Human Rights in Islam
Syed Abul A'la Maududi
Table of Index:
l CHAPTE R ONE : HUMAN RIGHTS, THE WEST AND ISLAM
m The Western Approach
m The Islamic Approach
l CHAPTER TWO : BASIC HUMAN RIGHTS
m The Right to Life
m The Right to the Safety of Life
m Respect for the Chastity of Women
m The Right to a Basic Standard of Life
m Individual's Right to Freedom
n The Slave Trade of Western Nations
n The Position of Slavery in Islam
m The Right to Justice
m Equality of Human Beings
m The Right to Co-operate and Not to Co-operate
l CHAPTER THREE : RIGHTS OF CITIZENS IN AN ISLAMIC STATE
m The Security of Life and Property
m The Protection of Honor
m The Sanctity and Security of Private Life
m The Security of Personal Freedom
m The Right to Protest Against Tyranny
m Freedom of Expression
m Freedom of Association
m Freedom of Conscience and Conviction
m Protection of Religious Sentiments
m Protection from Arbitrary Imprisonment
m The Right to Basic Necessities of Life
m Equality Before Law
m Rulers Not Above the Law
m The Right to Avoid Sin
m The Right to Participate in the Affairs of State
l CHAPTER FOUR : RIGHTS OF ENEMIES AT WAR
m The Rights of the Non-Combatants
m The Rights of the Combatants
n Torture with Fire
n Protection of the Wounded
n The Prisoner of War Should not be Slain
n No one Should be Tied to be Killed
n No Looting and Destruction in the Enemy's Country
n Sanctity of Property
n Sanctity of a Dead Body
n Return of Corpses of the Enemy
n Prohibition of Breach of Treaties
n Rules About Declaration of War
l Conclusion
CHAPTER ONE: HUMAN RIGHTS, THE WEST AND ISLAM
Before I discuss the human rights in Islam I would like to explain a few points about two major approaches to the question of human rights: the Western and Islamic. This will enable us to study the issue in its proper perspective and avoid some of the confusion which normally befogs such a discussion.
The Western Approach:
The people in the West have the habit of attributing every good thing to themselves and try to prove that it is because of them that the world got this blessing, otherwise the world was steeped in ignorance and completely unaware of all these benefits. Now let us look at the question of human rights. It is very loudly and vociferously claimed that the world got the concept of basic human rights from the Magna Carta of Britain; though the Magna Carta itself came into existence six hundred years after the advent of Islam. But the truth of the matter is that until the seventeenth century no one even knew that the Magna Carta contained the principles of Trial by Jury; Habeas Corpus, and the Control of Parliament on the Right of Taxation. If the people who had drafted the Magna Carta were living today they would have been greatly surprised if they were told that their document also contained all these ideals and principles. They had no such intention, nor were they conscious of all these concepts which are now being attributed to them. As far as my knowledge goes the Westerners had no concept of human rights and civic rights before the seventeenth century. Even after the seventeenth century the philosophers and the thinkers on jurisprudence though presented these ideas, the practical proof and demonstration of these concepts can only be found at the end of the eighteenth century in the proclamations and constitutions of America and France.
After this there appeared a reference to the basic human rights in the constitutions of different countries. But more often the rights which were given on paper were not actually given to the people in real life. In the middle of the present century, the United Nations, which can now be more aptly and truly described as the Divided Nations, made a Universal Declaration of Human Rights, and passed a resolution against genocide and framed regulations to check it. But as you all know there is not a single resolution or regulation of the United Nations which can be enforced. They are just an expression of a pious hope. They have no sanctions behind them, no force, physical or moral to enforce them. Despite all the highsounding
ambitious resolutions of the United Nations, human rights have been violated and trampled upon at different places, and the United Nations has been a helpless spectator. She is not in a position to exercise an effective check on the violation of human rights. Even the heinous crime of genocide is being perpetrated despite all proclamations of the United Nations. Right in the neighbouring country of Pakistan, genocide of the Muslims has been
taking place for the last twenty- eight years, but the United Nations does not have the power and strength to take any steps against India. No action has even been taken against any country guilty of this most serious and revolting crime.
The Islamic Approach:
The second point which I would like to clarify at the very outset is that when we speak of human rights in Islam we really mean that these rights have been granted by God; they have not been granted by any king or by any legislative assembly. The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are
conferred. The same is the case with the rights accepted and recognized by the dictators.
They can confer them when they please and withdraw them when they wish; and they can openly violate them when they like. But since in Islam human rights have been conferred by God, no legislative assembly in the world, or any government on earth has the right or authority to make any amendment or change in the rights conferred by God. No one has the
right to abrogate them or withdraw them. Nor are they the basic human rights which are conferred on paper for the sake of show and exhibition and denied in actual life when the show is over. Nor are they like philosophical concepts which have no sanctions behind them.
The charter and the proclamations and the resolutions of the United Nations cannot be compared with the rights sanctioned by God; because the former is not applicable to anybody while the latter is applicable to every believer. They are a part and parcel of the Islamic Faith. Every Muslim or administrators who claim themselves to be Muslims will have to accept,
recognize and enforce them. If they fail to enforce them, and start denying the rights that have been guaranteed by God or make amendments and changes in them, or practically violate them while paying lip-service to them, the verdict of the Holy Quran for such governments is clear and unequivocal:
Those who do not judge by what God has sent down are the dis Believers (kafirun). 5:44
The following verse also proclaims: "They are the wrong-doers (zalimun)" (5:45), while a third verse in the same chapter says: "They are the evil-livers (fasiqun)" (5:47). In other words this means that if the temporal authorities regard their own words and decisions to be right and those given by God as wrong they are disbelievers. If on the other hand they regard God's commands as right but wittingly reject them and enforce their own decisions against God's, then they are the mischief-makers and the wrong-doers. Fasiq, the law-breaker, is the one who disregards the bond of allegiance, and zalim is he who works against the truth. Thus all those temporal authorities who claim to be Muslims and yet violate the rights sanctioned by God belong to one of these two categories, either they are the disbelievers or are the
wrong- doers and mischief-makers. The rights which have been sanctioned by God are permanent, perpetual and eternal. They are not subject to any alterations or modifications, and there is no scope for any change or abrogation.
CHAPTER TWO: BASIC HUMAN RIGHTS
The first thing that we find in Islam in this connection is that it lays down some rights for man as a human being. In other words it means that every man whether he belongs to this country or that, whether he is a believer or unbeliever, whether he lives in some forest or is found in some desert, whatever be the case, he has some basic human rights simply because he is a
human being, which should be recognized by every Muslim. In fact it will be his duty to fulfil these obligations.
1. The Right to Life
The first and the foremost basic right is the right to live and respect human life. The Holy Quran lays down:
Whosoever kills a human being without (any reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind ... (5:32)
As far as the question of taking life in retaliation for murder or the question of punishment for spreading corruption on this earth is con- cerned, it can be decided only by a proper and competent court of law. If there is any war with any nation or country, it can be decided only by a properly established government. In any case, no human being has any right by himself to take human life in retaliation or for causing mischief on this earth. Therefore it is incumbent on every human being that under no circumstances should he be guilty of taking a human life. If anyone has murdered a human being, it is as if he has slain the entire human race. These
instructions have been repeated in the Holy Quran in another place saying:
Do not kill a soul which Allah has made sacred except through the due process of law ...
(6:151)
Here also homicide has been distinguished from destruction of life carried out in pursuit of justice. Only a proper and competent court will be able to decide whether or not an individual has forfeited his right to life by disregarding the right to life and peace of other human beings. The Prophet, may God's blessings be on him, has declared homicide as the greatest sin
only next to polytheism. The Tradition of the Prophet reads: "The greatest sins are to associate something with God and to kill human beings." In all these verses of the Quran and the Traditions of the Prophet the word 'soul' (nafs) has been used in general terms without any distinction or particularization which might have lent itself to the elucidation that the persons belong- ing to one's nation, the citizens of one's country, the people of a particular race or religion should not be killed. The injunction applies to all human beings and the destruction of human life in itself has been prohibited.
'The Right to Life' has been given to man only by Islam. You will observe that the people who talk about human rights if they have ever mentioned them in their Constitutions or Declarations, then it is clearly implied in them that these rights are applicable only to their citizens or they have been framed for the white race alone. This can clearly be gleaned by the
fact that human beings were hunted down like animals in Australia and the land was cleared of the aborigines for the white man. Similarly the aboriginal population of America was systematically destroyed and the Red Indians who somehow survived this genocide were confined to specified areas called Reservations. They also penetrated into Africa and hunted down human beings like wild animals. All these instances go to prove that they have no
respect for human life as such and if they have, it is only on the basis of their nationality, colour or race. Contrary to this, Islam recognizes this right for all human beings. If a man belongs to a primitive or savage tribe, even then Islam regards him as a human being.
2. The Right to the Safety of Life
Immediately after the verse of the Holy Quran which has been mentioned in connection with the right to life, God has said: "And whoever saves a life it is as though he had saved the lives of all mankind" (5:32). There can be several forms of saving man from death. A man may be ill or wounded, irrespective of his nationality, race or colour. If you know that he is in need of your help, then it is your duty that you should arrange for his treatment for disease or wound. If he is dying of starvation, then it is your duty to feed him so that he can ward off death. If he is drowning or his life is at stake, then it is your duty to save him. You will be surprised to hear that the Talmud, the religious book of the Jews, contains a verse of similar nature, but records it in altogether different form. It says: "Whoever destroyed a life of the Israelite, in the eyes of the Scripture, it is as if he destroyed the whole world. And whoever protected and saved one life of the Israelite, in the light of the Scripture, it is as if he saved the whole world." Talmud also contains the view that if a non-Israelite is drowning and you tried to save him then you are a sinner. Can it be given a name other than racialism? We regard it as our duty to save every human life, because it is thus that we have been enjoined
in the Holy Quran. On the other hand, if they regard it necessary to save the life of a humanbeing at all, it should be the life of an Israelite. As far as other people are concerned, according to this view, they do not seem to be human enough to deserve protection of their persons. In their literature the concept of 'Goyim' for which the English word 'Gentile' and the Arabic word ummi (illiterate) is used, is that they enjoy no human rights; human rights are
reserved only for the children of Israel. The Quran has mentioned this belief of the Israelites and quotes the Jews saying: "There is no blame on us (for anything we may do) with regard to the unlettered folk (i.e. the ummi)" (3:75).
3. Respect for the Chastity of Women
The third important thing that we find in the Charter of Human Rights granted by Islam is that a woman's chastity has to be respected and protected under all circumstances, whether she belongs to our own nation or to the nation of an enemy, whether we find her in the wild forest or in a conquered city; whether she is our co-religionist or belongs to some other religion or has no religion at all. A Muslim cannot outrage her under any circumstances. All promiscuous relation- ship has been forbidden to him, irrespective of the status or position of the woman, whether the woman is a willing or an unwilling partner to the act. The words of the Holy Quran in this respect are: "Do not approach (the bounds of) adultery" (17:32).
Heavy punishment has been prescribed for this crime, and the order has not been qualified by any conditions. Since the violation of chastity of a woman is forbidden in Islam, a Muslim who perpetrates this crime cannot escape punishment whether he receives it in this world or in the Hereafter. This concept of sanctity of chastity and protection of women can be found nowhere else except in Islam. The armies of the Western powers need the daughters of their nation to satisfy their carnal appetites even in their own countries, and if they happen to occupy another country, the fate of its women folk can better be imagined than described. But the history of the Muslims, apart from a few lapses of the individuals here or there, has been free from this crime against womanhood. It has never happened that after the conquest of a foreign country the Muslim army has gone about raping the women of the conquered people, or in their own country, the government has arranged to provide prostitutes1for them. This is also a great blessing which the human race has received through Islam.2
4. The Right to a Basic Standard of Life
Speaking about the economic rights the Holy Quran enjoins upon its followers: And in their wealth there is acknowledged right for the needy and destitute. (51:19) The words of this injunction show that it is a ategorical and un- qualified order. Furthermore this injunction was given in Makkah where there was no Muslim society in existence and where generally the Muslims had to come in contact with the population of the disbelievers.
Therefore the clear meaning of this verse is that anyone who asks for help and anyone who is suffering from deprivation has a right in the property and wealth of the Muslims; irrespective of the fact whether he belongs to this nation or to that nation, to this country or to that country, to this race or to that race. If you are in a position to help and a needy person asks you for help or if you come to know that he is in need, then it is your duty to help him. God has established his right over you, which you have to honour as a Muslim.
5. Individual's Right to Freedom
Islam has clearly and categorically forbidden the primitive practice of capturing a free man, to make him a slave or to sell him into slavery. On this point the clear and unequivocal words of the Prophet (S) are as follows: "There are three categories of people against whom I shall myself be a plaintiff on the Day of Judgement. Of these three, one is he who enslaves a free man, then sells him and eats this money" (al-Bukhari and Ibn Majjah). The words of this Tradition of the Prophet are also general, they have not been qualified or made applicable to a particular nation, race, country or followers of a particular religion. The Europeans take great pride in claiming that they abolished slavery from the world, though they had the decency to do so only in the middle of the last century. Before this, these Western powers had been raiding Africa on a very large scale, capturing their free men, putting them in bondage and transporting them to their new colonies. The treatment which they have meted out to these unfortunate people has been worse than the treatment given to animals. The books written by the Western people themselves bear testimony to this fact.
The Slave Trade of Western Nations:
After the occupation of America and the West Indies, for three hundred and fifty years, traffic in slave trade continued. The African coasts where the black-skinned captured Africans were brought from the interior of Africa and put on the ships sailing out from those ports, came to be known as the Slave Coast. During only one century (from 1680 to 1786) the total number of free people who were captured and enslaved only for British Colonies amounts, according to the estimate of British authors, to 20 million human beings. Over the period of only one year (1790) we are told that 75,000 human beings were captured and sent for slave labour in the Colonies. The ships which were used for transporting the slaves were small and dirty. These unfortunate Africans were thrust into the holds of these ships like cattle right up to the top and many of them were chained to the wooden shelves on which they could hardly move because these were only eighteen inches apart, kept one on top of the other. They were not provided with suitable food, and if they fell ill or were injured, no attempt was made to provide them with medical treatment. The Western writers themselves state that at least 20% of the total number of people who were captured for slavery and forced labour perished
during their transportation from the African coast to America. It has also been estimated that the total number of people who were captured for slavery by the various European nations during the heyday of the slave trade comes to at least one hundred million.
This is the record of the people who denounce Muslims day and night for recognizing the institution of slavery. It is as if a criminal is holding his finger of blame towards an innocent man.
The Position of Slavery in Islam:
Briefly I would like to tell you about the position and nature of slavery in Islam. Islam tried to solve the problem of the slaves that were in Arabia by encouraging the people in different ways to set their slaves free. The Muslims were ordered that in expiation of some of their sins they should set their slaves free. Freeing a slave by one's own free will was declared to be an act of great merit, so much so that it was said that every limb of the man who manumits a slave will be protected from hell-fire in lieu of the limb of the slave freed by him. The result of this policy was that by the time the period of the Rightly-Guided Caliphs was reached, all the old slaves of Arabia were liberated. The Prophet alone liberated as many as 63 slaves. The number of slaves freed by 'Aishah was 67, 'Abbas liberated 70, 'Abd Allah ibn 'Umar liberated one thousand, and 'Abd al-Rahman purchased thirty thousand and set them free. Similarly other Companions of the Prophet liberated a large number of slaves, the details of which are given in the Traditions and books of history of that period.
Thus the problem of the slaves of Arabia was solved in a short period of thirty or forty years. After this the only form of slavery which was left in Islamic society was the prisoners of war, who were captured on the battlefield. These prisoners of war were retained by the Muslim
Government until their government agreed to receive them back in exchange for Muslim soldiers captured by them, or arranged the payment of ransom on their behalf. If the soldiers they captured were not exchanged with Muslim prisoners of war, or their people did not pay their ransom money to purchase their liberty, then the Muslim Government used to distribute them among the soldiers of the army which had captured them. This was a more humane and
proper way of disposing of them than retaining them like cattle in concentration camps and taking forced labour from them and, if their women folk were also captured, setting them aside for prostitution. In place of such a cruel and outrageous way of disposing of the prisoners of war, Islam preferred to spread them in the population and thus brought them in contact with individual human beings. Over and above, their guardians were ordered to treat them well. The result of this humane policy was that most of the men who were captured on foreign battlefields and brought to the Muslim countries as slaves embraced Islam and their descendants produced great scholars, imams, jurists, commentators, statesmen and generals of the army. So much so that later on they became the rulers of the Muslim world. The solution of this problem which has been proposed in the present age is that after the cessation of hostilities the prisoners of war of the combatant countries should be exchanged. Whereas Muslims have been practising it from the very beginning and whenever the adversary accepted the exchange of prisoners of war from both sides, it was implemented without the least
hesitation or delay. In modern warfare we also find that if one government is completely routed leaving her in no position of bargaining for the prisoners of war and the winning party gets its prisoners easily, then experience has shown that the prisoners of war of the vanquished army are kept in conditions which are much worse than the conditions of slaves.
Can anyone tell us what has been the fate of the thousands of prisoners of war captured by Russia from the defeated armies of Germany and Japan in the Second World War? No one has given their account so far. No one knows how many thousands of them are still alive and how many thousands of them have perished due to the hardship of the Russian concentration and labour camps. The forced labour which has been taken from them is much worse than the service one can exact from slaves. Even perhaps in the times of ancient Pharaohs of Egypt such harsh labour might not have been exacted from the slaves in building the pyramids of Egypt, as has been exacted from the prisoners of war in Russia in developing Siberia and other backward areas of Russia, or working in coal and other mines in below zero temperatures, illclad, ill-fed and brutally treated by their supervisors.
6. The Right to Justice
This is a very important and valuable right which Islam has given to man as a human being. The Holy Quran has laid down: "Do not let your hatred of a people incite you to aggression" (5:2). "And do not let ill-will towards any folk incite you so that you swerve from dealing justly. Be just; that is nearest to heedfulness" (5:8). Stressing this point the Quran again says: "You who believe stand steadfast before God as witness for (truth and) fairplay" (4:135). This makes the point clear that Muslims have to be just not only with ordinary human beings but even with their enemies. In other words, the justice to which Islam invites her followers is not limited only to the citizens of their own country, or the people of their own tribe, nation or race, or the Muslim community as a whole, but it is meant for all
the human beings of the world. Muslims therefore, cannot be unjust to anyone. Their permanent habit and character should be such that no man should ever fear injustice at their hands, and they should treat every human being everywhere with justice and fairness.
7. Equality of Human Beings
Islam not only recognizes absolute equality between men irrespective of any distinction of colour, race or nationality, but makes it an important and significant principle, a reality. The Almighty God has laid down in the Holy Quran: "O mankind, we have created you from a male and female." In other words all human beings are brothers to one another. They all are the descendants from one father and one mother. "And we set you up as nations and tribes so that you may be able to recognize each other" (49:13). This means that the division of human beings into nations, races, groups and tribes is for the sake of distinction, so that people of one race or tribe may meet and be acquainted with the people belonging to another race or tribe and cooperate with one another. This division of the human race is neither meant for one nation to take pride in its superiority over others nor is it meant for one nation to treat another with contempt or disgrace, or regard them as a mean and degraded race and usurp their rights. "Indeed, the noblest among you before God are the most heedful of you" (49:13). In other words the superiority of one man over another is only on the basis of God-consciousness, purity of character and high morals, and not on the basis of colour, race, language or nationality, and even this superiority based on piety and pure conduct does not justify that such people should play lord or assume airs of superiority over other human beings. Assuming airs of superiority is in itself a reprehensible vice which no God-fearing and pious man can ever dream of perpetrating. Nor does the righteous have more privileged rights
over others, because this runs counter to human equality, which has been laid down in the beginning of this verse as a general principle. From the moral point of view, goodness and virtue is in all cases better than vice and evil.
This has been exemplified by the Prophet in one of his sayings thus: "No Arab has any superiority over a non-Arab, nor does a non-Arab have any superiority over an Arab. Nor does a white man have any superiority over a black man, or the black man any superiority over the white man. You are all the children of Adam, and Adam was created from clay" (al-Bayhaqi
and al-Bazzaz).
In this manner Islam established equality for the entire human race and struck at the very root of all distinctions based on colour, race, language or nationality. According to Islam,God has given man this right of equality as a birthright. Therefore no man should be discriminated against on the ground of the colour of his skin, his place of birth, the race or the nation in which he was born. Malcolm X, the famous leader of African Negroes in America,
who had launched a bitter struggle against the white people of America in order to win civil rights for his black compatriots, when he went to perform the pilgrimage, and saw how the Muslims of Asia, Africa, Europe, America and those of different races, languages and colours of skin, were wearing one dress and were hurrying towards God's House-the Ka'bah and offering
prayers standing in one row and there was no distinction of any kind between them, then he realized that this was the solution to the problem of colour and race, and not what he had been trying to seek or achieve in America so far. Today, a number of non- Muslim thinkers, who are free from blind prejudice, openly admit that no other religion or way of life has solved this problem with the same degree of success with which Islam has done so.
8. The Right to Co-operate and Not to Co-operate
Islam has prescribed a general principle of paramount importance and universal application saying: "Co-operate with one another for virtue and heedfulness and do not co-operate with one another for the purpose of vice and aggression" (5:2). This means that the man who undertakes a noble and righteous work, irrespective of the fact whether he is living at the North Pole or the South Pole, has the right to expect support and active co-operation from the Muslims. On the contrary he who perpetrates deeds of vice and aggression, even if he is our closest relation or neighbour, does not have the right to win our support and help in the name of race, country, language or nationality, nor should he have the expectation that Muslims will co-operate with him or support him. Nor is it permissible for Muslims to co-operate with him.
The wicked and vicious person may be our own brother, but he is not of us, and he can have no help or support from us as long as he does not repent and reform his ways. On the other hand the man who is doing deeds of virtue and righteousness may have no kinship with Muslims, but Muslims will be his companions and supporters or at least his well- wishers.
CHAPTER THREE: RIGHTS OF CITIZENS IN AN ISLAMIC STATE
We have discussed the human rights in general. Now we would like to take up the question of rights of the citizens in an Islamic State. As these rights are more extensive than the general human rights which have been described earlier, they need separate treatment.
1. The Security of Life and Property
In the address which the Prophet delivered on the occasion of the Farewell Hajj, he said: "Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection." God Almighty has laid down in the Holy Quran: "Anyone who kills a believer
deliberately will receive as his reward (a sentence) to live in Hell for ever. God will be angry with him and curse him, and prepare dreadful torment for him" (4:93).
The Prophet has also said about the dhimmis (the non-Muslim citizens of the Muslim State): "One who kills a man under covenant (i.e. a dhimmi) will not even smell the fragrance of Paradise" (al-Bukhari and Abu Dawud). Islam prohibits homicide but allows only one exception, that the killing is
done in the due process of law which the Quran refers to as bi al-haqq (with the truth).
Therefore a man can be killed only when the law demands it, and it is obvious that only a court of law can decide whether the execution is being carried out with justice or without justification. In case of war or insurrection a just and righteous government alone, which follows the Shari'ah or the Islamic Law, can decide whether a war is just or unjust, whether taking of a life is justified or not; and whether a person is a rebel or not and who can be
sentenced to death as a punishment. These weighty decisions cannot be left in the hands of a court which has become heedless to God and is under the influence of the administration. A judiciary like this may miscarry justice. Nor can the crimes of state be justified on the authority of the Holy Quran or Traditions (hadith) when the state murders its citizens openly and secretly without any hesitation or on the slightest pretext, because they are opposed to
its unjust policies and actions or criticize it for its misdeed, and also provides protection to its hired assassins who have been guilty of the heinous crime of murder of an innocent person resulting in the fact, that neither the police take any action against such criminals nor can any proof or witnesses against these criminals be produced in the courts of law. The very existence of such a government is a crime and none of the killings carried out by them can be
called "execution for the sake of justice" in the phraseology of the Holy Quran.
Along with security of life, Islam has with equal clarity and definiteness conferred the right of security of ownership of property, as mentioned earlier with reference to the address of the Farewell Hajj. On the other hand, the Holy Quran goes so far as to declare that the taking of people's possessions or property is completely prohibited unless they are acquired by lawful means as permitted in the Laws of God. The Law of God categorically declares "Do not devour one another's wealth by false and illegal means" (2:188).
2. The Protection of Honour
The second important right is the right of the citizens to the protection of their honour. In the address delivered on the occasion of the Farewell Hajj, to which I have referred earlier, the Prophet did not only prohibit the life and property of the Muslims to one another, but also any encroachment upon their honour, respect and chastity were forbidden to one another. The Holy Quran clearly lays down: (a) "You who believe, do not let one (set of) people make fun of another set. (b) Do not defame one another. (c) Do not insult by using nicknames. (d) And do not backbite or speak ill of one another" (49:11-12).
This is the law of Islam for the protection of honour which is indeed much superior to and better than the Western Law of Defamation. According to the Islamic Law if it is proved that someone has attacked the honour of another person, then irrespective of the fact whether or not the victim is able to prove himself a respectable and honourable person the culprit will in any case get his due punishment. But the interesting fact about the Western Law of Defamation is that the person who files suit for defamation has first to prove that he is a man of honour and public esteem and during the interrogation he is subjected to the scurrilous attacks, accusations and innuendoes of the defence council to such an extent that he earns more disgrace than the attack on his reputation against which he had knocked the door of the court of law. On top of it he has also to produce such witnesses as would testify in the court hat due to the defamatory accusations of the culprit, the accused stands disgraced in their eyes. Good Gracious! what a subtle point of law, and what an adherence to the spirit of Law!
How can this unfair and unjust law be compared to the Divine law? Islam declared blasphemy as a crime irrespective of the fact whether the accused is a man of honour or not, and whether the words used for blasphemy have actually disgraced the victim and harmed his reputation in the eyes of the public or not. According to the Islamic Law the mere proof of the fact that the accused said things which according to common sense could have damaged the reputation and honour of the plaintiff, is enough for the accused to be declared guilty of defamation.
3. The Sanctity and Security of Private Life
Islam recognizes the right of every citizen of its state that there should be no undue interference or encroachment on the privacy of his life. The Holy Quran has laid down the injunction: "Do not spy on one another" (49:12). "Do not enter any houses except your own homes unless you are sure of their occupants' consent" (24:27). The Prophet has gone to the extent of instructing his followers that a man should not enter even his own house suddenly or surreptitiously. He should somehow or other inform or indicate to the dwellers of the house that he is entering the house, so that he may not see his mother, sister or daughter in a condition in which they would not like to be seen, nor would he himself like to see them in that condition. Peering into the houses of other people has also been strictly prohibited, so much so that there is the saying of the Prophet that if a man finds another person secretly peering into his house, and he blinds his eye or eyes as a punishment then he cannot be called to question nor will he be liable to prosecution. The Prophet has even prohibited people from reading the letters of others, so much so that if a man is reading his letter and another man casts sidelong glances at it and tries to read it, his conduct becomes reprehensible. This is the sanctity of privacy that Islam grants to individuals. On the other hand in the modern civilized world we find that not only the letters of other people are read and their correspondence censored, but even their photostat copies are retained for future use or blackmail. Even bugging devices are secretly fixed in the houses of the people so that one can hear and tape from a distance the conversation taking place behind closed doors. In other words it means that there is no such thing as privacy and to all practical purposes the private life of an individual does not exist.
This espionage on the life of the individual cannot be justified on moral grounds by the government saying that it is necessary to know the secrets of the dangerous persons. Though, to all intents and purposes, the basis of this policy is the fear and suspicion with which modern governments look at their citizens who are intelligent and dissatisfied with the official policies of the government. This is exactly what Islam has called as the root cause of mischief in politics. The injunction of the Prophet is: "When the ruler begins to search for the causes of dissatisfaction amongst his people, he spoils them" (Abu Dawud). The Amir Mu'awiyah has said that he himself heard the Prophet saying: "If you try to find out the secrets of the people, then you will definitely spoil them or at least you will bring them to the verge of ruin." The meaning of the phrase 'spoil them' is that when spies (C.I.D. or F.B.I.agents) are spread all around the country to find out the affairs of men, then the people begin to look at one another with suspicion, so much so that people are afraid of talking freely in their houses lest some word should escape from the lips of their wives and children which may put them in embarrassing situations. In this manner it becomes difficult for a common citizen to speak freely, even in his own house and society begins to suffer from a state of general distrust and suspicion.
4. The Security of Personal Freedom
Islam has also laid down the principle that no citizen can be imprisoned unless his guilt has been proved in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reasonable opportunity to produce his defence is not permissible in Islam. It is related in the hadith that once the Prophet was delivering a lecture in the mosque, when a man rose during the lecture and said: "O Prophet of God, for what crime have my neighbours been arrested?" The Prophet heard the question and continued his speech. The man rose once again and repeated the same
question. The Prophet again did not answer and continued his speech. The man rose for a third time and repeated the same question. Then the Prophet ordered that the man's neighbours be released. The reason why the Prophet had kept quiet when the question was repeated twice earlier was that the police officer was present in the mosque and if there were proper reasons for the arrest of the neighbours of this man, he would have got up to explain his position. Since the police officer gave no reasons for these arrests the Prophet ordered that the arrested persons should be released. The police officer was aware of the Islamic law and therefore he did not get up to say: "the administration is aware of the charges against the arrested men, but they cannot be disclosed in public. If the Prophet would inquire about their guilt in camera I would enlighten him." If the police officer had made such a statement, he would have been dismissed then and there. The fact that the police officer did not give any reasons for the arrests in the open court was sufficient reason for the Prophet to give immediate orders for the release of the arrested men.
The injunction of the Holy Quran is very clear on this point. "Whenever you judge between people, you should judge with (a sense of) justice" (4:58). And the Prophet has also been asked by God: "I have been ordered to dispense justice between you." This was the reason why the Caliph 'Umar said: "In Islam no one can be imprisoned except in pursuance of justice." The words used here clearly indicate that justice means due process of law. What has been prohibited and condemned is that a man be arrested and imprisoned without proof of his guilt in an open court and without providing him an opportunity to defend himself against those charges.
If the Government suspects that a particular individual has committed a crime or he is likely to commit an offence in the near future then they should give reasons for their suspicion before a court of law and the culprit or the suspect should be allowed to produce his defence in an open court,
so that the court may decide whether the suspicion against him is based on sound grounds or not and if there is good reason for suspicion, then he should be informed of how long he will be in preventive detention. This decision should be taken under all circumstances in an open court, so that the public may hear the charges brought by the government, as well as the
defence made by the accused and see that the due process of law is being applied to him and he is not being victimized.
The correct method of dealing with such cases in Islam is exemplified in the famous decision of the Prophet which took place before the conquest of Makkah (Mecca). The Prophet was making preparations for the attack on Makkah, when one of his Companions, Hatib ibn Abi Balta'ah sent a letter through a woman to the authorities in Makkah informing them about the
impending attack. The Prophet came to know of this through a Divine inspiration. He ordered 'Ali and Zubayr: "Go quickly on the route to Makkah, at such and such a place, you will find a woman carrying a letter. Recover the letter from her and bring it to me." So they went and found the woman exactly where the Prophet had said. They recovered the letter from her and
brought it to the Prophet. This was indeed a clear case of treachery. To inform the enemy about a secret of an army and that too at the time of a war is a very serious offence tantamount to treachery. In fact one cannot think of a more serious crime during war than giving out a military secret to one's enemy. What could have been a more suitable case for a secret hearing; a military secret had been betrayed and common sense demanded that he
should be tried in camera. But the Prophet summoned Hatib to the open court of the Mosque of the Prophet and in the presence of hundreds of people asked him to explain his position with regard to his letter addressed to the leaders of Quraysh which had been intercepted on its way. The accused said: "O God's Messenger (may God's blessings be on you) I have not
revolted against Islam, nor have I done this with the intention of betraying a military secret. The truth of the matter is that my wife and children are living in Makkah and I do not have my tribe to protect them there. I had written this letter so that the leaders of Quraysh may be indebted to me and may protect my wife and children out of gratitude." 'Umar rose and respectfully submitted: "O Prophet, please permit me to put this traitor to the sword." The Prophet replied: "He is one of those people who had participated in the Battle of Badr, and the explanation he has advanced in his defence would seem to be correct." Let us look at this decision of the Prophet in perspective. It was a clear case of treachery and betrayal of military secrets. But the Prophet acquitted Hatib on two counts. Firstly, that his past records were very clean and showed that he could not have betrayed the cause of Islam, since on the occasion of the Battle of Badr when there were heavy odds against the Muslims, he had risked his life for them. Secondly, his family was in fact in danger at Makkah.
Therefore, if he had shown some human weakness for his children and written this letter, then this punishment was quite sufficient for him that his secret offence was divulged in public and he had been disgraced and humiliated in the eyes of the believers. God has referred to this offence of Hatib in the Holy Quran but did not propose any punishment for him except rebuke and admonition.
The attitude and activities of the Kharijis in the days of the Caliph 'Ali are wellknown to the students of Muslim history. They used to abuse the Caliph openly, and threaten him with murder. But whenever they were arrested for these offences, 'Ali would set them free and tell his officers "As long as they do not actually perpetrate offences against the State, the mere
use of abusive language or the threat of use of force are not such offences for which they can be imprisoned." The imam Abu Hanifah has recorded the following saying of the Caliph 'Ali (A): "As long as they do not set out on armed rebellion, the Caliph of the Faithful will not interfere with them." On another occasion 'Ali was delivering a lecture in the mosque when the Kharijis
raised their special slogan there. 'Ali said: "We will not deny you the right to come to the mosques to worship God, nor will we stop to give your share from the wealth of the State, as long as you are with us (and support us in our wars with the unbelievers) and we shall never take military action against you as long as you do not fight with us." One can visualize the opposition which 'Ali was facing; more violent and vituperative opposition cannot even be imagined in a presentday democratic State; but the freedom that he had allowed to the opposition was such that no government has ever been able to give to its opposition. He did not arrest even those who threatened him with murder nor did he imprison them.
5. The Right to Protest Against Tyranny
Amongst the rights that Islam has conferred on human beings is the right to protest against government's tyranny. Referring to it the Quran says: "God does not love evil talk in public unless it is by someone who has been injured thereby" (4:148). This means that God strongly disapproves of abusive language or strong words of condemnation, but the person who has been the victim of injustice or tyranny, God gives him the right to openly protest against the injury that has been done to him. This right is not limited only to individuals. The words of the verse are general. Therefore if an individual or a group of people or a party usurps power, and after assuming the reins of authority begins to tyrannize individuals or groups of men or the entire population of the country, then to raise the voice of protest against it openly is the God given right of man and no one has the authority to usurp or deny this right. If anyone tries to usurp this right of citizens then he rebels against God. The talisman of Section 1444 may protect such a tyrant in this world, but it cannot save him from the hell-fire in the Hereafter.
6. Freedom of Expression
Islam gives the right of freedom of thought and expression to all citizens of the Islamic State on the condition that it should be used for the propagation of virtue and truth and not for spreading evil and wickedness. This Islamic concept of freedom of expression is much superior to the concept prevalent in the West. Under no circumstances would Islam allow evil and wickedness to be propagated. It also does not give anybody the right to use abusive or offensive language in the name of criticism. The right to freedom of expression for the sake of propagating virtue and righteousness is not only a right in Islam but an obligation. One who
tries to deny this right to his people is openly at war with God, the All- Powerful. And the same thing applies to the attempt to stop people from evil. Whether this evil is perpetrated by an individual or by a group of people or the government of one's own country, or the government of some other country; it is the right of a Muslim and it is also his obligation that he should warn and reprimand the evil doer and try to stop him from doing it. Over and above, he should openly and publicly condemn it and show the course of righteousness which that individual, nation or government should adopt.
The Holy Quran has described this quality of the Faithful in the following words: "They enjoin what is proper and forbid what is improper" (9:71). In contrast, describing the qualities of a
hypocrite, the Quran mentions: "They bid what is improper and forbid what is proper" (9:67). The main purpose of an Islamic Government has been defined by God in the Quran as follows: "If we give authority to these men on earth they will keep up prayers, and offer poor-due, bid what is proper and forbid what is improper" (22:41). The Prophet has said: "If any one of you comes across an evil, he should try to stop it with his hand (using
force), if he is not in a position to stop it with his hand then he should try to stop it by means of his tongue (meaning he should speak against it). If he is not even able to use his tongue then he should at least condemn it in his heart. This is the weakest degree of faith" (Muslim).
This obligation of inviting people to righteousness and forbidding them to adopt the paths of evil is incumbent on all true Muslims. If any government deprives its citizens of this right, and prevents them from performing this duty, then it is in direct conflict with the injunction of God. The government is not in conflict with its people, but is in conflict with God. In this way it is at war with God and is trying to usurp that right of its people which God has conferred not only as a right but as an obligation. As far as the government which itself propagates evil, wickedness and obscenity and interferes with those who are inviting people to virtue and righteousness is concerned, according to the Holy Quran it is the government of the hypocrites.
7. Freedom of Association
Islam has also given people the right to freedom of association and formation of parties or organizations. This right is also subject to certain general rules. It should be exercised for propagating virtue and righteousness and should never be used for spreading evil and mischief.
We have not only been given this right for spreading righteousness and virtue, but have been ordered to exercise this right. Addressing the Muslims, the Holy Quran declares: You are the best community which has been brought forth for mankind. You command what is proper and forbid what is improper and you believe in God ... (3:110)
This means that it is the obligation and duty of the entire Muslim community that it should invite and enjoin people to righteousness and virtue and forbid them from doing evil. If the entire Muslim community is not able to perform this duty then "Let there be a community among you who will invite (people) to (do) good, command what is proper and forbid what
is improper, those will be prosperous" (3:104). This clearly indicates that if the entire Muslim nation collectively begins to neglect its obligation to invite people to goodness and forbid them from doing evil then it is absolutely essential that it should contain at least a group of people which may perform this obligation. As has been said before this is not only a right but an obligation and on the fulfilment of which depends success and prosperity here as well as in the Hereafter. It is an irony with the religion of God that in a Muslim country the assembly and association that is formed for the purposes of spreading evil and mischief should have the right to rule over the country and the association and party which has been formed for propagating righteousness and virtue should live in perpetual fear of harassment and of
being declared illegal. Conditions here are just the reverse of what has been prescribed by God. The claim is that we are Muslims and this is an Islamic State but the work that is being done is directed to spreading evil, to corrupt and morally degrade and debase the people while there is an active and effective check on the work being carried out for reforming society and inviting people to righteousness. Moreover the life of those who are engaged in spreading righteousness and checking the spread of evil and wickedness is made intolerable and hard to bear.
8. Freedom of Conscience and Conviction
Islam also gives the right to freedom of conscience and conviction to its citizens in an Islamic State. The Holy Quran has laid down the injunction: "There should be no coercion in the matter of faith" (2:256). Though there is no truth and virtue greater than the religion of Truth Islam, and Muslims are enjoined to invite people to embrace Islam and advance arguments in favour of it, they are not asked to enforce this faith on them. No force will be applied in order to compel them to accept Islam. Whoever accepts it he does so by his own choice. Muslims will welcome such a convert to Islam with open arms and admit him to their community with equal rights and privileges. But if somebody does not accept Islam, Muslims will have to recognize and respect his decision, and no moral, social or political pressure will be put on
him to change his mind.
9. Protection of Religious Sentiments
Along with the freedom of conviction and freedom of conscience, Islam has given the right to the individual that his religious sentiments will be given due respect and nothing will be said or done which may encroach upon this right. It has been ordained by God in the Holy Quran: "Do not abuse those they appeal to instead of God" (6:108). These instructions are not only limited to idols and deities, but they also apply to the leaders or national heroes of the people. If a group of people holds a conviction which according to you is wrong, and holds certain persons in high esteem which according to you is not deserved by them, then it will not be justified in Islam that you use abusive language for them and thus injure their feelings.
Islam does not prohibit people from holding debate and discussion on religious matters, but it wants that these discussions should be conducted in decency. "Do not argue with the people of the Book unless it is in the politest manner" (29:46)-says the Quran. This order is not merely limited to the people of the Scriptures, but applies with equal force to those following
other faiths.
10. Protection from Arbitrary Imprisonment
Islam also recognizes the right of the individual that he will not be arrested or imprisoned for the offences of others. The Holy Quran has laid down this principle clearly: "No bearer of burdens shall be made to bear the burden of another" (6:164). Islam believes in personal responsibility. We ourselves are responsible for our acts, and the consequence of our actions cannot be transferred to someone else. In other words this means that every man is responsible for his actions. If another man has not shared this action then he cannot be held responsible for it, nor can he be arrested. It is a matter of great regret and shame that we are seeing this just and equitable principle which has not been framed by any human being, but by the Creator and Nourisher of the entire universe, being flouted and violated before our
eyes. So much so that a man is guilty of a crime or he is a suspect, but his wife being arrested for his crime. Things have gone so far that innocent people are being punished for the crimes of others. To give a recent example, in Karachi (Pakistan), a man was suspected of being involved in a bomb throwing incident. In the course of police investigation he was subjected
to horrible torture in order to extract a confession from him. When he insisted on his innocence, then the police arrested his mother, his wife, daughter and sister and brought them to the police station. They were all stripped naked in his presence and he was stripped naked of all his clothes before their eyes so that a confession of the crime could be extracted from him. It appears as if for the sake of investigation of crime it has become proper and legal in our country to strip the innocent women folk of the household in order to bring pressure on the suspect. This is indeed very outrageous and shameful. This is the height of meanness and depravity. This is not a mere hearsay which I am repeating here, but I have full information
about this case and can prove my allegations in any court of law. I would here like to ask what right such tyrants who perpetrate these crimes against mankind have to tell us that they are Muslims or that they are conducting the affairs of the state according to the teachings of Islam and their state is an Islamic State. They are breaching and flouting a clear law of the Holy Quran. They are stripping men and women naked which is strictly forbidden in Islam.
They disgrace and humiliate humanity and then they claim that they are Muslims.
11. The Right to Basic Necessities of Life
Islam has recognized the right of the needy people that help and assistance will be provided for them. "And in their wealth there is acknowledged right for the needy and the destitute" (51:19). In this verse, the Quran has not only conferred a right on every man who asks for assistance in the wealth of the Muslims, but has also laid down that if a Muslim comes to know that a certain man is without the basic necessities of life, then irrespective of the fact whether he asks for assistance or not, it is his duty to reach him and give all the help that he can extend. For this purpose Islam has not depended only on the help and charity that is
given voluntarily, but has made compulsory charity, zakat as the third pillar of Islam, next only to profession of faith and worship of God through holding regular prayers. The Prophet has clearly instructed in this respect that: "It will be taken from their rich and given to those in the community in need" (al-Bukhari and Muslim). In addition to this, it has also been declared that the Islamic State should support those who have nobody to support them. The Prophet has said: "The Head of state is the guardian of him, who has nobody to support him" (Abu Dawud, al-Tirmidhi). The word wali which has been used by the Prophet is a very comprehensive word and has a wide range of meanings. If there is an orphan or an aged man, if there is a crippled or unemployed person, if one is invalid or poor and has no one else to support him or help him, then it is the duty and the responsibility of the state to support and assist him. If a dead man has no guardian or heir, then it is the duty of the state to arrange for his proper burial. In short the state has been entrusted with the duty and responsibility of looking after all those who need help and assistance. A truly Islamic State is therefore a truly welfare state which will be the guardian and protector of all those in need.
12. Equality Before Law
Islam gives its citizens the right to absolute and complete equality in the eyes of the law. As far as the Muslims are concerned, there are clear instructions in the Holy Quran and hadith that in their rights and obligations they are all equal: "The believers are brothers (to each other)" (49:10). "If they (disbelievers) repent and keep up prayer and pay the Ipoor-due,
they are your brothers in faith" (9:11). The Prophet has said that: "The life and blood of Muslims are equally precious" (Abu Dawud; Ibn Majjah). In another hadith he has said: "The protection given by all Muslims is equal. Even an ordinary man of them can grant protection to any man" (al-Bukhari; Muslim; Abu Dawud). In another more detailed Tradition of the Prophet, it has been said that those who accept the Oneness of God, believe in the Prophethood of His Messenger, give up primitive prejudices and join the Muslim community and brotherhood, "then they have the same rights and obligations as other Muslims have" (al-Bukhari; al-Nisa'i). Thus there is absolute equality between the new converts to Islam and the old followers of the Faith.
This religious brotherhood and the uniformity of their rights and obligations is the foundation of equality in Islamic society, in which the rights and obligations of any person are neither greater nor lesser in any way than the rights and obligations of other people. As far as the non- Muslim citizens of the Islamic State are concerned, the rule of Islamic Shari'ah (law) about them has been very well expressed by the Caliph 'Ali in these words: "They have accepted our protection only because their lives may be like our lives and their properties like our properties" (Abu Dawud). In other words, their (of the dhimmis) lives and properties are as sacred as the lives and properties of the Muslims. Discrimination of people into different classes was one of the greatest crimes that, according to the Quran, Pharaoh used to indulgein: "He had divided his people into different classes," ... "And he suppressed one group of them (at the cost of others)" (28:4).
13. Rulers Not Above the Law
Islam clearly insists and demands that all officials of the Islamic State, whether he be the head or an ordinary employee, are equal in the eyes of the law. None of them is above the law or can claim immunity. Even an ordinary citizen in Islam has the right to put forward a claim or file a legal complaint against the highest executive of the country. The Caliph 'Umar said, "I have myself seen the Prophet, may God's blessings be on him, taking revenge against himself (penalizing himself for some shortcoming or failing)." On the occasion of the Battle of Badr, when the Prophet was straightening the rows of the Muslim army he hit the belly of a soldier in an attempt to push him back in line. The soldier complained "O Prophet, you have hurt me with your stick." The Prophet immediately bared his belly and said: "I am very sorry, you can revenge by doing the same to me." The soldier came forward and kissed the abdomen of the Prophet and said that this was all that he wanted.
A woman belonging to a high and noble family was arrested in connection with a theft. The case was brought to the Prophet, and it was recommended that she may be spared the punishment of theft. The Prophet replied: "The nations that lived before you were destroyed by God because they punished the common men for their offences and let their dignitaries go unpunished for their crimes; I swear by Him (God) who holds my life in His hand that even if Fatimah, the daughter of Muhammad, has committed this crime then I would have amputated her hand." During the caliphate of 'Umar, Muhammad the son of 'Amr ibn al-'As the Governor of
Egypt, whipped an Egyptian. The Egyptian went to Medina and lodged his complaint with the Righteous Caliph, who immediately summoned the Governor and his son to Medina. When they appeared before him in Medina, the Caliph handed a whip to the Egyptian complainant and asked him to whip the son of the Governor in his presence. After taking his revenge when the Egyptian was about to hand over the whip to 'Umar, he said to the Egyptian: "Give one stroke of the whip to the Honourable Governor as well. His son would certainly have not beaten you were it not for the false pride that he had in his father's high office." The plaintiff submitted: "The person who had beaten me, I have already avenged myself on him." 'Umar said: "By God,
if you had beaten him (the Governor) I would not have checked you from doing so. You have spared him of your own free will." Then he ('Umar) angrily turned to 'Amr ibn al-'As and said: "O 'Amr, when did you start to enslave the people, though they were born free of their mothers?" When the Islamic State was flourishing in its pristine glory and splendour, the common people could equally lodge complaints against the caliph of the time in the court and the caliph had to appear before the qadi to answer the charges. And if the caliph had any complaint against any citizen, he could not use his administrative powers and authority to set the matter right, but had to refer the case to the court of law for proper adjudication.
14. The Right to Avoid Sin
Islam also confers this right on every citizen that he will not be ordered to commit a sin, a crime or an offence; and if any government, or the administrator, or the head of department orders an individual to do a wrong, then he has the right to refuse to comply with the order.
His refusal to carry out such crime or unjust instructions would not be regarded as an offence in the eyes of the Islamic law. On the contrary giving orders to one's subordinates to commit a sin or do a wrong is itself an offence and such a serious offence that the officer who gives this sinful order whatever his rank and position may be, is liable to be summarily dismissed. These clear instructions of the Prophet are summarized in the following hadith: "It is not permissible to disobey God in obedience to the orders of any human being" (Musnad of Ibn Hanbal). In other words, no one has the right to order his subordinates to do anything against the laws of God. If such an order is given, the subordinate has the right to ignore it or openly refuse to carry out such instructions. According to this rule no offender will be able to prove his innocence or escape punishment by saying that this offence was committed on the orders of the government or superior officers. If such a situation arises then the person who commits the offence and the person who orders that such an offence be committed, will both be liable to face criminal proceedings against them. And if an officer takes any improper and unjust measures against a subordinate who refuses to carry out illegal orders, then the subordinate has the right to go to the court of law for the protection of his rights, and he can demand that the officer be punished for his wrong or unjust orders.
15. The Right to Participate in the Affairs of State
According to Islam, governments in this world are actually representatives (khulafa') of the Creator of the universe, and this responsibility is not entrusted to any individual or family or a particular class or group of people but to the entire Muslim nation. The Holy Quran says: "God has promised to appoint those of you who believe and do good deeds as (His) representatives on earth" (24:55). This clearly indicates that khilafah is a collective gift of God in which the right of every individual Muslim is neither more nor less than the right of any other person. The correct method recommended by the Holy Quran for running the affairs of
the state is as follows: "And their business is (conducted) through consultation among themselves" (42:38). According to this principle it is the right of every Muslim that either he should have a direct say in the affairs of the state or a representative chosen by him and other Muslims should participate in the consultation of the state. Islam, under no circumstance,
permits or tolerates that an individual or a group or party of individuals may deprive the common Muslims of their rights, and usurp powers of the state. Similarly, Islam does not regard it right and proper that an individual may put up a false show of setting up a legislative assembly and by means of underhand tactics such as fraud, persecution, bribery, etc., gets himself and men of his choice elected in the assembly. This is not only a treachery against the people whose rights are usurped by illegal and unfair means, but against the Creator Who has entrusted the Muslims to rule on this earth on His behalf, and has prescribed the procedure of an assembly for exercising these powers. The shura or the legislative assembly has no other
meaning except that:
1. The executive head of the government and the members of the assembly should be elected by free and independent choice of the people.
2. The people and their representatives should have the right to criticize and freely express their opinions.
3. The real conditions of the country should be brought before the people without suppressing any fact so that they may be able to form their opinion about whether the government is working properly or not.
4. There should be adequate guarantee that only those people who have the support of the masses should rule over the country and those who fail to win this support should be removed from their position of authority.
CHAPTER FOUR: RIGHTS OF ENEMIES AT WAR
After dealing with the rights of the citizens of an Islamic State, I would like to briefly discuss the rights which Islam has conferred on its enemies. In the days when Islam came into focus the world was completely unaware of the concept of humane and decent rules of war. The West became conscious of this concept for the first time through the works of the seventeenth century thinker, Grotius. But the actual codification of the 'international law' in war began in the middle of the nineteenth century. Prior to this no concept of civilized behaviour in war was found in the West. All forms of barbarity and savagery were perpetrated in war, and the rights of those at war were not even recognized, let alone respected. The laws which were framed in this field during the nineteenth century or over the following period up to the present day, cannot be called 'laws' in the real sense of the word. They are only in the nature of conventions and agreements and calling them 'international law' is actually a kind of misnomer, because no nation regards them binding when they are at war, unless, of course, when the adversaries also agree to abide by them. In other words, these civilized laws imply that if our enemies respect them then we shall also abide by them, and if they ignore these human conventions and take recourse to barbaric and cruel ways of waging war, then we shall also adopt the same or similar techniques. It is obvious that such a course which depends on mutual acceptance and agreement cannot be called 'law'. And this is the reason why the provisions of this so-called 'inter- national law' have been flouted and ignored in every way, and every time they have been revised, additions or deletions have been made in them. Law of War and Peace in Islam:
The rules which have been framed by Islam to make war civilized and humane, are in the nature of law, because they are the injunctions of God and His Prophet which are followed by Muslims in all circumstances, irrespective of the behaviour of the enemy. It is now for the scholars to find out how far the West has availed of the laws of war given by Islam thirteen hundred years ago; and even after the adaptation of some of the laws of Islam how far the West attained those heights of civilized and humane methods of warfare which Muslims reached through the blessings of Islam. Western writers have often asserted that the Prophet had borrowed everything in his teachings from the Jews and the Christians. Instead of saying anything in its refutation I will only recommend the reader to refer to the Bible so that he can see which methods of war are recommended by the sacred Book of these Western claimants to civilization and culture.
We have examined in some detail the basic human rights that Islam has conferred on man. Let us now find out what rights and obligations Islam recognizes for an enemy.
The Rights of the Non-Combatants:
Islam has first drawn a clear line of distinction between the combatants and the noncombatants of the enemy country. As far as the non-combatant population is concerned such as women, children, the old and the infirm, etc., the instructions of the Prophet are as follows: "Do not kill any old person, any child or any woman" (Abu Dawud). "Do not kill the monks in monasteries" or "Do not kill the people who are sitting in places of worship" (Musnad of Ibn Hanbal).
During a war, the Prophet saw the corpse of a woman lying on the ground and observed: "She was not fighting. How then she came to be killed?" From this statement of the Prophet the exegetists and jurists have drawn the principle that those who are non-combatants should not be killed during or after the war.
The Rights of the Combatants:
Now let us see what rights Islam has conferred on the combatants.
1. Torture with Fire
In the hadith there is a saying of the Prophet that: "Punishment by fire does not behove anyone except the Master of the Fire" (Abu Dawud). The injunction deduced from this saying is that the adversary should not be burnt alive.
2. Protection of the Wounded
"Do not attack a wounded person"-thus said the Prophet. This means that the wounded soldiers who are not fit to fight, nor actually fighting, should not be attacked.
3. The Prisoner of War Should not be Slain
"No prisoner should be put to the sword"-a very clear and unequivocal instruction given by the Prophet (S).
4. No one Should be Tied to be Killed
"The Prophet has prohibited the killing of anyone who is tied or is in captivity."
5. No Looting and Destruction in the Enemy's Country
Muslims have also been instructed by the Prophet that if they should enter the enemy's territory, they should not indulge in pillage or plunder nor destroy the residential areas, nor touch the property of anyone except those who are fighting with them. It has been narrated in the hadith: "The Prophet has prohibited the believers from loot and plunder" (al-Bukhari; Abu Dawud). His injunction is: "The loot is no more lawful than the carrion" (Abu Dawud). Abu Bakr al-Siddiq used to instruct the soldiers while sending them to war, "Do not destroy the villages and towns, do not spoil the cultivated fields and gardens, and do not slaughter the cattle."
The booty of war which is acquired from the battleground is altogether different from this. It consists of the wealth, provisions and equipment captured only from the camps and military headquarters of the combatant armies.
6. Sanctity of Property
The Muslims have also been prohibited from taking anything from the general public of a conquered country without paying for it. If in a war the Muslim army occupies an area of the enemy country, and is encamped there, it does not have the right to use the things belonging to the people without their consent. If they need anything, they should purchase it from th
local population or should obtain permission from the owners. Abu Bakr al-Siddiq, while instructing the Muslim armies being despatched to the battlefront would go to the extent of saying that Muslim soldiers should not even use the milk of the milch cattle without the permission of their owners.
7. Sanctity of a Dead Body
Islam has categorically prohibited its followers from disgracing or mutilating the corpses of their enemies as was practised in Arabia before the advent of Islam. It has been said in the hadith: "The Prophet has prohibited us from mutilating the corpses of the enemies" (al- Bukhari; Abu Dawud). The occasion on which this order was given is highly instructive. In the
Battle of Uhud the disbelievers mutilated the bodies of the Muslims, who had fallen on the battlefield and sacrificed their lives for the sake of Islam, by cutting off their ears and noses, and threading them together to put round their necks as trophies of war. The abdomen of Hamzah, the uncle of the Prophet, was ripped open by Quraysh, his liver was taken out and chewed by Hind, the wife of Abu Sufyan, the leader of the Meccan army. The Muslims were naturally enraged by this horrible sight. But the Prophet asked his followers not to mete out similar treatment to the dead bodies of the enemies. This great example of forbearance and restraint is sufficient to convince any reasonable man who is not blinded by prejudice or bias,
that Islam is really the religion sent down by the Creator of the universe, and that if human emotions had any admission in Islam, then this horrible sight on the battlefield of Uhud would have provoked the Prophet to order his followers to mutilate the bodies of their enemy in the same manner.
8. Return of Corpses of the Enemy
In the Battle of Ahzab a very renowned and redoubtable warrior of the enemy was killed and his body fell down in the trench which the Muslims had dug for the defence of Medina. The unbelievers presented ten thousand dinars to the Prophet and requested that the dead body of their fallen warrior may be handed over to them. The Prophet replied "I do not sell dead bodies. You can take away the corpse of your fallen comrade."
9. Prohibition of Breach of Treaties
Islam has strictly prohibited treachery. One of the instructions that the Prophet used to give to the Muslim warriors while sending them to the battlefront was: "Do not be guilty of breach of faith." This order has been repeated in the Holy Quran and the hadith again and again, that if the enemy acts treacherously let him do so, you should never go back on your promise.
There is a famous incident in the peace treaty of Hudaybiyyah, when after the settlement of the terms of the treaty, Abu Jandal, the son of the emissary of the unbelievers who had negotiated this treaty with the Muslims, came, fettered and blood-stained, rushing to the Muslim camp and crying for help. The Prophet told him "Since the terms of the treaty have been settled, we are not in a position to help you out. You should go back with your father.
God will provide you with some other opportunity to escape this persecution." The entire Muslim army was deeply touched and grieved at the sad plight of Abu Jandal and many of them were moved to tears. But when the Prophet declared that "We cannot break the agreement", not even a single person came forward to help the unfortunate prisoner, so the unbelievers forcibly dragged him back to Makkah. This is an unparalleled example of the
observance of the terms of agreement by the Muslims, and Islamic history can show many examples of a similar nature.
10. Rules About Declaration of War
It has been laid down in the Holy Quran: "If you apprehend breach of treaty from a people, then openly throw the treaty at their faces" (8:58). In this verse, Muslims have been prohibited from opening hostilities against their enemies without properly declaring war against them, unless of course, the adversary has already started aggression against them.
Otherwise the Quran has clearly given the injunction to Muslims that they should intimate to their enemies that no treaty exists between them, and they are at war with them. The present day 'international law' has also laid down that hostilities should not be started without declaration of war, but since it is a man-made rule, they are free to violate it whenever it is convenient. On the other hand, the laws for Muslims have been framed by God, hence they cannot be violated.
Conclusion:
This is a brief sketch of those rights which fourteen hundred years ago Islam gave to man, to those who were at war with each other and to the citizens of its state, which every believer regards as sacred as law. On the one hand, it refreshes and strengthens our faith in Islam when we realize that even in this modern age which makes such loud claims of progress and enlightenment, the world has not been able to produce juster and more equitable laws than those given 1400 years ago. On the other hand it hurts one's feelings that Muslims are in possession of such a splendid and comprehensive system of law and yet they look forward for guidance to those leaders of the West who could not have dreamed of attaining those heights of truth and justice which was achieved a long time ago. Even more painful than this is the realization that throughout the world the rulers who claim to be Muslims have made disobedience to their God and the Prophet as the basis and foundation of their government.
May God have mercy on them and give them the true guidance.
Wednesday, June 11, 2008
HUMAN RIGHT IN ISLAM
SCIENTIFIC COMPARISON BETWEEN QUR’AN AND BIBLE
If you glance through the Bible and the Qur’an you may find several points which appear to be exactly the same in both of them, but when you analyse them closely, you realise that there is a difference of ‘chalk and cheese’ between them. Only based on historical details it is difficult for someone who is neither conversant with Christianity or Islam to come to a firm decision as to which of the scriptures is true; however if you verify the relevant passages of both the scriptures against scientific knowledge, you will yourself realize the truth.
Creation of the Universe in Six Days
As per the Bible, in the first book of Genesis in Chapter One, the universe was created in six days and each day is defined as a twenty-four hours period. Even though the Qur’an mentions that the universe was created in six ‘Ayyaams’, ‘Ayyaam’ is the plural of years; this word has two meanings: firstly, it means a standard twenty-four hours period i.e. a day, and secondly, it also means stage, period or epoch which is a very long period of time.
When the Qur’an mentions that the universe was created in six ‘Ayyaams’, it refers to the creation of the heavens and the earth in six long periods or epochs; scientists have no objection to this statement. The creation of the universe has taken billions of years, which proves false or contradicts the concept of the Bible which states that the creation of the Universe took six days of twenty-four hour durations each.
Sun Created After the Day
The Bible says in chapter 1, verses 3-5, of Genesis that the phenomenon of day and night was created on the first day of creation of the Universe by God. The light circulating in the universe is the result of a complex reaction in the stars; these stars were created according to the Bible (Genesis chapter 1 verse 14 to 19) on the fourth day. It is illogical to mention the result that is the light (the phenomenon of day and night) was created on the first day of Creation when the cause or source of the light was created three days later. Moreover the existence of evening and morning as elements of a single day is only conceivable after the creation of the earth and its rotation around the sun. In contrast with the contents of the Bible on this issue, the Qur’an does not give any unscientific sequence of Creation. Hence it is absolutely absurd to say that Prophet Muhummad (pbuh) copied the passages pertaining to the creation of the universe from the Bible but missed out this illogical and fantastic sequence of the Bible.
Creation of the Sun, The Earth and the Moon
According to the Bible, Book of Genesis, chapter 1, verses 9 to 13, the earth was created on the third day, and as per verses 14 to 19, the sun and the moon were created on the fourth day. The earth and the moon emanated, as we know, from their original star, the Sun. Hence to place the creation of the sun and the moon after the creation of the earth is contrary to the established idea about the formation of the solar system.
Vegetation Created on the third day and Sun on the fourth day
According to the Bible, Book of Genesis, chapter 1, verses 11-13, vegetation was created on the third day along with seed-bearing grasses, plants and trees; and further on as per verses 14-19, the sun was created on the fourth day. How is it scientifically possible for the vegetation to have appeared without the presence of the sun, as has been stated in the Bible?
If Prophet Muhummad (pbuh) was indeed the author of the Qur’an and had copied its contents from the Bible, how did he manage to avoid the factual errors that the Bible contains? The Qur’an does not contain any statements which are incompatible with scientific facts.
The Sun and the Moon both Emit light
According to the Bible both the sun and the moon emit their own light. In the Book of Genesis, chapter 1, verse 16 says, "And God made two great lights; the greater light to rule the day, and the lesser light to rule the night".
Science tells us today that the moon does not have its own light. This confirms the Qur’anic concept that the light of the moon is a reflected light. To think that 1400 years ago, Prophet Muhummad (pbuh) corrected these scientific errors in the Bible and then copied such corrected passages in the Qur’an is to think of something impossible.
source: Islamic Research Foundation www.irf.net
Tuesday, April 22, 2008
Do You Want To Know Something New?
As Salamualaikum...
Islam is a religion that has been persecuted everywhere, many of non-Muslims think that Islam is the religion of terrorists. But why thousands of European and American people converted to Islam every year. Is it true that every Muslim is terrorist? Is it true that Islam the fastest growing religion is the religion of terrorist?
Please think with deep thinking about Islam, or you can go to Islamic Center and ask the truth of Islam. Or you can ask me about Islam, if I know I will answer it, if I don't, I will ask help from Muslim brothers and sisters to help me. Or you should go to Muslim scholars and inshaAllah they will help you as much as they can.
What is Islam?
Who is Allah?
Can Muslim be a Terrorist?
Convert to Islam
Thank you so much for seeing my blog, may God guide you and love you.
Wa Salamualaikum See also
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Thursday, April 10, 2008
Story Of Abraham And His Wives
As Salamualaikum...I am back with the story of Abraham and his wives, I was asked by christians buch of questions about it. Then I asked my brother in Islam to answer those questions so this is his answers.
In The Name Of Allah, The Most Beneficent, The Most Merciful.
Walaikum Salam
All Praise is to Allah, who made us Muslims and gave us the Hidayah (Guidance) to propagate Truth. May Allah increase our Faith & Knowledge.
Brother, regarding your Query about Mother Hajirah (HAGAR) and what the Christians claim, I simply say that we as Muslims have to believe that Islam is the Religion accepted by Allah and it is perfect. As said in the Holy Quran
This day have I perfected your religion for you and completed My favour unto you, and have chosen for you as religion AL-ISLAM. Quran 5 : 3
We as Muslims should take Holy Quran and the Sayings of Holy Prophet Muhammad Peace Be Upon Him as the Criteria and see the world from Islamic Glasses, if not we will be in confusion. Quoting the verses from the Bible doesn’t mean that the entire Bible is correct, no only that part which matches the Islamic concept.
The concept of Racism in the Bible is totally negated by Islam, Prophet Muhammad Peace Be Upon Him Said "an Arab has no superiority over a non-Arab nor a non-Arab has any superiority over an Arab; also a white has no superiority over a black nor a black has any superiority over a white - except by piety and good action."
Hadrath Bilal (R.A), A black Slave who was persecuted for accepting the Truth was freed, He was the first Muazzin of Islam who use to stand on top of Kabah to call for prayer and to this day and until to the day of Judgement all Muslims Love Him.
Hadhrath Salman Farsi (R.A), a Slave from Persia and his master was a Jew. He accepted the Truth Prophet (PBUH) freed him. He is remembered for his advice to Prophet (PBUH) to dig a Trench and that battle was named after it "Battle of Trench" and many such examples one will find.
So from the Islamic Point of View we make no difference whether one is a Slave or Master. The Holy Quran Teaches us
"But he hath made no haste on the path that is steep. And what will explain to thee the path that is steep?- (It is:) freeing the bondman; Or the giving of food in a day of privation To the orphan with claims of relationship, Or to the indigent (down) in the dust. Then will he be of those who believe, and enjoin patience, (constancy, and self-restraint), and enjoin deeds of kindness and compassion. Such are the Companions of the Right Hand." Holy Quran Chapter 90 Verses 11 – 18.
The Bond Women, the Slave Women are all the Sicknesses of Jews & Christians, Alhamdulillah Islam cured us from all these malaise.
Still for the sake of information there is no mention of Hajirah or Sarah in Quran by name but you will find it in the Sayings of Prophet Muhammad (PBUH).
CONVINCING A CHRISTIAN
1. The Bible says in Genesis Chapter 16 Verse 3 that Hagar was Wife of Prophet Abraham (PBUH),
"And Sarai (Sarah) Abram's (Abraham) wife took Hagar her maid the Egyptian, after Abram had dwelt ten years in the land of Canaan , and gave her to her husband Abram to be his wife."
For 10 Years Hagar was with Sarah & Prophet Abraham (PBUH) and then Sarah married Hagar to Abraham (PBUH), Wife is mentioned in all the Versions of the Bible
1. New American Standard Bible
2. King James Bible
3. World English Bible
4. American King James Version
5. American Standard Version
6. Bible in Basic English
7. Douay-Rheims Bible
8. Darby Bible Translation
9. English Revised Version
10. Jewish Publication Society Tanakh
11 Webster's Bible Translation
12 Young's Literal Translation
2. God Talking to Hagar Through Angle Gabriel Promises Her and Helps Her. But Christians claim she is Bond / Slave Women (Astaghfirullah)
a. Genesis 16 : 7 – 11 And the angel of the LORD found her by a fountain of water in the wilderness, by the fountain in the way to Shur. And he said, Hagar, Sarai's maid, whence camest thou? and whither wilt thou go? And she said, I flee from the face of my mistress Sarai. And the angel of the LORD said unto her, Return to thy mistress, and submit thyself under her hands. And the angel of the LORD said unto her, I will multiply thy seed exceedingly, that it shall not be numbered for multitude. And the angel of the LORD said unto her, Behold, thou art with child and shalt bear a son, and shalt call his name Ishmael; because the LORD hath heard thy affliction.
b. Genesis 21 : 17 – 19 And God heard the voice of the lad; and the angel of God called to Hagar out of heaven, and said unto her, What aileth thee, Hagar? fear not; for God hath heard the voice of the lad where he is. Arise, lift up the lad, and hold him in thine hand; for I will make him a great nation. And God opened her eyes, and she saw a well of water (ZAM ZAM); and she went, and filled the bottle with water, and gave the lad drink.
3. Which Wife has more right as per Bible
a. Deuteronomy 21 : 15 – 17 If a man have two wives, one beloved, and another hated, and they have born him children, both the beloved and the hated; and if the firstborn son be hers that was hated: Then it shall be, when he maketh his sons to inherit that which he hath, that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn: But he shall acknowledge the son of the hated for the firstborn, by giving him a double portion of all that he hath: for he is the beginning of his strength; the right of the firstborn is his.
4. Hypocrisy & Racism of PAUL which Jesus (PBUH) never told.
a. 1 Corinthians 7 : 21 – 23 Art thou called being a servant? care not for it: but if thou mayest be made free, use it rather. For he that is called in the Lord, being a servant, is the Lord's freeman: likewise also he that is called, being free, is Christ's servant. Ye are bought with a price; be not ye the servants of men.
Contradiction below
b. Galatians 4 : 22 – 31 For it is written, that Abraham had two sons, the one by a bondmaid, the other by a freewoman. But he who was of the bondwoman was born after the flesh; but he of the freewoman was by promise. Which things are an allegory: for these are the two covenants; the one from the mount Sinai, which gendereth to bondage, which is Agar. For this Agar is mount Sinai in Arabia, and answereth to Jerusalem which now is, and is in bondage with her children. But Jerusalem which is above is free, which is the mother of us all. ….. Now we, brethren, as Isaac was, are the children of promise. But as then he that was born after the flesh persecuted him that was born after the Spirit, even so it is now. Nevertheless what saith the scripture? Cast out the bondwoman and her son: for the son of the bondwoman shall not be heir with the son of the freewoman. So then, brethren, we are not children of the bondwoman, but of the free.
5. If they are from the Chosen and Promised People then why
a. For past 1429 Years the Promised Land is with Muslims (except for a few decades), and Alhamdulillah it was ruled by God’s Laws and Commandments and people were leaving peacefully. And now we see they have gone worst than the Wild Animals and they claim that to be the Children of Isaac who was born of a Free Women.
6. Why the Governor of New York was rejected by its People?
a. Because he did an immoral act and his actions were contrary to Peoples Expectation, a Land which is filled with Alcohol, Incest, Adultery, Immodesty etc. does not accept a Governor how can People of those days accept Prophet Abraham (PBUH) if he (May Allah forgive) did wrong by going to Hagar without a marriage and How can such a man becomes so dear to God that God makes an everlasting Covenant with him.
7. What if one is born to Slave Parents?
a. If a child is born to a Mother who is a Slave, for him this god of Christians or Jews is unjust and racist because this god discriminates and treats in undignified way to his Slave Mother and himself.
Brother, "Truth has come and Falsehood has perished Falsehood is ever bound to perish"
I have tried to answer you query to my understanding, May Allah forgive me if I am wrong and give us Hidayah.
My other 2 presentations will be helpful to you in this regard
1. Who Was Sacrificied.
2. The Foretold Prophet.
Also please check this website it will help you a lot inshallah.
http://www.answering-christianity.com/
Jazakallah Khair
Syed Zakir Hussian / Abu Syed Umar
Gigih Shofa Uzaman
As Salamualaykum wa rohmatullahi Wa Barokaatuh
Peace from Allah be to all muslim in the world,
Let me introduce my self, my name is Gigih Shofa Uzaman. I am an exchange student from Indonesia, and now I am in the United States. And it is also my duty to convey the word of Allah to the people around here. I really need help from you, I am really thankful for you from your presentation about "Similiarities between Islam and Christianity" that I did download from sharing site.
I need the information of Abraham and his wives (Sarah, Hagar, and Sarai) from the noble Qur'an and every source you have, especially about Hajar(Hagar). Because the christian people around here often say that Hajar(Hagar) was not married to Abraham. I dont really believe their statement, I also have read in Bible english version The Book of Genesis chapter 16 that Hagar was just a maidservant to Sarai. In this version Sarai also was Abraham's wife.
Thank you for your information, may Allah bless you all and give you the paradise, may Allah give you the best life in this world and in the hereafter.
was salamualaykum wa rohmatullahi Wa Barokaatuh
Gigih Shofa Uzaman
e-mail: aboe_etc@yahoo.com
web: aboepersonal.blogspot.com
Wa Salamualaikum
Sunday, April 6, 2008
40 Hadith Nawawi
In the Name of Allah, the Merciful, the Compassionate
"And take that which the Messenger has brought you"(the Holy Quran)
Translation of Imam An-Nawawi's Book
This is the book of the Islamic scholar Yahia bin Sharaful-Deen An-Nawawi ( ). The book is now known as "An-Nawawi's Forty Hadiths". This is a popular small book in which the author gathered forty two of the sayings of prophet Muhammed salla Allah u alihi wa sallam.
Introduction
Praise be to Allah, Lord of the worlds. Eternal Guardian of the heavens and the earths, Disposer of all created beings, Despatcher of Messengers (may the blessings and peace of Allah be upon them all) who were sent to those they have been entrusted to guide and to reveal the religious laws to, with positive signs and clear-cut proofs. I praise Him for His favours and ask Him to increase His grace and generosity. I bear witness that there is no god but Allah alone, He having no associate, the One, the Subduer, the Generous, the Pardoner, and I bear witness that our master Muhammed is His servant and His messenger, His dear one and His beloved, the best of created beings, who was honoured with the precious Quran, the enduring miracle through the passing of the years, and with the sunnahs that enlighten spiritual guides; our master Muhammed, singled out for pithiness of speech and tolerance in religion may the blessings and peace of Allah be upon him, upon the rest of the prophets and messengers, and upon all their families and upon the rest of godly persons.
To proceed: It has been transmitted to us on the authority of Ali bin Abi Talib, Abdullah bin Masud, Muadh bin Jabal, Abu Al-Darda, Ibn Omar, Ibn Abbas, Anas bin Malik, Abu Hurairah and Abu Saeed Al-Khudri, may Allah be pleased with them all, through many chains of authorities and in various versions, that the messenger of Allah said: "Whosoever memorises and preserves for my people forty hadith relating to their religion, Allah will resurrect him on the Day of Judgment in the company of jurists and religious scholars ".
In another version it reads: "Allah will resurrect him as a jurist and religious scholar ". In the version of Abu Al-Darda it reads: "On the Day of Judgment I shall be an intercessor and a witness for him". In the version of Ibn Masud it reads: "It will be said to him: Enter by whichever of the doors of Paradise you wish ". In the version of Ibn Omar it reads: " He will be written down in the company of the religious scholars and will be resurrected in the company of the martyrs ". Scholars of hadith are agreed that it is a weak hadith despite its many lines of transmission.
The religious scholars, may Allah be pleased with them, have composed innumerable works in this field. The first one I knew of who did so was Abdullah bin Al-Mubarak, followed by Ibn Aslam Al-Tusi, the godly scholar, then Al-Hasan bin Sufiyan Al-Nasai, Abu Bakr Al-Ajurri, Abu-Bakr Mubammad bin Ibrahim Al-Asfihani, Al-Daraqutni, Al-Hakim, Abu Nuaim, Abu Abd Al-Rahman Al-Sulami, Abu Saeed Al-Malini, Abu Uthman Al-Saboni, Abdullah bin Muhammed Al-Ansari, Abu Bakr Al-Baihaqi, and countless others, both ancient and modern.
I have asked Allah Almightly for guidance in bringing together forty hadith in emulation af those eminant religious leaders and guardians of Islam. Religious scholars are agreed it is permissible to put into practice a weak hadith if virtuous deeds are concerned; despite this, I do not rely on this hadith but on his having said the [ following ] sound hadith: "Let him who was a witness among you inform him who was absent", and on his having said : "May Allah make radiant [the face of] someone who has heard what I have said, has learnt it by heart and has transmitted it as he heard it". Furthermore, there were some religious scholars who brought together forty hadiths on the basic rules of religion, on subsidiary matters, or on jihad, while others did so on asceticism, on rules of conduct or on sermons. All these are godly aims-may Allah be pleased with those who pursued them. I, however, considered it best to bring together forty hadith more important than all of these, being forty hadith which would incolporate all of these, each hadith being one of the great precepts of religion, described by religious scholars as being "the axis of Islam " or "the half of Islam" or "the third of it ", or the like, and to make it a rule that these forty hadith be [classified as] sound and that the majority of them be in the sahihs of Al-Bukhari and Muslim. I give them without the chains of authorities so as to make it easier to memorise them and to make them of wider benefit if Allah Almighty wills, and I append to them a section explaining abstruse expressions.(Note here) every person wishing to attain the Hereafter should know these hadith because of the important matters they contain and the directions they give in respect of all forms of obedience, this being obvious to anyone who has reflected upon it. On Allah do I rely and depend and to Him do I entrust myself; to Him be praise and grace, and with Him is success and immunity [to errors].
On the authority of Omar bin Al-Khattab, who said : I heared the messenger of Allah salla Allah u alihi wa sallam say :"Actions are but by intention and every man shall have but that which he intended. Thus he whose migration was for Allah and His messenger, his migration was for Allah and His messenger, and he whose migration was to achieve some worldly benefit or to take some woman in marriage, his migration was for that for which he migrated."
related by Bukhari and Muslim
Also on the authority of Omar, who said :
One day while we were sitting with the messenger of Allah there appeared before us a man whose clothes were exceedingly white and whose hair was exceedingly black; no signs of journeying were to be seen on him and none of us knew him. He walked up and sat down by the prophet. Resting his knees against his and placing the palms of his hands on his thighs, he said:"O Muhammed, tell me about Islam". The messenger of Allah said: "Islam is to testify that there is no god but Allah and Muhammed is the messenger of Allah, to perform the prayers, to pay the zakat, to fast in Ramadhan, and to make the pilgrimage to the House if you are able to do so." He said:"You have spoken rightly", and we were amazed at him asking him and saying that he had spoken rightly. He said: "Then tell me about eman."He said:"It is to believe in Allah, His angels, His books, His messengers, and the Last Day, and to believe in divine destiny, both the good and the evil thereof." He said:"You have spoken rightly". He said: " Then tell me about ehsan." He said: "It is to worship Allah as though you are seeing Him, and while you see Him not yet truly He sees you". He said: "Then tell me about the Hour". He said: "The one questioned about it knows no better than the questioner." He said: "Then tell me about its signs." He said: "That the slave-girl will give birth to her mistress and that you will see the barefooted, naked, destitute herdsman competing in constructing lofty buildings." Then he took himself off and I stayed for a time. Then he said: "O Omar, do you know who the questioner was?" I said: "Allah and His messenger know best". He said: "He was Jebreel (Gabriel), who came to you to teach you your religion."narrated by Muslim
On the authority of Ibn Omar, the son of Omar bin Al-Khattab, may Allah be pleased with both, who said : I heared the messenger of Allah say :"Islam has been built on five [pillars]: testifying that there is no god but Allah and that Muhammed is the messenger of Allah, performing the prayers, paying the zakat, making the pilgrimage to the House, and fasting in Ramadan."related by Bukhari and Muslim
On the authority of Abdullah bin Masud, who said : the messenger of Allah, and he is the truthful, the believed narrated to us :"Verily the creation of each one of you is brought together in his mother's belly for forty days in the form of seed, then he is a clot of blood for a like period, then a morsel of flesh for a like period, then there is sent to him the angel who blows the breath of life into him and who is commanded about four matters: to write down his means of livelihood, his life span, his actions, and whether happy or unhappy. By Allah, other than Whom there is no god, verily one of you behaves like the people of Paradise until there is but an arm's length between him and it, and that which has been written over takes him and so he behaves like the people of Hell-fire and thus he enters it; and one of you behaves like the people of Hell-fire until there is but an arm's length between him and it, and that which has been written over takes him and so he behaves like the people of Paradise and thus he enters it."related by Bukhari and Muslim
On the authority of Aishah, who said : The messenger of Allah said:"He who innovates something in this matter of ours that is not of it will have it rejected."narrated by Bukhari and MuslimAnd in one version by Muslim it reads :"He who does an act which our matter is not [in agreement] with will have it rejected."
On the authority of Al-Numan bin Basheer, who said : I heared the messenger of Allah say :"That which is lawful is plain and that which is unlawful is plain and between the two of them are doubtful matters about which not many people know. Thus he who avoids doubtful matters clears himself in regard to his religion and his honor, but he who falls into doubtful matters falls into that which is unlawful, like the shepherd who pastures around a sanctuary, all but grazing therein. Truly every king has a sanctuary, and truly Allah's sanctuary is His prohibitions. Truly in the body there is a morsel of flesh which, if it be whole, all the body is whole and which, if it be diseased, all of it is diseased. Truly it is the heart."narrated by Bukhari and Muslim
On the authority of Tamim Al-Dari that the prophet said:"Religion is sincerity". We said: "To whom?" He said: "To Allah and His Book, and His messenger, and to the leaders of the Muslims and their common folk".narrated by Muslim
Abdullah bin Omar narrated that the messenger of Allah said:"I have been ordered to fight against people until they testify that there is no god but Allah and that Muhammed is the messenger of Allah and until they perform the prayers and pay the zakat, and if they do so they will have gained protection from me for their lives and property, unless [they do acts that are punishable] in accordance with Islam, and their reckoning will be with Allah the Almighty."related by Bukhari and Muslim.
On the authority of Abu Hurairah, who said : I heared the messenger of Allah say :"What I have forbidden to you, avoid; what I have ordered you [to do], do as much of it as you can. It was only their excessive questioning and their disagreeing with their prophets that destroyed those who were before you."related bu Bukhari and Muslim
On the authority of Abu Hurairah, who said : the messenger of Allah said : "Allah the Almighty is good and accepts only that which is good. Allah has commanded the faithful to do that which he commanded the messengers, and the Almighty has said: "O ye messengers ! Eat of the good things and do right". And Allah the Almighty has said : "O ye who believe! Eat of the good things wherewith We have provided you"Then he mentioned [the case of] a man who, having journeyed far, is dishevelled and dusty and who spreads out his hands to the sky [saying] : "O Lord! O Lord!" - while his food is unlawful, his drink unlawful, his clothing unlawful, and he is nourished unlawfully, so how can he be answered !"related by Muslim
On the authority of Al-Hasan bin Ali, the grandson of the messenger of Allah, who said : I memorized from the messenger of Allah his saying :
"Leave that which makes you doubt for that which does not make you doubt." narrated by Termithi and Nasaee, and Tirmithi said it is true and fine hadith.
On the authority of Abu Hurairah, who said : The messenger of Allah said :"Part of someone's being a good Muslim is his leaving alone that which does not concern him."fine hadith narrated by Termithi and others
On the authority of Anas bin Malik, the servant of the messenger of Allah, that the prophet said : "None of you [truely] believes until he wishes for his brother what he wishes for himself."related by Bukhari and Muslim
Abdullah bin Masud narrated that the messenger of Allah said :"The blood of a Muslim may not be legally spilt other than in one of three [instances] : the married person who commits adultery; a life for a life; and one who forsakes his religion and abandons the community."it was related by Bukhari and Muslim
Abu Hurairah narrated that the messenger of Allah said :"Let him who believes in Allah and the Last Day either speak good or keep silent, and let him who believes in Allah and the Last Day be generous to his neighbour, and let him who believes in Allah and the Last Day be generous to his guest."related by Bukhari and Muslim
On the authority of Abu Hurairah, who said : a man said to the prophet :
"Counsel me". He said : " Do not become angry". The man repeated [his request] several times, and he said: "Do not become angry ".narrated by Bukhari
Abu Yaala Shaddad bin Aws said that the messenger of Allah said :"Verily Allah has prescribed proficiency in all things. Thus, if you kill, kill well; and if you slaughter, slaughter well. Let each one of you sharpen his blade and let him spare suffering to the animal he slaughters."related by Muslim.
On the authority of Abu Dhar Jundub bin Junadah, and Muadh bin Jabal that the messenger of Allah said :"Fear Allah wherever you are, and follow up a bad deed with a good one and it will wipe it out, and behave well towards people."Tirmithi narrated the hadith and said it was fine, and in another version, said ture and fine
On the authority of Abdullah bin Abbas, who said : One day I was behind the prophet and he said to me:
"Young man, I shall teach you some words [of advice] : Be mindful of Allah, and Allah will protect you. Be mindful of Allah, and you will find Him in front of you. If you ask, ask of Allah; if you seek help, seek help of Allah. Know that if the Nation were to gather together to benefit you with anything, it would benefit you only with something that Allah had already prescribed for you, and that if they gather together to harm you with anything, they would harm you only with something Allah had already prescribed for you. The pens have been lifted and the pages have dried."narrated by Termithi, who said it is true and fine hadithIn a version other than that of Tirmithi it reads:"..Be mindful of Allah, you will find Him before you. Get to know Allah in prosperity and He will know you in adversity. Know that what has passed you by was not going to befall you; and that what has befallen you was not going to pass you by. And know that victory comes with patience, relief with affliction, and ease with hardship."
Uqbah bin Amre Al-Ansari narrated that the messenger of Allah said :"Among the words people obtained from the First Prophecy are : If you feel no shame, then do as you wish."It was related by Bukhari.
On authority of Sufian bin Abdullah, may Allah be pleased with him said:I said: "O Messenger of Allah, tell me something about Islam which I can ask of no one but you". He said:" Say:'I believe in Allah', and thereafter be upright."related by Muslim.
Jaber bin Abdullah Al-Ansari narrated that :A man asked the messenger of Allah : "Do you think that if I perform the obligatory prayers, fast in Ramadan, treat as lawful that which is lawful and treat as forbidden that which is forbidden, and do nothing further, I shall enter Paradise ?"He said: "Yes."related by Muslim.
On the authority of Abu Malik Al-Harith bin Asim Al-Ashari said that the messenger of Allah said:"Purity is half of faith. alhamdu-lillah [Praise be to Allah] fills the scales, and subhana-Allah [How far is Allah from every imperfection] and alhamdu-lillah [Praise be to Allah] fill that which is between heaven and earth. Prayer is light; charity is a proof; patience is illumination; and the Quran is an argument for or against you. Everyone starts his day and is a vendor of his soul, either freeing it or bringing about its ruin."related by Muslim.
On the authority of Abu Dharr Al-Ghafari, of the prophet is that among the sayings he relates from his Lord is that He said:
"O My servants, I have forbidden oppression for Myself and have made it forbidden amongst you, so do not oppress one another.
O My servants, all of you are astray except for those I have guided, so seek guidance of Me and I shall guide you. O My servants, all of you are hungry except for those I have fed, so seek food of Me and I shall feed you. O My servants, all of you are naked except for those I have clothed, so seek clothing of Me and I shall clothe you. O My servants, you sin by night and by day, and I forgive all sins, so seek forgiveness of Me and I shall forgive you.
O My servants, you will not attain harming Me so as to harm Me, and you will not attain benefiting Me so as to benefit Me. O my servants, were the first of you and the last of you, the human of you and the jinn of you to become as pious as the most pious heart of any one man of you, that would not increase My kingdom in anything. O My servants, were the first of you and the last of you, the human of you and the jinn of you to be as wicked as the most wicked heart of any one man of you, that would not decrease My kingdom in anything. O My servants, were the first of you and the last of you, the human of you and the jinn of you to rise up in one place and make a request of Me, and were I to give everyone what he requested, that would not decrease what I have, any more than a needle decreases the sea if put into it.
O My servants, it is but your deeds that I reckon up for you and then recompense you for, so let him who finds good praise Allah, and let him who finds other than that blame no one but himself."
related by Muslim.
On the authority of Abu Dharr :Some of the companions of the messenger of Allah said :" O Messenger of Allah, the affluent have made of with the rewards, they pray as we pray they fast as we fast, and they give away in charity the superfluity of their wealth." He said:" Has not Allah made things for you to give away in charity ? every tasbihah is a charity, every takbirah is a charity, every tahmidah is a charity, and every tahlilah is a charity, to enjoin a good action is a charity, to forbid an evil action is a charity, and in the sexual act of each of you there is a charity." They said: "O Messenger of Allah, when one of us fulfils his sexual desire will he have some reward for that?" He said: "Do you not think that were he to act upon it unlawfully he would be sinning ? Likewise, if he has acted upon it lawfully he will have a reward."related by Muslim.
On the authority of Abu Hurairah, who said: The messenger of Allah said : "Each person's every joint must perform a charity every day the sun comes up : to act justly between two people is a charity; to help a man with his mount, lifting him onto it or hoistingd up his belongings onto it is a charity: a good word is a charity, every step you take to prayers is a charity and removing a harmful thing from the road is a charity."related by Bukhari and Muslim.
On the authority of Al-Nawwas bin Samaan, that the prophet said:"Righteousness is good morality, and wrongdoing is that which wavers in your soul and which you dislike people finding out about."related by Muslim.
And on the authority of Wabisa bin Mabad, may Allah be pleased with him, who said:I came to the messenger of Allah and he said: "You have come to ask about righteousness ?" . I said:" Yes." He said: "Consult your heart. Righteousness is that about which the soul feels tranquil and the heart feels tranquil, and wrongdoing is that which wavers in the soul and moves to and from in the breast even though people again and again have given you their legal opinion [in its favor]."a good hadith transmetted from the Musnads of the two Imams, Ahmed bin Hanbal and Al-Darimi, with a good chain of authorities.
On the authority of Abu Najih Al-Erbadh bin Sariah, who said :The messenger of Allah gave us a sermon by which our hearts were filled with fear and tears came to our eyes. We said: "O Messenger of Allah, it is as though this is a farewell sermon, so councel us." He said: "I councel you to fear Allah and to give absolute obedience even if a slave becomes your leader. Verily he among you who lives [long] will see great controversy, so you must keep to my sunnah and to the sunnah of the rightly-guided Khalifahs - cling to them stubbornly. Beware of newly invented matters, for every invented matter is an innovation and every innovation is a going astray, and every going astray is in Hell-fire."related by Abu Dawud and Al-Tirmithi, who said that it was a fine and true Hadith.
On the authority of Muadh bin Jabal, who said:I said: "O Messenger of Allah, tell me of an act which will take me into Paradise and will keep me away from Hell fire." He said: "You have asked me about a major matter, yet it is easy for him for whom Allah Almighty makes it easy. You should worship Allah, associating nothing with Him, you should perform the prayers, you should pay the zakat, you should fast in Ramadan, and you should make the pilgrimage to the House." Then he said:" Shall I not show you the gates of goodness ? Fasting [which] is a shield, charity [which] extigueshes sin as water extebgueshes fire; and the praying of a man in the deapth of night." Then he recited :
"Who forsake their beds to cry unto their Lord in fear and hope, and spend of that We have bestowed on them. No soul knoweth what is kept hid for them of joy, as a reward for what they used to do". (quran, verse)
Then he said: " Shall I not tell you of the peak of the matter, its pillar, and its topmost part?" I said: "Yes, O Messenger of Allah." He said: "The peak of the matter is Islam; the pillar is prayer; and its topmost part is jihad." Then he said: "Shall I not tell you of the controling of all that ?" I said:"Yes, O Messenger of Allah", and he took hold of his tongue and said: "Restrain this." I said: "O Prophet of Allah, will what we say be held against us ?" He said: "May your mother be bereaved of you, Muadh ! Is there anything that topples people on their faces - or he said on their noses into Hell-fire other than the jests of their tongues ?"related by Al-Tirmithi, who said it was a fine and true hadlth.
On the authority of Jurthum bin Nashir that the messenger of Allah said : "Allah the Almighty has laid down religious duties, so do not neglict them. He has set boundaries, so do not over step them. He has prohibited some things, so do not violate them; about some things He was silent-out of compassion for you, not forgetfulness, so seek not after them."a fine hadith related by Al-Daraqutni and others.
On the authority of Sahl bin Saad Al-Saedi, who said :A man came to the prophet and said: "O Messenger of Allah, direct me to an act which, if I do it, [will cause] Allah to love me and people to love me." He said: "Renounce the world and Allah will love you, and renounce what people possess and people will love you."a fine Hadith related by Ibn Majah and others with good chains of authorities.
On the authority of Saad bin Malik Al-Khudari, that the messenger of Allah said : "There should be neither harming nor reciprocating harm."a fine hadith related by Ibn Majah, Al-Daraqutni and others
On the authority of Ibn Abbas that the Messenger of Allah said:"Were people to be given in accordance with their claim, men would claim the fortunes and lives of [other] people, but the onus of proof is on the claimant, and the taking of an oath is incumbent upon him who denies."a fine hadith related by Al-Baihaqi and others
On the authority of Abu Saeed Al-Khurdari, who said: I heard the messenger of Allah say: "Whosoever of you sees an evil action, let him change it with his hand; and if he is not able to do so, then with his tongue; and if he is not able to do so, then with his heart; and that is the weakest of faith."related by Muslim.
On the authority of Abu Hurairah, who said : the messenger of Allah said :"Do not envy one another; do not inflate prices one to another; do not hate one another; do not turn away from one another; and do not undercut one another, but be you, O servants of Allah, brothers. A muslim is the brother of a muslim: he neither oppresses him nor does he fail him, he neither lies to him nor does he hold him in contempt. Piety is right here-and he pointed to his breast three times. It is evil enough for a man to hold his brother muslim in contempt. The whole of a muslim for another muslim is inviolable: his blood, his property, and his honor."related by Muslim.
On the authority of Abu Hurairah that the Prophet said: "Whosoever removes a worldly grief from a believer, Allah will remove from him one of the griefs of the Day of Judgment. Whosoever alleviates [the lot of] a needy person, Allah will alleviate [his lot] in this world and the next. Whosoever shields a Muslim, Allah will shield him in this world and the next. Allah will aid a servant [of His] so long as the servant aids his brother. Whosoever follows a path to seek knowledge therein, Allah will make easy for him a path to Paradise. No people gather together in one of the houses of Allah, reciting the Book of Allah and studying it among themselves, without tranquility descending upon them, mercy enveloping them, the angels surrounding them, and Allah making mention of them amongst those who are with Him. Whosoever is slowed down by his actions will not be hastened forward by his lineage."related by Muslim in these words.
On the authority of Ibn Abbas that the messenger of Allah, among the sayings he relates from his Lord is :"Allah has written down the good deeds and the bad ones." Then he explained it [by saying that] :" He who has intended a good deed and has not done it, Allah writes it down with Himself as a full good deed, but if he has intended it and has done it, Allah writes it down with Himself as from ten good deeds to seven hundred times, or many times over. But if he has intended a bad deed and has not done it, Allah writes it down with Himself as a full good deed, but if he has intended it and has done it, Allah writes it down as one bad deed."related by Bukhari and Muslim in their two salihs
On the authority of Abu Hurairah, who said: the messenger of Allah said:Allah the Almighty has said: "Who soever shows enmity to a friend of Mine, I shall be at war with him. My servant does not draw near to Me with anything more loved by Me than the religious duties I have imposed upon him, and My servant continues to draw near to Me with supererogatory works so that I shall love him. When I love him I am his hearing with which he hears, his seeing with which he sees, his hand with which he strikes, and his foot with which he walks. Were he to ask [something] of Me, I would surely give it to him and were he to ask Me for refuge, I would surely grant him it."related by Bukhari.
On the authority of Ibn Abbas that the messenger of Allah said:"Allah has pardoned for me my people for [their] mistakes and [their] forgetfulness and for what they have done under duress."a fine hadith related by Ibn Majah,Al-Baihqi, and others.
On the authority of Abdullah bin Omar, who said: The messenger of Allah took me by the shoulder and said:
"Be in the world as though you were a stranger or a wayfarer."
The son of Omar used to say:
"At evening do not expect [to live till] morning, and at morning do not expect [to live till] evening. Take from your health for your illness and from your life for your death."related by Bukhari
On the authority of Abu Muhammad Abdullah bin Amr bin Al-Aas, who said : The messenger of Allah, said:"None of you [truely] believes until his inclination is accordance with what I have brought."a fine and true hadith which we have transmitted from the book of Hujjah with a sound chain of authorities.
On the authority of Anas, who said: I heard the messenger of Allah say:Allah the Almighty has said: "O son of Adam, so long as you call upon Me and ask of Me, I shall forgive you for what you have done, and I shall not mind. O son of Adam, were your sins to reach the clouds of the sky and were you then to ask forgiveness of Me, I would forgive you. O son of Adam, were you to come to Me with sins nearly as great as the earth and were you then to face Me, ascribing no partner to Me, I would bring you forgiveness nearly as great as its."related by Al-Tirmithi, who said that it was a good and sound Hadith.
This is an unauthorized modified version of an English translation of the book. The original English translation was published by :the International Islamic Federation of Students Organizationstranslated by Ezzeddin Ibrahim and Denys Johnson-Davies
The organization publications could be aquired from :International Islamic Publishing HouseP.O. Box 55195 Riyadh 11534 - Saudi Arabia - Tel 4650818 / 4647213 - Fax 4633489
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