any state law developed the idea of natural rights, such as the
rights of self-preservation, which in turn was used to support the rights of
citizens and human beings. Another support for natural human rights was
provided by the idea of "the social contract" that binds both the ruler and

the people by reciprocal obligations, in the view of the British philosopher


John Locke (1632-1704) and the Swiss-born philosopher Jean Jacques
Rousseau (1712-1778).
Representation, Elections, and Party Systems
Because direct democracy is difficult or even impossible to practice in
any relatively wide and populous country, representation has become an
essential principal and practice in democracy. Elections and political parties
have provided the mechanism for the representation of the people in
directing the main activities of the state, especially the executive and the
legislative branches. Universal suffrage and the multi-party system are
significant features in the democratic process, whatever disadvantages each
may have.
Dilemmas have always emerged for representative body in considering
the parallel and sometimes the sharply contradictory interest demands of
the: individual versus society as a whole; elite versus the masses; majority
versus the minority and vice versa; political democracy, economic
development and private enterprise on one hand and social justice, human
development and environmental preservation on the other. In addition, and
perhaps more importantly, a continuous challenge meets any ideology that is
by nature fixed in its fundamentals in the face of unceasing change in any
human society, which
requires dynamic creativity and continuous
reconsideration of priorities and redesignation of strategies. Meanwhile, the
state of constant elections often leads to a preference for short-term
compromises and appeasing the masses, and allows pressure groups and
lobbies to act vigorously - not always for the public interest or the
mainstream benefit. Moreover, while the mass media provide democracy
with amazingly efficient and effective means of communication between
the political leadership and the masses, these marvelous channels can be
easily tempted professionally or financially to be means of public
misguidance.
Democracy Stimulates Differences but Organizes Opposition
Democracy represents an ideal of justice, as well as a form of government. It
develops a belief that freedom and equality are inherently good and that
democratic participation in ruling secures, deepens and enhances human
dignity. Democracy starts in the family and at school, and both should
function in a way that nurtures democracy in a child's behavior. Democracy
is presented in another sense as a comprehensive way of life, not merely a

political system.
However, freedom of expression and assembly are essential for the life
and flourishing of democracy. No democracy can exist without securing full
rights for the opposition. James Madison (1751-1836), the fourth president
of the U.S. (1809-1917), once wrote, "Liberty is to faction as air to fire."
Freedom that promotes faction is valuable since false consensus or
disappearance of differences may mean tyranny or stagnation. A democracy
cannot deserve such a name if no differences or opposition exists. Yet,
differences and opposition must be handled legitimately, without moral or
physical assaults against opponents. Since democracy means freedom and
equality, individual and group differences will always emerge, and this is
healthy, as long as it is practiced properly.
Political Democracy and Social Justice
Modern democracies believe now, differently from what was
established theoretically and practically before, that an interference of the
state in the economy (to some degree without sacrificing the essence of
democracy) may sometimes be necessary in order to deal with difficult
problems like a severe recession, or to secure social justice, "The New
Deal" promoted by President F.D. Roosevelt (1933-1945) to handle the U.S.
recession in the 1930s is landmark in this respect. Western democracies
have advocated and practiced to different degrees the concept of a "welfare
state", especially when political parties with various socialistic tendencies
rule.
Contradictions of the Democratic West
Democracy has to be universal for all of humanity: the rich and the
poor, the developed and the developing. Exporting tobacco to other
countries without a health warning; shipping food, medicine, chemicals and
other products without expiration dates; ignoring the safety precautions or
the inevitable harm of certain industries as long as they are established in
other countries; and moving the nuclear waste to the open seas - a common
property of all humanity - all such actions are not only undemocratic but are
anti-democratic. As emphasized by Thomas L. Pangla, a professor of
political science at the University of Toronto, in his book The Ennobling of
Democracy: The Challenge of the Postmodern Age 5, liberal democracy is
forced to re-examine its internal structure and fundamental aims, especially
after being deprived of its traditional enemy at the end of the Cold War. In

the author's view, a significant negative in the postmodern age has been the
"moral relativism" of many mainstream Western intellectuals. Pangla writes,
Philosophers of modernity, from Spinoza to Locke to
Kant and even Hegel, spoke not simply of human
rights but emphatically of 'natural rights', issued in
moral 'laws of nature's God', and accompanied by
such foundational concepts as the 'state of nature', 'the
social contract', and 'the categorical imperative'.
Nothing characterizes the spiritual climate of the
West today so much as the persuasive disbelief in
these once all-powerful philosophical pillars of
modernity. Our philosophical currents are negative,
skeptical, disillusioned. The postmodern is not 'what
exists after modernity'; it is rather the state of being
entangled in modernity, as something from which we
cannot escape but in which we can no longer put on
final faith The cultural, moral, religious and even
the civic permission of the Enlightenment were
fulfilled in a much more ambiguous and controversial
fashion than the mathematical, economic, and
technological promises. The great attempts by the
political philosophers of the Enlightenment to provide
systematic, rational and generally acceptable
foundations for public and private existence have
proved to be inadequate. This is by no means to say
that they have been altogether a failure.
He argues that a serious challenge has been posed to postmodernism by the
emerging democracies of Eastern Europe which make demands on Western
thought that post- modernism has been unable to meet6. Along a similar line,
Aslam Munjee has written The Rape of a Noble Ideology: U.S.A. in
Perspective 1783-1985. 7
Although all of humanity lives in an era of globalism through the
fascinating technology of transportation, communication, and information,
and thus are all human beings are living in one village or "riding the same
boat", egotistic attitudes and visions dominate international relations especially the material and cultural relations - between developed and
developing countries. Instead of military power, the developed West uses its
economic and technological superiority to obtain "secure" markets for its
products, and "security" is defined by the West on its own political and

ideological terms.
One may be reminded of an earlier challenge to the West before the
postmodern age: that of previously colonized countries that became
independent and looked to their former colonizers for advice and help in
developing and modernizing the political, economic and social systems
within their countries.
Democracy in Developing Societies
"In the industrialized countries of the West," A.H. Somjee points out in his
book The Democratic Process in a Developing Society, 8
economic development, urbanization and some
measure of social equality preceded the formation of
democratic institutions. In some of the developing
countries, on the other hand, this process has been
reversed. There, the
strategy of economic
development at the expense of political liberation has
not found many supporters. For such countries, a
slow pace of economic advancement through the
democratic process in not the only problem.
However, "although so far very few of these (developing) societies have
been able to sustain and strengthen their liberal institutions", the author
continues, "their gradual democratization is as likely to take place as their
liberal institutions". In his preface, Somjee refers to Robert Dahl's
suggestion that the democratic process is essentially concerned with two
sets of related activities: exercising influence on leaders, and making
governments responsive and accountable. Yet, Somjee underlines something
distinctive in a developing society:
Within the situation of a developing country like
India, however, the term "democratic process" has to
mean more than that. To be able to attain the position
referred to by Dahl, first of all the individual must be
released from the constraints of the primary groups
to which he (/she) is born, so that he (/she) may
exercise his (/her) political choice in an uninhibited
fashion. Simultaneously, the democratic process has
to help him (/her) to grow in understanding and
capacity, so that by trial and error and working in

concert with his (/her) fellow men (women), he


(/she) can learn and use his (/her) new political status
to demand effective solutions to the problems which
afflict them (emphasis added).
As examples for the challenges that the democratic process faces in India,
the author notes: "With the exception of its top leadership, the main interest
of the Congress Party as an organization was to line up the votes of the
Christian and Muslims rather than involve them in the wider democratic
process of India".9 He adds:
The survival of the democratic process in any society
depends on its ability to address itself effectively to
its basic problems. But this it can do only with the
help of party
organizations. No matter how
conscious or involved the electorate may be, it
cannot take the place of party organizations. It can
merely observe, evaluate and replace one party by
another. While the democratic process may be said to
have struck root in India, the state of party
organizations, on which its survival depends, is far
from satisfactory. 10
However, there is no available framework that secures equal rights and
responsibilities for all individuals and groups in contemporary pluralism
better than democracy, and there is no other framework that makes possible
self-criticism and self-correction within the system itself and while it is
functioning.
Islam: A Faith and Worship,
As Well As a Comprehensive Way of Life
Islam is a religion, not a mere political system; it appeals primarily to the
inwardness of the human mind and spirit, the promises the whole
fulfillment of every individual and absolute justice in the eternal life to
come. However, it requires that the individual's spiritual development be
represented and reflected in reforming personal behavior and social
relations, in order to prove innate change and achieve salvation with its
eternal rewards.
Islam not only has a vision of a just society, but also presents general

principles of a whole way of life for the individual, the family, the society,
the state, and the world relations in order to secure balance and justice in
the whole human sphere. It offers the basic moral and organization rules for
relations between man and woman, between the elderly and the young in
the nuclear and extended family, and in the society, between the haves and
the have-nots, between the rulers and the ruled, and between Muslims and
others within the local society and throughout the world. Like ideologies,
Islam does not provide detailed practicalities and programs, since such
details are changeable to fit unceasing change in human circumstances in
different times and places. Islam allows extensive room for the creativity of
the human mind to cope with emerging changes, for the human mind is
God's gift to be fully used and developed, it should not be restricted or
crippled by that other gift of God, His guiding messages. It is the same One
God who created the human being, and who grants him or her spiritual,
moral, and intellectual faculties, and to whom He has sent His guiding
messages as well, both are made in accordance with the all truth. 11
Thus, no contradiction between both may exist; And so set your face
(and direct yourself) sincerely towards the faith, which is in accordance
with the nature upon which God has originated human beings...
Gods messages aim to develop the human being in his or her totality:
spiritually, morally, intellectually, physically, individually and socially, and
to guard him or her against egotism without suppressing or pattemizing
human individuality and personal creativity. Divine guidance develops
individuals through to their full spiritual potential instead of being deformed
by selfish greed in a material civilizationas the American philosopher
John Dewey has sharply pointed out.13
Therefore, Islam can be presented to and dealt with by a non-Muslim as
an ideology, with some flexibility in using the term since it was coined for
human ideas, or as general principles for a comprehensive way of life.
Naturally, however, the intellectual conviction cannot provide the same
moral depth, width and constancy as a religious commitment, which looks
for the acceptance of the Absolute Supreme and the reward of eternity.
Freedom and equality for all human beings are, for the believers in God,
definite results of the belief in the One who is the only distinctive and
supreme the One to whom all greatness belongs, 14 there is nothing like
unto him,15 there is nothing that could be compared with Him. 16
All human beings are equally Gods creation, and each is free since he
or she is only subject to Gods physical and moral laws, and each is equal to
any other human being. Caliph Umar (13-23H/634-44 C.E.) tersely
addressed the Muslim governor of Egypt whose son beat an Egyptian child,

Since when did you impose slavery on human beings while their mothers
bore them free! 17
However, the religious dimension in the Islamic ideology or plan, of
individual and social, local and global reform, does not mean the
establishment of a theocracy. There is no clergy in Islam; any intelligent
human being who knows the language and the style can understand and
interpret Gods message and no supernatural or metaphysical power can be
required or claimed for such a work.
Gods message has been preserved and made known publicly through
centuries; and no human being can add to it or detract from it. The ideology
of Islam, if we may say so, is not totalitarian. It does not dictate details that
dominate every moment or make an imperative for any human thought and
move, nor does it claim to provide a definitive prescription in advance for
every specific problem that may emerge at any time in the future. Islam
presents the essential guidance that allows the creativity of the human mind
to conceive, infer from, and build upon it. The ruling authorities cannot
monopolize providing the interpretation of the divine guidance or offer new
solutions for emerging problems from above without involving the people,
and every sane adult has the right to participate in such a process.
Human Dignity
Human freedom and equality are fundamental in any democracy. Similarly,
Islam considers human dignity fundamental to its guidance for the right
way of life. The Quran reads: We have indeed conferred dignity on the
children of Adam, and carried them on land and sea, and provided for them
sustenance out of the good things of life, and favored them far above most
of Our creation (emphasis added). 18 All the children of Adam, whatever
their race, ethnicity, gender, age, social status and beliefs may be, have been
granted dignity by their Creator without any distinction, and this human
dignity must be secured and maintained by His guidance and laws through
the Muslim teachers and authorities, and should never be subjected to
violation or declination. Human dignity is comprehensive; it encompasses
all human dimensions: spiritual, moral, intellectual and
physical.
Sustenance from the good things of life must be secured for every human
being through fair conditions of work and decent social welfare for those
who cannot work temporarily or permanently. Freedom to move from one
place to another is an essential feature of human dignity that fulfills the
universality of the human creature with his or her unique spiritual, moral,
and intellectual potential. Any restrictions in this respect within the country

or throughout the world must be considered against human dignity. Human


dignity comprises the fulfillment of obligations as well as the security of
rights.
Thus, the Quran uses the word dignity to underscore the correspondent
human rights and obligations, which should be together carried out to
secure the human dignity. Thus, a selfish view of freedom or human rights
(which was noticed, for example, in French society after the 1789
revolution and in some Eastern European societies after the collapse of
communism) can be avoided.Early jurists gathered out from the various
rules of Islamic Law (sharia) held that its goal is securing and developing
the human being in these five basic areas: life, family and children, mind,
freedom of faith, and rights of ownership whether private or public. Human
dignity is supported in Islam by educational and organizational measures,
and is not presented as empty words, mere rhetoric or personal piety.
Shura in the Islamic Way of Life
Islam teaches that God alone is the One who is All-knowing, All-powerful
and must be obeyed unconditionally according to a genuine conviction and
belief. 19
Human beings have relative knowledge and no absolute power. They
are all equal and enjoy dignity granted to them by God since their creation,
and each is accountable in this life and in the life to come for his or her
deeds. Every matter, even the faith itself, should rely on ones conviction
about what is right and what is wrong without any coercion or intimidation.
As the Quran says, No coercion is [allowed] in matters of faith. 20
Based on these beliefs, any human being cannot decide arbitrarily and
independently a matter that concerns others and not himself or herself
alone, nor claim if he or she does so, an immunity from accountability. The
Quran makes shura or participation with others in making a decision
that concerns them, subsequent to and a consequence of the faith in God. It
represents the positive response to His message and comes next to making
prayers to Him, and those, who respond to [the call of] their Lord, and keep
up the prayers, and whose rule in a matter [of common concern] comes out
of consultation among themselves... (emphasis added). 21
The initiative of involving others in making a decision of common
interest has to come from those who are responsible for leadership and
making such decisions. However, those concerned people take the initiative
to offer their nasiha (advice) to the leadership in a suitable way when they
find this necessary, since giving advice is an obligation of every individual

towards leaders and the public as well aimat al-Muslimin wa


ammatihim, according to a tradition of the Prophet reported by Muslims.
Enjoining the doing of what is right and good and forbidding the doing of
what is wrong and evil is the responsibility of the state authorities as well as
the people and any group of them. 22
Shura is not limited to the political field; it has to be developed starting with
the family base to be a general way of life in all areas. Spouses, even in the
case of divorce, have to conduct family matters by mutual consent and
counsel (emphasis added). 23 Both requirements have to be fulfilled
together without split, since consent must be based on mutual consultation
and not taken for granted, and consultation should lead to mutual consent
and not be exercised as a superficial formality. The child has to be educated
to express himself or herself freely but properly about what ought to be
done or avoided. 24 The family and the school have essential roles in
developing shura as a way of life.
Shura means a serious and effective participation in making a decision, not
merely a ceremonial procedure. The Quran addresses the Prophet who
received divine revelation to rely on shura in making decisions concerning
common matters for which no specific revelation had come: and take
counsel with them in all matters of common concern; then, when you have
made a decision (accordingly), place your trust in God. 25 If the prophet is
addressed to involve the believers in decision-making regarding a common
matter for which no specific revelation exists, all the believers a fortiori
must follow this teaching. The distinguished Andalusian Quranic
commentator Ibn Atiyya (d. 546H/1151 C.E.) stated his commentary on
this verse: Shura is one of the basics of Islamic law (sharia), and a
mandatory rule; and any [who is entrusted with a public authority] who
does not take the counsel of those who have knowledge and are conscious
of God, should be dismissed from his [or her public] position, and there is
no argument about that. 26
The Prophet consulted his Companions when he confronted his enemies
from Quraysh who challenged him and camped near Medina. In accordance
with their opinions, he decided to meet his enemies in the battle of Badr in
the year 1 H./622 C. E. Later, the Prophet also consulted his Companions
about whether to go out of Medina to meet the attacking army or to stay in
and defend the city when they attacked; he followed the majority opinion
and met them in the battle of Uhud in 3H./624 C.E. In the attack of a tribal
coalition against Medina in the year 5H./626 C.E., when the Prophets

suggestion to give an attacking tribe some of its fruits to persuade their


withdrawal was not approved by some of his Companions, he went along
with them. Even in his private life, when his wife Aisha faced a false
accusation shortly afterwards, he asked his Companions for their opinions.
Later on, in the year 23 H./644 C.E., as soon as Caliph Umar was stabbed,
he appointed a committee to discuss, among themselves and with the people,
who would succeed him; and their decision had to be made by the majority.
It is obvious from the previously-mentioned verse [Quran 3:159], that any
decision made should be based on the results of shura. It is evident in the
historical events that the decisions taken were based on the opinions of the
majority. Although the minority or even a single person may be right and
the majority may be wrong, reliance on majority opinion is the only
reasonable and acceptable procedure among human beings, for the risk of
error in such a case is far less than in an individual or minority opinion.
Freedom of expression and freedom of assembly are essential to determine
the right decision among different views, and opposition is naturally
indispensable for the life and efficiency of shura..
Besides, the courts, especially a supreme or constitutional court, can always
check the constitutionality and legality of any decision. In case of any
violation of the general principles of the Islamic Law (sharia), any decision
made by any authority can be overturned by courts.
Shura in the Political Life
Everyone has the right and obligation to participate in deciding who will be
their leaders and representatives by shura, and the elected public bodies
must reach their decisions by shura. The Quran states that a majority of
human beings may not always be on the right track (see, for example,
2:243, 6:116, 7:187, 11:17. 17:89, and 37:71), but it never teaches that a
majority of reasonable and sincere people can be less reliable and more
erring than an individual or a minority among them; this is sharply pointed
out by Muhammad Abduh and Muhammad Rashid Rida in their prominent
commentary on the Quran. 27 The majority can make mistakes, but making
mistakes is human and humans are only required to make serious efforts to
determine what is right and to avoid mistakes, making use of accumulated
human knowledge and experience about the discussed matter. Such
requirements can be met far better in a majority decision. As previously
mentioned, many precedents can be found in the life of the Prophet and the

early Caliphs about decisions made according to the majority even if they
differed from the leaders view. Islam teaches that an individual must
adhere to the society or community (al-jamad), and the majority can only
be identified in such a case. A Prophets tradition urges one to follow the
most overwhelming majority (al-sawad al-azam) in case of a serious split
(reported by Ibn Hanbal and Ibn Majah).
The primary area for shura is in choosing the head of the state. In our times,
the state leader may be directly chosen by the people or by their elected
representatives, and may be the head of the executive branch, or just a
symbol for the state while the actual authority is given to the prime minister.
In the last case, the prime minister is the leader of the political party whose
candidates have won the majority of the seats of the representative body,
which may also be called the parliament. The Quran states: O you have
attained to faith! Obey God, and obey the Conveyor of the Message [of
God] and those from among you who have been entrusted with authority by
you; and if you are at variance over any matter, refer it to God and the
Conveyor of the Message [of God] if you believe in God and the Last day;
this is advantageous [for your human relations] and most appropriate for
reaching what is right (emphasis added). 28 The verse indicates that those
who are in authority should be those from among you who are entrusted
with authority by you (ulu al-amr minkum). This may remind us of the
characterization of democracy as establishing the government of the
people by the people for the people.
While a democratic decision has to comply with imagined natural human
rights or a social contact as a safeguard against any possible majority
injustice, Muslims and those who are entrusted with authority from among
them, by them are bound by the goals and general principles of sharia
that secure human dignity, and guard and develop for all human beings:
their life, families and children, minds, freedom of faith and ownership of
private or public property.
According to the Islamic historical precedents, there is a real binding
contractnot a fictitious onebetween the ruler and the ruled. The mutual
pledge, which was called baya, holds the ruler responsible for assuring
the supremacy of Gods law (sharia) and justice, securing human dignity,
serving the public interest, and fulfilling the entire duties of the position,
while it holds the people responsible for supporting the ruler, obeying his
decisions that comply with Gods law, and fulfilling their obligations. 29
The preceding verse implies that those who are entrusted with

authority by the people form organizational bodies are not considered


mere individuals, since they are always referred to in the Quran in the plural
[see 4:59, 83].
Moreover, differences may naturally emerge within these bodies that
which are entrusted with authority, or between them and the people or
groups of them. The parties at variance are referred to the guidance of God
and the Conveyor of His message, which may be presented and decided in
the most appropriate way, whenever this becomes necessary, by a supreme
court.
The head of the state can he elected directly by the- people or by the
parliamentary representatives of the people, or can be nominated by these
representatives and introduced to the public vote. Any procedure can be
followed according to its own merits and to the given circumstances, and
Islam accepts that which is in the interest of the people. 30 Early Caliphs
were chosen primarily from a narrow circle and vested by baya, then the
chosen Caliphs would go to the public to get their acceptance through the
public baya. As previously indicated, baya is a mutual pledge: from the
ruler to follow the Islamic Law and satisfy the public, and from the people
to support the ruler and advise him.
Other Areas for Shura
* Shura has a role in the election of the peoples representatives in the
parliamentary bodyor bodiesand its practice of legislation, guarding the
public interest through checking the executive exercise of power, and
pursuing the peoples concerns. When the principle of one person, one
vote fails to secure a fair representation of any group: ethnic, religious or
social (i.e., women), justice (the main goal of sharia) has to be secured by
appropriate means in the given circumstances, such as assigning for each of
such groups a certain number of seats in proportion to their size, which
would be exclusively contested in certain constituencies or in the country as
a whole by those who are related to the group, as some democratic ideas or
practices have indicated. In addition, a limited number of seats, which
should represent a minority in the whole parliament, may be occupied by
elected representatives of professional or social organizations. Continuous
democratic experiences always contribute ways for reaching the best
possible representation of the people and their diverse structure and interests.
*Discussions, hearings, and reaching decisions by the representative body
and its committees, within themselves, with the executive bodies or with

other organizations or individuals in relation to any public concern,


represent a vital area for the practice of shura.
*A significant practice of shura may occur if public referendum is found
appropriate in certain matters of special importance, which may be decided
by the legislature or by a required number of voters through an indicated
procedure.
*In the executive branch and its departments, shura naturally has its place in
the discussions and decisions.
*Shura has also to be practiced in the elections of leaders and boards in
workers, professionals and students unions, and in the discussions and
decisions of these elected bodies, and in any wider conference they may
arrange.
*Technical and professional shura ought to be conducted in schools,
hospitals, factories, companies or any other business.
*In the courts, shura is followed when there is more than one judge ruling
over the case, or when the jury system is applied.
Voting
The democratic mechanism in elections and decision-making is voting, and
its known and accepted form is one person, one vote. This procedure was
suggested by Caliph Umar for the committee that he appointed to
determine who would succeed him as Caliph after being stabbed. It was
further evident from many historical precedentsof which some have been
previously mentionedthat the Prophet and the early Caliphs followed the
visible majority in making their decisions. The above-mentioned tradition of
the Prophet teaches that one has to follow the overwhelming majority (alsawad al-a zam) when there is a serious spilt.
To those who argue that one person, one vote makes the judgment of the
most knowledgeable person equal to that of the most ignorant one, one may
reply by saying that, in relation to the common interest of the people, any
adult with common sense and civic abilities and experience can make a
judgment. Campaigns that support different candidates views and the mass
media provide valuable information for a serious voter. Any discrimination
in the votes, on whatever grounds, may be arbitrary. Judgment about a

public matter of an uneducated but experienced person may be more sound


than that of an inexperienced university graduate.
Women are equal to men in public responsibilities as the Quran explicitly
states: And the believers, both men and women, are in charge of [and
responsible for] one another: they all enjoin the doing of what is right and
good and forbid the doing of what is wrong and evil... 31 Womens views
regarding who should succeed Caliph Umar were pursued, even those of
women who were staying in their homes. 32
The notable commentator on the Quran Ibn Jarir al-Tabari [d.
310H./922 C.E] and the prominent jurist Ibn Hazm [d. 450CH./668 C.E.]
stated that a woman can occupy the distinguished position of a judge, if she
is qualified for it. 33 The Quranic verse about making a male witness equal
to two female witnesses in a credit contract indicates that this is meant
when a woman might not be familiar with such transactions and their legal
requirements, so that if one of them should make a mistake the other could
remind her [2:82]. It is obvious from the Quranic text, the historical social
context, and the jurisprudential principle that: a legal rule follows its
reason: if the reason continues to exist, the rule holds, and if the reason
ceases to exist the rule is not appliedall this makes it obvious that the
verse does not address educated or business-experienced women, nor
address common human interests which do not require specialization.The
distinguished jurist Ibn al-Qayyim [d. 751H./1350 C.E.] indicated in his
book, al-Turuq al-Hukmiyya (Ways of Ruling), as well as other jurists, that
this rule does not apply to the testimony of a woman in other areas that she
may know well.34 If some jurists stated that a woman could be a judge, then
the verse about her testimony cannot be understood as a general rule for the
whole gender in all times and places.
Candidacy
Elections require several candidates from whom to chose for a position.
Caliph Umar nominated six distinguished persons from which one might
be chosen as a candidate for the caliphate to succeed him. Some argue
against such a procedure from an Islamic point of view, arguing that the
Prophet said he would not appoint in a public position one who had asked
for it. 35 According to scholars in this field and jurists, this is interpreted as
a warning against asking for a public position merely for a personal benefit
without considering its responsibilities and the required capabilities for
fulfilling them. One who is capable for a public position, fully aware of its
responsibilities, and thinks that he or she can fulfill them and commits
himself or herself to do so, can ask for the position and mention his or her

qualifications for it, as the Prophets Yusuf [Joseph] and Sulayman


[Solomon] did. Yusuf said to the King of Egypt: Set me in charge of the
store-houses of the land, I am a knowing and honest guardian [12:55], and
Sulayman prayed: O my Lord! Forgive me and grant me a kingdom such
as may not befall anyone after me [38:35]. It goes without saying that
presenting the candidates merits and capability for the position, and
criticizing others in capabilities should follow the legal and ethical
principles of Islam. The requirements for a candidate, or what may bar a
person from a candidacy can be decided in the light of Islamic legal and
moral teachings, and according to social circumstances.
In Islam, women may be members of the parliament, ministers, judges,
and-military and police officers, according to their merits and credentials,
since they enjoy equal rights and responsibilities to men in joining the
doing of what is right and good and forbidding what is wrong and evil. 36
Non-Muslims represent an inseparable part of the society and the state and
have the right and duty to occupy positions in the executive, legislative and
judicial branches and in the military and police as per their merits and
credentials, according to the Prophets constitutional document in Medina
and several historical precedents. A modern state is ruled by bodies, not by
individuals, and non-Muslims would represent in any body their size and
weight in the society. The prominent Shafii jurist al-Mawardi (d.
456H/1068 C.E.) stated that a Caliph can have a non-Muslim executive
minister.37 Non-Muslims were known as ministers and top officials in
Islamic states such as Egypt and Muslim Spain. As for a non-Muslim judge,
he or she has to apply the state code of laws according to whatever his or
her beliefs may be. However, the areas that are related or close to the faith
such as family matters and waqf (a property of which the revenues are
permanently allotted to charity or certain beneficiaries) can be assigned to a
judge of the litigants faith.
Multi-Party System, the Opposition
Political parties are essential for democracy, as they help people form their
views and choices about persons or policies. Besides, the individual finds
himself or herself helpless to oppose governmental authority, especially in a
modem state with its enormous power provided by advanced technology in
suppressing opposition and in influencing public opinion. The multi-party
system has proved to be the mostif not the onlydemocratic formula in
this respect. The one-party system has never allowed any real or effective
opposition within itself, and such an opposition can never grow outside from
it individuals who have no vehicle to contact the masses, and no power as

individuals to challenge the government with all its authorities and


oppressive measures.
Islam secures the right of assembly, and the Quran urges that groups
may be formed to enjoin the doing of what is right and good and forbid
what is wrong and evil, which is the essence of politics: And let there be
from among you a community (umma) that calls to good and enjoins the
doing of what is right and forbids the doing of what is wrong [3:104]. The
word umma used in the verse may not always mean the whole community
but just a group of people,38 especially when the word is connected with the
preposition from, as in the above mentioned verses: from among you...
(minkum). This need not hurt the fundamental unity of the people, since
political differences are human and inevitable, and thus should not affect the
public unity if they are properly handled in objective and ethical ways. As
politics represent an area of human thinking and judgment and discretion
(ijtihad), the Quran assumes that Muslims may face differences and even
disputes,39 and they have to settle them according to the guidance of the
Quran and the Sunna. Different legitimate approaches towards the
understanding and interpretation of the divine texts and implementing them
may naturally arise. Early Muslims had their conceptual differences from
time to time, and they argued about the state leadership after the Prophets
death. Their political differences were represented in certain groups, which
freely and openly expressed their diverse views on that occasion in a public
meeting at al-Saqifa. Later, Muslims had several theological groups with
different political concepts, as they had their different jurisprudent! al
schools, and such differences should not by any means hurt the public unity,
when they are objectively and ethically tackled.
Accordingly, Muslims can form several Islamic political parties: all of
them are committed to Islam, but each with its own concepts or methods of
political activity, or with different programs of reform when they rule.
Although establishing parties on ethnic grounds or for personal or family
considerations ought not to be encouraged from the Islamic point of view
especially among Muslimsthis may be acceptable in given circumstances.
Non-Muslims and secularists can have their political parties to present their
views, and defend their interests and guard the human rights and dignity of
all the children of Adam as the Quran teaches. Women can join or form the
party they like. Political fronts and alliances may involve Islamic parties
and others whenever this may be beneficial for the Muslims and the entire
people. As well, coalitions can gather various parties, including Islamic
ones, to form a government. Such a diversity in political thinking, concerns,
and
activities within the peoples unity represents a fundamental

organizational tool for human pluralism, in order to secure and defend the
dignity of all children of Adam.
Opposition is indispensable in a democratic system, and should not raise
doubts to the Muslim mind. It is needed to scrutinize the governments
activities, and to be ready to replace it if it loses the confidence of the
people. Opposition does not oppose for the sake of opposition; it should
support the public unity during national crisis.
However, opposition may not be efficient or effective when the
political parties become so many that forming a coalition to govern or a
weighty opposition would be problematic. This is a challenge for the multiparty system, which some contemporary democracies are facing and
suffering from. It may be overcome through political prudence and moral
responsibility rather than by any legal restriction that may be arbitrarily
decided or executed.
Legislation; Separation of Powers
Some Muslims may argue that, since God is the Lawgiver, there should not
be a legislative body in an Islamic state. In fact, the legislature specifies and
puts in detail the required laws, while the Quran and Sunna present general
principles and certain rules. Even in the case of such particular rules in the
Quran or the Sunna, different interpretations and jurisprudential views
might arise about a certain text on the grounds of its language and its
relation to other relevant texts. It is essential that a certain interpretation or
jurisprudential view should be adopted by the state as a law, and this has to
be decided by the legislature, so that the courts may not be left to different
rules that may be applied in the same case according to the views and
discretion of different judgesa complaint the well known writer Ibn alMuqaffa [d. 142H./759 C.E.] made in his time.40
Besides, there is extensive room for what is allowed by sharia al-mubah,
and such an enormous area of allowed matters ought to be organized in a
certain way, making any of them mandatory, forbidden, or optional
according to the changing circumstances in different times and places.
Public interest has its consideration in introducing new laws, which were
not specified in the Quran and Sunna, but which are needed in a certain time
or place, and which do, not contradict any other specific rule in the divine
sources, but can be supported by the general goals and principles of sharia.
Many laws are required in a modem state in various areas such as traffic,

irrigation, construction, roads, transportation, industry, business, currency,


importing and exporting, public health, education, and so on, and they must
only be provided according to the consideration of public interest or in the
light of the general goals and principles of sharia, as there are no specific
texts in the Quran and Sunna that directly deal with every emerging need in
every time and place.
The Prophet himself expected that some cases, which may not have a
particular corresponding rule in the Quran and Sunna, would face a judge
who has to use his own discretion and judgment (ijtihad), which is naturally
assisted by the essence of sharia and guided by its general goals and
principles. Such a juristic or judicial discretion, ijtihad, may have to be
generalized and codified as a state law, and not left to personal differences
of the jurists or judges. Changing circumstances influence the human understanding of the legal text, and develop new legitimate needs for legislation.
Considering the goals and general principles of the Islamic law in
responding to changing social needs has been called in the Islamic law: the
conduct of the state policies according to sharia (al-siyasa al-shariiyya).
The distinguished jurist Ibn al-Qayyim wrote:
A debate took place between (the jurist) Ibn Aqil and
another jurist. Ibn Aqil said, Applying
(discretionary) policies is prudence, and is needed
and practiced by any leader (imam). Another
(jurist) said, No policy (siyasa) should be applied
except what abides by sharia. Ibn Aqil said, siyasa
(which can be described as related to sharia)
represent actions that make people nearer to what is
good and further from what is evil, even if such
policies were not practiced by the Prophet or
included in Gods revelation.
Ibn al-Qayyim underlined the lack of true knowledge of sharia and how it
copes with the existing realities, and made this fascinating statement:
God only sent the conveyors of His message and sent down His
revealed books so that people deal with one another with justice.
Wherever a sign of truth appears, and an evidence of justice rises
by any way, there is Gods law and command. God has only
indicated through the ways that he gave as laws [by revelation]
that His purpose is to establish justice and to secure it in peoples
behavior: and thus any way that makes the truth clear and justice

recognized should be followed in ruling... We do not see that a


just policy may differ from the comprehensive sharia, but it is
merely a part of sharia, and calling it policy, siyasa is merely
a term, since it is just inseparable from sharia. 41
The legislature, then, is necessary and legitimate in a modern Islamic state.
It also watches the practices of the executive body, enquires about any
failure and introduces any necessary legislation for reform. The principle of
checks and balances would be helpful in organizing the state bodies and
their powers, and guarding the public interest. The separation of the
legislative and the executive in their functions, should allow channels of
cooperation and should not create a climate of confrontation. The moral and
spiritual dimension in the politics of an Islamic state may help
organizationally and psychologically to develop the essential co-operation
between the two branches. As for the judiciary, it should be independent
and protected against any interference or pressure.
Contemporary mass communications provide a valuable vehicle for
public information,
education and expression. Talk shows, panel
discussions, movies, series, songs and other entertainment programs also
have their impact on the public attitudes in the various areas of life. I limit
myself here to the political side.
Any established means of mass communication must be secured for
all. This right may be organized, but never restricted. Freedom of searching
for information from different sources including the governmental
authorities should also be secured. Legal and ethical safeguards ought not
to hinder creativity. The media can help the readers and the audience
become more aware of the political issues, especially during election
campaigns, and this would make them more capable of a right decision. Any
new legislation or any public measure may be more successful in achieving
its objective if it is preceded, combined and followed by information and
education of the people through the media. According to the Quran, Gods
guidance has to be clarified to a person before being responsible for a
deliberate deviation from it [e.g., 4:115; 47:25, 33]. Those who are
entrusted with authority by the people have to respond to peoples questions
about their practices, while the people have the responsibility to look for
the information from the proper sources and avoid rumor traps by using
their common sense and moral values [Quran 4:83; 49:6-8]. If any of the
mass media is run by the government in a way or another, political parties
and contestants for public offices should have equal opportunities to address
the people.
However, rights go hand-in-hand with responsibilities. Modern
technology has endowed the media, both within the country and universally,

with a formidable power that ought to have ethical and legal safeguards. A
universal document and supervision may be needed. Heavy pressures on the
private media come from wealthy and influential contributors and
advertisers. It is a real challenge for the modern world to benefit from this
huge technical and psychological power and avoid its excessiveness and
abuse. A combination of morality and creativity is essential in such a vital
and sensitive area.
Conclusion
It may be obvious from this presentation that the modern democratic process
can be a practical mechanism for securing human rights and dignity for all
the children of Adam, implementing the concept of shura and achieving the
goals and principles of sharia in a modern Islamic state, with probably
limited constitutional clarifications. The undesirable
implication of
democracy that it puts the peoples will above Gods will is merely
theoretical, since democracy works within the dominant socio-cultural
background, and Muslims will not accept a decision against their beliefs, as
long as they are committed to those beliefs. Catholicism has been
maintained in democratic Ireland, and monarchy has been maintained in
democratic Britain, where the Queen is the head of the state and the church.
Democracy acknowledges that natural human rights supersede any
legislation, and in a parallel way, Muslims can always stress the supremacy
of Gods guidance ideologically, legally and practically. If one may imagine
that the majority of Muslims may turn against the political conduct of an
Islamic state, this may be limited to certain practices or governmental terms,
not to the Islamic state in principle, and the mechanism of a multi-party
system can allow another Islamic party to offer a better experience. If,
hypothetically, the majority do not want an Islamic state, how can it be
imposed on or defended against its will by a non-democratic government?
Setting democracy in opposition to Islam is unfair for both. However, let us
deal with a concrete, political democratic process and not talk about theories
and hypotheses.
One should never assume in any way that Muslims who criticize an Islamic
leader, party, government, or even state have become non-Muslims or
against Islam! Islam is a faith, not a mere political system, and it has won
supporters and followers by exhortation and conviction through individual
and social behavior and through its civilization. The message of Islam is
always to convince not to impose [e.g., Quran 2:256, 10:99, 11:28, 16:125].

As Muslims should not develop hypothetical and unrealistic fears about a


democratic process to implement shura in a contemporary Islamic state,
non-Muslims should not have unsubstantial fears about Islam, since it is an
ideological and moral safeguard for justice and equal human rights because
the Islamic faith deepens the Muslims commitment to the human dignity
for all the children of Adam. No human rights secured by democracy would
be hurt by Islam or Muslims, but would be more observed as a matter of
faith.
What about violent militancy or militant violence that we hear about among
some Muslims? I see that a blocking of democratic channels of expression
and assembly leads in many cases to explosion. In a democracy, there is no
place for violence, and Islamic activism can always present itself through
common sense and moral behavior. Violence is used only by those who are
initially unable to offer words or deeds, or by those who are suppressed by
restrictions and pressures and thus it is impossible for them to do so.
8

1979).
9
Somjee, p. vii-viii, 144.

Muslims in remote and isolated areas in Africa and Asia have proved
through centuries that they can peacefully cohabitate with others, and can
3:159).
28
Quran 4:59
29

peacefully present their message through their words and deeds.


Aslam Munjee, The Rape of a Noble Ideology: U.S.A. in Perspective 17831985
(Hercules, CA: First Amendment Publishers, 1986).
A.H. Somjee, The Democratic Process in a Developing Society (London:
Macmillan,
10 Somjee, p. 151.
11
For example, see e.g. Quran 2:176, 213; and 30:8
12
Quran 30:30

13
John Dewey, Individualism: Old and New (New York: Minton & Batch,
1930; Arabic translation by Kyayri Hammad, al-Fardiyya Qadiman wa
Hadithan, Beirut: al Hayat
Publications, 1960), p. 10-18
14
Quran 59:23
15
Quran 42:11
16
Quran 112:4
17
Ibn Abd al-Hakan, Abd al-Rahman ibn Abd Allah, Futuh Misr wa-lMaghrib, ed. by Abd al-Manim Amir, Cairo: Ministry of Culture, 1961,
p.224-6.
18
Quran 17:70
19
Quran 21:23
20
Quran 2:256
21
Quran 42:38
22
Quran 22:41, 3:104, 110.
23
Quran 2:233
24
Quran 31:17
25
Quran 3:159
26
Ibn >Atiyya, Abd al-Haqq ibn Ghalib, al-Muharrar al-Wajiz, vol. III.
(Fez: Ministry of Awqafand Islamic Affairs, 1997), p. 280-281.
27
Muhammad Abduh and Muhammad Rashid Rida, Tafsir al-Quran alHakim (Tafsir alManar) (Cairo: Matbaat Subayh, 1374 H., V. IV) p. 199-200 (commentary
on the verse

Abu Yala, Muhammad ibn al-Husayn al-Farra, [d. 458 H/1065 C.E.], alMutamadfi
Usul al-Din, a chapter published in Yusuf Ibish, Nusus al-Fikr al-Siyasi alIslami
(Beirut: Dar al-Talia, 1966) p. 224.
30
See Tafsir al-Manar, ibid, V. IV p. 200-202.
31
Quran 9:71
32
Ibn Kathir, lsmail ibn Umar, al-Bidaya wa-l-Nihaya, ed. by Ahmad abu
Milhim and others. Beirut: Dar al-Kutub al Ilmiyya, 1988, V. VII p. 151.
33
Ibn Rushd, Muhammad ibn Ahmad, Bidayat al-Mujtahid, Beirut: Dar alFikr, n.d., vol
II, p. 384; Ibn Hazm, Ali ibn Ahmad, al-Muhalla, ed. Muhammad Khalil alHarras.
Cairo: Matbaat al-Imam, n.d., vol. IX, p. 523-4.
34
See Ibn Rushd, ibid., vol. II, p. 348.
35
A hadith (tradition) reported by Ibn Hanbal, al-Bukhari, Muslim, Abu
Dawud and alNisai.
36
Quran 9:71.
37
al-Mawardi, Ali ibn Muhammad, al-Ahkam al-Sultaniyya, Mustafa alBabi al-Halabi Publications, Cairo: 1973, p. 27.
38
Quran 3:113, 5:66, 5:108, 7:38, 7:159, 7:164, 28:23.
39
Quran 4:59.
40
Amin, Ahmad, Duha al-Islam. Beirut: Dar al-Kitab al-Arabi, n.d., vol. I,

p. 208 et seq; vol II, p. 174.


41
Ibn al-Qayyim, Muhammad ibn >Abi Baker, Ilam al-Muwaqqin, ed, Abd
al-Rauf
Saad. Beirut: n.d., vol. IV, p. 37; al-Turuq al-Hukmiyya, ed, Muhammad
Hamid al-Faqi,
Cairo: n.d., p. 35.

MONOTHEISTS AND THE OTHER:


AN ISLAMIC PERSPECTIVE IN AN ERA OF RELIGIOUS
PLURALISM**
FATHI OSMAN

For monotheists the other may be another monotheist who shares with
them the same beliefs but belongs to a different ethnic group, physically,
culturally or both, or may be another monotheist with partly different but still
monotheistic beliefs. The other may be a non-believer, a polytheist, an
atheist or whatever else. People have inborn differences regarding which they
have no choice, such as physical characteristics including the color or the
language and inherited culture. Besides, there are acquired differences such as
wealth and education. Religion stands in the middle between the inborn and
acquired differences, since faith is supposed to be decided individually by a
personal voluntary conviction, whereas in reality it is mostly inherited.
Gender may also be seen as a considerable difference, even within the groups
of monotheists who belong to the same ethnic group and share the same
belief.
All monotheists believe in the One Lord who has created the entire
human race as well as all forms of life and the whole cosmos; and all of
creation is under His control, the Lord of all being. Monotheists ought to
look upon the other on the basis of their belief in the Supreme Lord, but
they are mostly interlocked in what their physical senses catch, and their
interests are often concerned with what is in this world, rather than with
abstract matters of faith. Besides, most people are inclined to keep their
worldly relations and their relation to the One God in two strictly separate
compartments, with no allowance for interaction. If our time is witnessing
the barriers shrinking in geography, in time, in space, in the atom and
between the concrete substance and energy, isnt it time for a whole-some
wholeness of the human being as an essential prerequisite for a wholesome
wholeness of humankind? And what can achieve such a whole-some
wholeness of the human individual and the entire human race better than a
genuine belief in the one Lord Supreme of all being?
The Common Origin of all Children of Adam
The Islamic perspective shares with the entire Abrahamic faith the idea that
Adam and his female mate represent the origin of all humanity. The Quran
states that the children of Adam and his wife enjoy the physical, intellectual,

expressive and psychological-spiritual gifts conferred by God on the human


species in its totality to dignify the homo sapiens (S. 17:70), in order to
enable this human species to carry out the development of themselves and
of the earth in this world, with which they are entrusted by their Creator
(S11:61). All human beings are accountable for human and material
development, for their own thoughts and actions, and for their relations with
the other and with the nature around them.
The diversity of humankind is enriched by the way in which individual
and group specialties can complement each other through interaction and
cooperation (S. 49:13). The inborn differences represent an enriching variety
which is an outstanding sign of Gods all-mightiness, all-wisdom, allprovidence and all-grace in His relations with His creation (S.
30:22).
With regard to the common origin of humankind, the Quran stresses
that Adam and his female mate and subsequently all men and women are
created from the same living entity (nafs wahida), so the first woman is
created from the same living entity as the first man, and not from a certain
part of the first mans body (S. 4:1). 1 - According to the Quran, both Adam
and his wife shared the same responsibility in eating from the forbidden tree,
and both repented to God and were granted forgiveness before carrying out
their mission of development on earth (S. 7:19-26). In this way, there are no
grounds for any gender discrimination from the beginning of time, the
creation of the first man and the first woman. Both are equally addressed in
the Quran and both, men and women, are specified distinctively, one beside
the other, in many verses, underlining the independent responsibility of each
and their equality in this respect. 2
The Spiritual Essence of All Human Beings
The Quran states that God has breathed into the first human being of
His spirit (S.
15:29; 38:72) and that every human being has been initially granted a spiritual
compass to direct him/her to the Lord God: And as your Lord brings forth
their offspring for the loins of the children of Adam, and calls upon them to
bear witness about themselves Am I not your Lord?, they answer, Yes,
indeed, we do bear witness thereto. [Of this We remind you] lest you say on
the Day of Resurrection, Verily, we were unaware of this, or lest you say,
Verily it was but our forefathers who in times gone by associated others
with God, and we were but their late offspring (S. 7:172-173).3 It is the
human responsibility to maintain ones spiritual fitness and development (S.
91:7-10). The successive messages of God have been sent to let human
beings make the best of the spiritual equipment that has always existed in

every human being. Seen in this perspective, every human being is a


potential believer, and being human has been inseparable from spirituality
since creation. We have to remember this whenever we deal with any human
being, whether such a human being maintains and makes use of this
invaluable gift of God or not: for in any case, the divine spirit is in all
children of Adam and his female mate, and this common gift provides
common ground for mutual understanding and compassion. There is no place
in monotheism for a monopoly of the truth and arrogance about it, since the
truth by its nature is common among all and open to all.
Directing human beings towards their Creator, Lord and Cherisher, is
meant to liberate everyone from being subjugated to any degrading power,
going from powers within themselves, whims or inferiority and superiority
complexes, to pressuring forces of the world around them and of persons
who enjoy social, economic, political or any other sort of power over them.
Such a unique liberation of the human being cannot be achieved by any
philosophy or law, but only by faith in the one God. It simultaneously
implants in the human mind and heart that, since the One Unique Supreme
Lord is the only one who is incomparable (there is nothing like Him; S.
42:11; 112:4), all others are Gods creatures and all human beings are equal
in being created with the same potential by the One God. As monotheism
establishes human freedom and equality in this way, we can understand how
true and significant it is what Jesus said, And you shall know the truth, and
the truth shall make you free (John 8.32). At an early stage of his life, Jesus
went into the synagogue in Nazareth on the Sabbath and when he stood up to
read the Scriptures, there was given to him the book of the prophet Isaiah,
and when he opened the book, he found this passage: The Spirit of the Lord
is upon me, because He has anointed me to preach the gospel to the poor; He
sent me to heal the brokenhearted, to preach deliverance to the captives, and
recovering sight to the blind, to set at liberty them that are bruised (Luke
4.16-18; see Isaiah 61.1).
Thus, belief in the One God liberates human beings from within the deepest
depth. The liberation of the Israelites from Pharaohs slavery was
fundamentally achieved through the conceptual and spiritual-moral power of
the liberating faith in the One God. The Quran indicates that God sent the
Prophet to teach people what is right and what is wrong, and by so doing he
lifts from them their burdens and the shackles that were upon them (S.
7:157). Many Sufis have stated impressively that the deepest level of
submission to God is the highest level of human freedom.
Observing the One God in Relations with Others
The belief in the One God, then, aims to benefit the human beings in

their relations
with others, since God Himself is not affected in his all-mightiness by
believing or disbelieving in Him. The Ten Commandments represent the
cornerstone in the messages of monotheism and its moral goals. Next to the
belief in the One God and the worship of Him alone, come the consequences
that this faith has for all human relations, starting with the family and going
to all human beings whose lives, families and properties should be secure
from any violation (Exodus 20. 3-15). In the next two verses (Exodus 20. 1617) dealing with neighbors is stressed as a starting point in dealing with
others.
That faith in the One God has immediate consequences for inter-human
relations was emphasized by Jesus when he answered a question about the
great commandment in the law: Jesus said, You shall love the Lord, your
God, with all your heart and your mind. And the second is like unto it: You
shall love your neighbor as yourself. On these two commandments hang all
the law and the prophets (Matt. 23.35-40; see also Mark 12.28-32, Luke
10.25-28). When Jesus was asked further to define the neighbor, he gave
the well-known parable of the good Samaritan who offered help and
compassion to the person who needed it, regardless of any difference in faith
(Luke 10.29-37).
Now, in an era of globalization, the whole world has become a close
neighborhood.
The Quran teaches the doing of good to the neighbor from your people, the
neighbor who is a stranger, and the friend by your side whoever he/she may
be (S. 4:36). Caring for travelers who lost their way or their possessions is
repeatedly stressed in the Quran. Even in war. those who leave the enemies
front to seek the Muslims protection, have to be granted this protection, in
addition to a safe passage to the destination they choose (S. 9:6). Prisoners of
war, who have to be set free as soon as possible, and all prisoners, should be
taken care of in their various needs: physical, intellectual and spiritual-moral
(S. 47:4).
Such a genuine understanding, sympathy and cooperation ought to be
the outcome of the belief in the All-Merciful, who offers His limitless mercy
and grace to all of His creation (S. 21:107). Since the Lord and Cherisher of
all human being makes His sun to rise on the evil and on the good, and
sends rain on the just and on the unjust, believers in Him ought to reflect
Gods mercy and grace in their relations with others: For if you love them
which love you, what reward have you? And if you salute your brethren only,
what do you do more than others? (Matt. 5.45-47).

The Quran endorses the moral commandments of the Torah (S. 2:83),
and describes the Torah as containing guidance and light (S. 5:44), and as
clearly spelling out everything, and [thus providing] guidance and grace
(S. 6:154). As for Gods message revealed in the Gospel, the Quran states
that in it there is guidance and light, confirming the truth of the Torah that
has preceded it, and [it was revealed] as a guidance and admonition unto the
God-conscious (S. 5:46). The Quran urges the Jews to follow the Torah (S.
5:43), as it urges the Christians to follow the Gospel (S. 5:47), and has
promised the good of this worlds life if they do (S. 5:66), in addition to the
greatest reward of God in the life to come. As Jesus had emphasized in
earlier times that he had not come to destroy the law of the Torah and the
teaching of the prophets, but had come to fulfill them, so Muhammad
emphasized that he was merely sent to fulfill what is virtuous. The Quran
spells out what this implies: True virtue and good do not consist in turning
you faces towards the east or the west, but truly virtuous and good-doer is the
one who believes in God, the Last Day, the angels, the books and the
prophets; and spends his substance however much he [/she] himself
[/herself] may cherish itupon his near of kin, and the orphans, and the
needy, and the wayfarer (who lost his/her way or possessions during a
journey], and those who ask for help, and in freeing human beings from
bondage, and keeps up the prayer, and renders the purifying [social welfare]
dues (zakat); and [truly virtuous and good-doers are] those who keep their
promises whenever they promise, and are pa-tient in misfortune and hardship
and in time of peril; it is they that have proved themselves true, and it is they
who are conscious of God (S. 2:177). Justice and kindness, al-adl walihsan, concisely represent all virtues, as the Quran sometimes indicates (e.g.
S. 16:90). It is significant that early Muslims sought shelter from persecution
in Abyssinia
with its Christian just king, and were granted asylum there. Ibn Taymiyya, the
prominent Muslim jurist (d. 1328), maintained that God lets the just
unbelieving power persevere and flourish, while He does not let the unjust
Muslim power persevere and flourish. 4
Human Differences: The Inborn Ones
The inborn differences are, in Quranic perspective, a fascinating variety
whose
components complement one another, and all humanity should work together
to reach a true awareness of their various ethnic and cultural characteristics
and to secure a peace based on justice. Both are fundamental for developing
a constructive moral cooperation through the whole world (S. 5:2). Muslim
traders, preachers and travelers reached Scandinavia, the Volga basin, Africa

beyond the Sahara, and South, Southeast and East Asia. Muslims
contributions to the fields of travel, geography and cartography were
distinguished. The Muslim assistance, especially that of the Arab navigator
Ibn Majid, was invaluable for the Christian Portuguese explorer Vasco da
Gama (d. 1524) in his naval journey from Portugal to India around the Cape
of Good Hope (1497-1499). Muslim scholars provided prominent works on
all world religions known to them, not only the Abrahamic sister-religions.
Al-Biruni (d. 1048) studied Sanskrit in order to acquire and provide accurate
information about the religious beliefs of India in his outstanding work on
that subject.
Muslim contributions to human civilization were never limited to
Muslims or their non-Muslim partners in Muslim countries. They were
always offered to any student, scholar or beneficiary in the fields of physics
and optics, chemistry, astronomy and observatories, anatomy, medicine and
surgery, art and architecture, irrigation, agriculture and gardening, as well as
philosophy and social and human studies. Jews and Christians in medieval
Europe were welcomed in their frequent visits to Muslim capitals especially
in Muslim Spain, where they sought to benefit from what Muslim scholars
had to offer in these various fields. Muslim works translated into Latin
enlightened Europe and paved the way for its Renaissance, and thus they
paid back the previous Muslims debt to Europe, when the Greek heritage
was translated into Arabic. A constructive and fruitful interaction involved
the Muslim philosopher Ibn Rushd (Averroes, d. 1198) in debates with
another outstanding Muslim thinker and scholar al-Ghazzali (d. 1111), with
the Jewish rabbi and philosopher Maimonides (d. 1204), and with the
Christian theologian Thomas Aquinas (d.
1274).
Gender Differences
Men and women have the same human rights and responsibilities in charge
of one another, as the Quran statesaccording to each individuals
endowments and not to gender. Both men and women have their moral,
social and political obligations: enjoin the doing of what is right and forbid
the doing of what is wrong (S. 9:71). Human dignity is conferred by God on
all human beings, whatever their inborn and acquired differences may be, as
we have seen above (S. 17:70). This dignity should be secured and sanctioned
by law and guarded by the state authorities. However, the Quran always
emphasizes that kindness, forgive-ness, generosity, and magnanimity ought
to go beyond literal justice:
and to forgo what is due to you is more in accord with God-consciousness,
and forget not [that you are to act with] grace towards one another (S. 2:

237), and, as stated elsewhere in the Quran, good and evil cannot be equal
[so] repel you [evil] with what is better, then the one between whom and
your-self was enmity [may then become] as if he [she] had [always] been a
true close friend (S. 41:34). Unfortunately, as most Muslim peoples have become free from colonization, the call for Islamic law has been predominant,
often at the expense of a deep concern for Islamic morality.
Religious Differences
Religious freedom is an explicit Quranic principle: No coercion should
be [by any
means allowed] in matters of faith (S. 2:256), and the sanctity of houses of
worshipbe they monasteries, churches, synagogues or mosques, in all of
which Gods name is abundantly extolledshould be secured and defended
(S. 22:40). Muslims and non-Muslims have equal rights and responsibilities
according to the constitutional document drawn up by the Prophet
Muhammad after his arrival in Medina. A dialogue between Muslims and
non-Muslims ought to be conducted, objectively and ethically, in the best
possible way, the Quran teaches (S. 29:46). God alone can judge human
beliefs and deeds according to every individuals intention, knowledge and
abilities, and no human being has this kind of comprehensive knowledge of
another person that is essential for such a judgment. This is a fact which the
Quran repeatedly stresses. 5
Of paramount significance are the words of S. 5:48, Unto each of you
[those who are following any of the successive divine messages], we have
appointed a law and a way of life: and if God had so willed, He could surely
have made you all one single community, but [He willed it otherwise] in
order to test you through what He has given you (of His guidance]. Vie, then,
with one another in good deeds. Unto God you all must return, and then He
will let you truly know all that on which you were wont to differ.
With regard to the dialogue with those who share with the Muslims the
Abrahamic
faith, the People of the Book, the Quran reminds Muslims of the common
ground which should always be kept in mind: And say, We believe in that
which has been bestowed upon us, as well as that which has been bestowed
upon you, and our God and your God is one and the same, and unto Him we
submit ourselves (S. 29:46), and, in the words of S. 42:15, And say: I
believe in whatever [divine] book God has bestowed, and I am bidden to be
just and fair with you. God is our Lord as well as He is your Lord, to us shall
be accounted our deeds, and to you your deeds. Let there be no contention
between us and you, God will bring us all together, for with Him is all
journeys end. Anyone who is involved in a dialogue ought to have an open
mind and heart and to speak unboastfully, and the Quran gives this

impressive example of language which sets the tone for any constructive
discussion, assures the equality of all participants, and removes any mistrust
or fear of prejudice: And behold, either we or you are on the right path or
have clearly gone astray. Say: Neither shall you be called to account for
whatever we may have become guilty of, nor shall we be called to account
for whatever you are doing. Say: Our Lord will bring us all together (on the
Day of Judgment], and then he will lay open the truth between us in justice,
for He alone is the One who opens all truth, the All-knowing (S. 34:24-26).
The Use of Force
Muslims are only allowed to fight against aggression, whatever the
ethnicity, faith
or opinion of the aggressors may be. Non-Muslims have to be fought against
when they commit aggression, not because they are non-Muslims (S. 2:190;
4:75; 22:39-40; 60:8-9). The Muslims also have to be fought against when
they commit aggression (S. 49:9).
However, Muslims are taught by the Quran to strive for peace, even if there
are doubts about others sincerity: And if they incline to peace, incline you
to it as well, and place your trust in God And should they seek but to
deceive you [by pretending to want peace], behold, God is enough for you
(S. 8:61-62). The Quran teaches that peaceful and friendly relations should
al-ways be considered as a future possibility, even in times of inevitable
confrontation: It may well be that God will bring about [mutual] affection
between you and those of whom you [now] face as enemies; and God is Allpowerful, and God is Much-forgiving and Most-gracious (S. 60:7). It is
historically significant that the early confrontation between Muslims and
Jews in Arabia during the Prophets time did not go beyond that time and
place, and constructive relations between them existed in other countries
under the caliphs, especially in Muslim Spain (Andalus). The Abbasid Caliph
al-Mamun (813-833) offered the Byzantines the constant neighboring
enemy of the Muslim caliphate a permanent peace and the payment of two
thousand gold pieces in his message to Emperor Theophilus (829-842) if the
latter agreed to allow a mathematician called Leo to come to Baghdad and
teach there for some time, and this would be considered by the caliph as a
gesture of goodwill. Unfortunately, the emperor did not respond positively to
the caliphs message, and the hostilities continued. 6 But the memories of
these hostilities did not affect the relationship forever. The crusades were
forgotten by many through the passing of time, and even colonization with
all its aggression and injustice did not revive for everyone the memory of the
crusades, and the two were not always correlated in the literature of the
Muslims struggle for independence.
The Acquired Differences

As the inborn human differences represent a wonder of Gods creation


and offer the
potential of an enrichment of the human capability and productivity, so there
is a very positive aspect also to the acquired differences that are, in Quranic
perspective, natural and permanent, since a universal human consensus from
all people in all times is impossible. Such diverse human views represent
different angles of vision and various points of view with regard to a
particular issue. And such an intellectual variety enriches the discussion of
any matter, reduces the risk of human limitations and errors, and can lead to a
better understanding of any point and consequently to the most responsible
decision regarding related issues. This fact has been explicitly stated in the
Quran: And had your Lord so willed. He could surely have made all
humankind one single community; but [He willed it otherwise, and so] they
continue to have differences [all of them], save those upon whom your Lord
has be-stowed His grace [as they follow His guidance in dealing with their
differences); and for such a test [in handling constructively their differences
and maintaining their good relations] He has created them all (S. 11:118119). The Muslims are not immune from this natural law, their differences
are also very human, and they have to tackle them objectively (S. 4:59) and
ethically. 7 The argument with Muslims or non-Muslims should be pursued
conceptually and behaviorally in the best way (S. 16:125 and the earlier
quoted verse S. 29:46).
However, maintaining good relations with all others who have
different views
has to go hand in hand with the readiness to express ones own position
openly and clearly. The expression of ones views about what is right and
what is wrong is a right and an obligation which the Quran calls enjoining
the doing of what is right and good and forbidding the doing of what is
wrong and evil, al-amr bil-marut wal-nahy an al-munkar. It is a right and
responsibility of every human being, and those who follow the Abrahamic
faith, Muslims and the People of the Book, should together seek to fulfill this
duty (S. 3:104. 114). A child should be brought up so as to initially discern
and, when it becomes possible, to express himself/herself about what is right
and what is wrong (S. 31:17). Every human being is a witness in this life and
should testify honestly about what he/she has witnessed, and this
responsibility should be secured and protected (S. 2:282-283). The right and
obligation of peaceful association for legitimate purposes, occasionally or
permanently, must also be secured for all, since freedom of expression is
meaningless if it does not apply to individuals who are weak in facing social
or political forces. Enjoining the doing of what is right and forbidding the
doing of what is wrong may necessitate an organized collective effort, and
therefore the Quran mostly uses the plural for the verb and its subjects,

although the individual freedom of expression has always to be secured.


Christian parades raising crosses and religious signs have been inseparable
from se-curing the freedom of faith in the early history of Islam.
The Environment
Islam extends the duty of good behavior to include others in this
universe than only
human beings. People should maintain and develop natural resources such as
earth, water and air, and they should secure life for all living creatures as
long as they are not causing harm. Muslims should not cut trees or kill birds
and other animals, even during war, except when necessary and when
justified for other reasons. Pilgrimage is a religious training obligation to
refrain from causing harm to human beings, animals and trees.
The Bitter Reality
The realities of our contemporary world are very far from, or even
entirely opposite
to, such lofty ideals, among believers and non-believers, among monotheists
and non-monotheists, among Muslims and non-Muslims. Many monotheists,
including many Muslims, who themselves adhere to certain way of thinking
and a certain pattern of behavior, also believe that all good people have to fit
in their frame. Tolerating differences in others has not become fundamental
in our thinking nor in our faith, where dogma has overshadowed morality and
behavior. Diversity within unity has not yet been recognized as being
essential among Muslims and among all human beings. Horrible crimes are
committed in the name of religion all over the world: in Northern Ireland, in
Bosnia, in Algeria, in the Indian subcontinent and Sri Lanka and elsewhere.
Ethnic-cleansing has become a familiar term in the political glossary, and
ethnic conflicts cover the whole world; the ethnic mass massacres in Africa
South of The Sahara are just one tragic example. Conflicts resulting from
ethnic and religious differences, or born from chauvinistic nationalism and a
fanatic following of ideologies, have been happening all through history, and
Muslims and monotheists have not been an exception. Furthermore, modern
technology and evil growth of terrorism and weapons of mass destruction
have contributed to horrible practices aimed at destroying the others,
efforts that would bring with them a total self-destruction of the whole
human race.
The Universal Declaration of Human Rights issued by the General
Assembly of the United Nations in 1968, followed by other resolutions of
later international conferences in Helsinki, Vienna and Beijing, represent
some hope within the thick darkness of the present situation. But the
Declaration requires significant organizational reforms and needs a

fundamental moral base. Spiritual morality has to be spread through universal


and national mass communications and education, and has to be nurtured by
all our institutions. Monotheists have to stand together in developing a
monotheistic morality among believers in the One God, and morality in
general among all people everywhere. Monotheists, especially Muslims and
Christians, are present all over the planet and have powerful institutions,
while many of them enjoy influential positions. The coordination of their
concerted efforts would become a mighty power in safeguarding and
reinforcing our era of an essentially pluralistic globalism. Detailed plans and
practical applications can definitely be worked out in all circumstances, for
the well-known saying always proves to be true: When there is a will, there
is a way.
There is the urgent call of the Gospel: Come unto me, all you that labor and
are heavy laden, and I will give you rest (Matt. 11.28), Glory to God in the
highest, and on earth peace, and good will toward all human beings (Luke
2.14). And the challenge of the Quran is equally clear: 0 you who have
attained to faith! Enter wholly into peace, and follow not Satans footsteps
(S. 2:208). We believe in Gods promise: And for those who strive hard in
Our cause, We shall most certainly guide them onto paths that lead to Us, for
God is indeed with the doers of good (S. 29:69).

Human Rights in Islam


By: Dr. Fathi Osman
According to the Quran, dignity of the children of Adam is a divine
bestowal, which is to be secured by all means, including the law and the
state authorities, and is to be defended by all forces:
We have conferred dignity on the children of Adam, and borne them over
land and sea, and provided for them sustenance out of the good things of
life, and favored them far above most of our Creations. (Quran 17:70)
As a demonstration of this privileged position, God ordered the angels to
prostrate themselves before Adam, the first human being. What
distinguishes humans from other creatures is mainly their intellect and
their free will to choose between doing good and doing evil. To fulfill a
human potential, all obstacles and pressures must be removed from the
way, and all means should be secured to maintain and develop our
humanity. The dignity bestowed on humans in the Quran must be
defended. It is the individual, social and universal responsibility of
Muslims to guard human rights because oppression is an obstruction of
Gods will in His creation:
As for that (happy) life in the life to come, We grant it (only) to those who
do not seek to exalt themselves on earth, nor yet to spread malevolence:
for the future belongs to the God-conscious. (Quran 28:83)
It is the individual, social, and universal responsibility of Muslims,
according to their faith, to protect the human merits and virtues of all the
children of Adam, whatever their differences may be. Defending the
human rights of any human being is a religious duty for a Muslim, who
believes that any oppression is an obstruction of Gods will and plan in
His creation. Moreover, a Muslim believes that God has created all
mankind equal as human beings, and no one can claim superiority in this
respect, whatever his/her ethnicity, family, wealth or gender may be. The
Quran teaches:
O humanity! Be conscious of your Lord, who has created you out of one
living entity, and out of it created its mate, and out of the two spread
abroad a multitude of men and women. And remain conscious of God, in

whose name you demand [your rights] from one another (and before
Him you will be accountable), and of these ties of kinship. Verily, God is
ever watchful over you. (Quran 4:1)
O humanity! Behold, we have created you all out of a male and a female,
and have created you into nations and tribes, so that you might come to
know one another. Verily, the noblest of you in the sight of God is the one
who is most deeply conscious of Him. Behold, God is All-Knowing, AllAware. (Quran 49:13)
The only One who is above all humans is their Creator and Lord:
And there is nothing that could be compared with Him. (Quran 112:4)
At the inception of the belief in one God is the belief in the equality of all
human beings, since those who believe in one God believe that all human
beings are created by the one Creator. Thus, deeply rooted in the
conscience of believers is the duty to maintain human rights and to
practice equality in the process. Any discrimination against any
individual or group about their basic rights as members of humanity is a
challenge to the faith of believers, since for any human to claim
superiority based on origin or power is contradictory to the belief in the
One Ultimate Supreme Being:
...the All-Highest, who creates [everything], and thereupon forms in
accordance with what it is meant to be. He cannot be called to account
for whatever He does, whereas they will be called to account. (Quran
21:23)
A tyrant is against human rights and the One Ultimate Supreme Being as
well:
Behold, Pharaoh exalted himself in the land, and divided its people into
castes. One group of them he deemed utterly low; he would slaughter
their sons and spare [only] their women, for behold, he was one of
those who spread malevolence [on earth].
(Quran 28:4)
In the same chapter, the Quran states that those who will attain to
happiness in the life to come, as it has been mentioned before, are those
who dont seek to exalt themselves on earth, nor yet to spread
malevolence; for the future belongs to the God-conscious (Quran 7:157).

Thus, the Quran repeatedly emphasizes human rights and justice, and
condemns injustice, aggression and oppression. It highlights the message
of the Prophet Muhammad:
...enjoins upon them the doing of what is right and forbids the doing of
what is wrong, and makes lawful to them the good things of life and
forbids the bad things, and lifts from them their burdens and the
shackles that were upon them. (Quran 7:157)
Justice can be concisely and precisely defined as the maintenance of
human rights and equality:
Behold, God enjoins justice, and [going beyond justice to] the doing of
what is magnanimous (and kind), and giving to ones kinsfolk; and He
forbids all that is shameful and all that runs counter to reason [and
morality], as well as transgression; He exhorts you [repeatedly] so that
you might bear [all this] in mind. (Quran 3:195)
Any discrimination between men and women in rights or
responsibilities is forbidden according to the divine justice- the same as
any other discrimination:
And their Lord does answer them: I shall not lose sight of the work of
any of you who works [in My way], be it man or woman ... (Quran
3:195)
And [as for] the believers, both men and women - they are in charge of
[and responsible for] one another [and form together one body], they [all]
enjoin the doing of what is right and forbid the doing of what is wrong,
and keep up their prayers, and render the purifying [social] dues, and pay
heed unto God and the conveyer of His Message.
(Quran 9:71)
Divine justice can never be for Muslims only. It secures the rights of all
human beings, whatever their beliefs may be. It is especially protective
of the rights of belief and practicing ones belief... Let there be no
coercion in matters of faith (Quran 2:256).
Defending all houses of worship is legitimate and urged:
...for if God had not enabled people to defend themselves against one

another, [all] monasteries and churches and synagogues and mosques in [all
of] which Gods name is abundantly exalted - would surely have been
destroyed (ere now), and God will most certainly support one who supports
His cause....(Quran 22:40)
Muslims are taught by the Quran to build their relations with others on
kindness, while the minimum obligation which should be strictly
observed is justice (Quran 60:8). They should always have in mind that
no hostility stays permanently, and that if they follow Gods guidance,
their behavior may turn an enemy into a close friend:
Yet God may develop affection between you and those of them you felt
were enemies, for God is All Powerful, Much Forgiving and Most
Gracious. (Quran 60:7)
But good and evil cannot be equal; repel [therefore, evil] with what is
better; and so between yourself and one with whom there was enmity [it
may then become] as though he/she had [always] been a close friend. Yet
[to achieve] this is not given to any but those who are patient and enjoy
self-control; it is not given to any but those endowed with the greatest
good fortune. (Quran 41:34-35)
Islam secures the human rights even for those who may violate the human
rights of others, since two wrongs do not make one right. A violation
should be stopped instantly, but the rights of the violator as a human
being should be secured. Islamic law aims to fight the crime in its origin,
not just to inflict punishment. Islamic penal law is enforced in order to
prevent the sources of violation and transgression without social justice
and public education for all. It is required that every possible effort be
made to educate and rehabilitate an offender, not to destroy him/her. And
finally, the Prophet states that a mistaken decision in acquitting a guilty
person is better than a mistaken decision of punishing an innocent one.
(From an authentic tradition of the Prophet repeated by Ibn Ali Shayba,
al Tirmidhi, al-Hakim and al-Bayhaqi in al-Sunan, on the authority of
Aisha).
Islamic civil and commercial law prohibits illegitimate and exploitative
gains while protecting the principle which has been earned legitimately
and legally before usurious additions:
...and give up all outstanding gains from usury...for if you do not,
then know that you are at war with God and the Conveyer of His
Message. But if you repent, you shall be entitled to your principals. You

will do no wrong and neither will you be wronged.


The Islamic law of war requires an open declaration of the start of
military operations, and limits fighting to the combatants only. As soon
as the aggression itself is stopped and the aggressor submits to justice,
justice should be maintained in relation to both parties equally:
....but then, if one of the two [groups] goes on aggressing against the other,
fight against the aggressors until they revert to Gods commandment; and
if they revert make peace between them (both parties) with justice, and
deal equitably [with them], for verily, God loves those who act equitably.
(Quran 49:9)
Any of the enemys army who asks for protection or shelter should be
granted it, and may be returned to his camp if he so requests:
And if any of those who ascribe divinity to aught beside God seeks
your protection, grant him protection, so that he might [be able to]
hear the word of God [from you]; and thereupon convey him to a
place where he can feel secure. (Quran 9:6)
The wounded and deserters from the enemys army should not be
attacked, but should be cared for until they are cured or repatriated.
Human rights as described by the divine message in Quran and Sunna
were considered by the Muslim jurists to be the Avery goal of Sharia.
The jurists condensed Islamic law, as mentioned before, into the securing
and developing human personality in five main areas: life, family, mind,
faith, and property. The human rights covered by these five areas include
the collective rights of groups and peoples as well as the rights of
individuals; political and social rights have their place side by side. A
collective effort to defend the powerless and the oppressed against a
powerful oppressor is an essential Islamic obligation. Every right is
considered a responsibility and an obligation. In addition to human rights
being considered a collective responsibility of the ummah (the Muslim
people as a group) and the authorities, every holder of a right must also
struggle for him/her self to obtain, maintain and enjoy this right.
An accurate balance has to be maintained between basic spiritual and
moral development and education on one side, and the protection of
values by the law and the state on the other. A balance should be
maintained as well between rights and duties:
Indeed, have We sent forth the Conveyers of Our Messages with all
evidence of the truth; and through them We bestowed revelation from on

high, and a balance [where with to weigh right and wrong], so that men
behave with equity; and We bestowed from on high [the ability to make
use of] iron, in which there is awesome power as well as [other] benefits
for man; and [all this was given] so that God might mark out those who
would stand up for Him and the Conveyer of His Message, even though
He [Himself] is beyond the reach of human perception. Verily, God is
Powerful, Almighty. (Quran 57:25)
Based on faith in God, the Islamic perspective on human rights is
comprehensive and deep. When a Muslim fighter was asked by the
Sassanian leader, Rustum, about the cause that he was fighting for, he
simply answered, A God has sent us to transport human beings from the
worship of one another to the worshipping of One God, from a narrow
life to a wide world, and from the dominant injustice under other beliefs
to the justice of Islam. (al-Tabari, in his reports about the battle of alQadisiyyah in 17 AH/ 637 CE)
This was the message of Islam in early times: a universal liberation and
establishment of justice and maintenance of human rights. It is thus to
maintain, develop and spread such an understanding of the divine
message in our times.

Dr. Fathi Osman is a professor of Islamic Studies and has taught in


several universities around the world. Among these universities are AlAzhar University in Egypt, Houran University in Algeria, Ibn Saud
University in Saudi Arabia, International Islamic University in Malaysia,
Temple University, USC, and Georgetown University in America. He is
an author of several books and articles which include: Islamic Thought
Vs. Change, Children of Adam: An Islamic perspective on Pluralism,
Jihad: A legitimate struggle for moral development and human rights and
Concepts of the Quran. He is currently retired and is a resident scholar at
the Institute for the Study of Islam in the Contemporary World at the
Omar Ibn Al Khattab Foundation in Los Angeles, USA