Human Rights And Freedom: A Brief Islamic Perspective

[syilla]

Human Rights And Freedom: A Brief Islamic Perspective

Dr. Wan Azhar bin Wan Ahmad
Senior Fellow, Centre for Syari'ah, Law and Political Science

06/06/2006 | The Star

The doctrine of human rights basically concerns the so-called ‘fundamental rights’ of every person to justice, equality and freedom. As adopted by the United Nations Universal Declaration of Human Rights (UDHR, 1948), it proclaims that all men and women, regardless of their social, economic or political background and status, are ‘born free and equal in dignity and rights,’ and ‘everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind…’. In a nutshell, this document, by detailing the individual and social rights and freedoms, grants absolute freedom to mankind, male and female alike. Reference to religion is peripheral whereas its secular orientation is overwhelming.

Islam has been portrayed as a religion that seems to clash with the ensuing modern discourse concerning human rights, simultaneously suggesting an ongoing enmity between the secular West and the Muslim East. Is Islam, or its Syariah, really an antithesis to such a doctrine of human rights? The Westernized liberal advocates championing the course of human rights as well as discerning Muslims concerned about the sanctity of their religion have been exchanging arguments asserting, imposing and defending their respective positions. Which one should prevail? To some, the answer is clear, but to some others, it is still obscure. It appears that the root of the problem stems from misgivings both have for each other as a result of a lack of knowledge, understanding and exposure to the ideas of each other. Nevertheless, these conflicting perceptions are not without possible reconciliation. This brief writing represents a modest attempt to bridge the two combatants. What is important which must be recognized by both parties, including those in between afflicted with confusion, is the open mindedness and willingness to acknowledge and recognize authorities. ‘Authorities’ here does not necessarily mean administrative or political, but rather the erudite scholars and credible scholarship. Once established, the opinions of these scholarly authorities may be embraced to the extent that one of the parties may need to modify or even completely abandon their earlier position. Otherwise, there will be chaos and anarchy in the society because if truth is rejected as a result of ignorance and stubbornness, then arrogance and obstinacy will triumph. Consequently, the issue at stake will never be resolved. Undoubtedly, the exponents of both positions must have relied upon certain principles derived from those deemed authoritative in constructing the framework for their understanding of these issues.

In reply to the question posed earlier, Islam does acknowledge human rights but it is not without certain forms of control and limitation. This acknowledgement and limitation is reflected by the Universal Islamic Declaration of Human Rights (UIDHR, 1981). It states that anything pertaining to human conduct is to be governed by the Syariah. The Syariah refers to the totality of Islamic Law pertaining to the faith and conduct of every Muslim where God and His injunctions reign supreme. There is nothing that falls outside this corpus of divine law.

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[Philosopher]

Is the apostasy law compatible with human rights?

[syilla]

Is the apostasy law compatible with human rights?

are you talking about the Malaysia law? or the general islamic shariah law?

:rolleyes:

[syilla]

Apostasy: Muslim Has No Right?

Dr. Wan Azhar bin Wan Ahmad
Senior Fellow, Centre for Syari'ah, Law and Political Science

20/06/2006 | The Star

This apparent human rights related issue is highly sensitive to the multiracial and multi-religious character of Malaysia. It turns to be problematic, untenable to some, especially when it deals with conversion into and out of Islam. It’s true, the whole question involves certain legal and social implications. At times, its repercussions appear to rattle the social solidarity and religious harmony of our peaceful nation. All these threatening consequences are actually caused by ignorance. This writing is not to incite further dissension, neither is it intended to sound apologetic. On the contrary it calls for all parties directly or indirectly affected by the subject matter, Muslims and non-Muslims alike, to view it with an open heart guided by wisdom.

Scholars have admitted that Islam is the most misunderstood religion of all world religions. Misrepresentations and misperceptions about it are causing many to hurriedly develop an unjustified Islamophobia. This syndrome is actually a ‘fear of the unknown’ as these people don’t really understand what Islam is all about. Many simply accept the many global misrepresentations incessantly put to them via the media.

Echoing the observations of Syed Muhammad Naquib al-Attas, ‘rights’ or huquq in Islam refers to something which is right, true, correct, proper, etc. ‘Freedom’ or ikhtiyar means a choice for the good or better. So it is neither one’s right nor is it freedom to choose something evil, false, wrong, incorrect, imperfect, etc. Religiously, morally and legally, man has no right to do wrong.

Nevertheless, there are feeble confused Muslims around. They may be the result of improper or inadequate education, the lack of exposure to the more comprehensive teachings of Islam. And due to worldly temptations, this weakness causes their religious foundations to become shaky. Certain converts who embrace Islam for practical or utilitarian purposes, like marriages or for certain socio-political privileges, may fall into this situation. Apparently, their common feature is a lack of knowledge and understanding of Islam. So if one insists on adopting the aforementioned wrong conception of ‘rights’ and ‘freedom’, one is actually exposing one’s own shameful ignorance! Sadly, certain people just don’t have any shame anymore!

For a convert, before he/she becomes a Muslim, no matter for what reason(s), it is only reasonable that he/she must have a certain degree of basic knowledge about Islam. He/she must take efforts to study the fundamentals of the religion first. This is actually his/her responsibility and duty. Take note that rights do not come out of vacuum. They are accompanied by certain responsibilities and duties. For example, before one can exercise one’s right or freedom to buy a car of his choice, one must first obtain a driving license. Without that document, he/she will only endanger himself as well as others perhaps with fatal consequences. He/she cannot scream to be given the right or freedom to buy if the requirement of responsibility is not fulfilled beforehand.

Muslims must understand, inter alia, that once they come into the fold of Islam, there is no question of leaving the faith or reverting to one’s earlier belief even if the very reason for one to come to Islam in the first place ceases to exist, or later becomes a burden. One may be a bad or a non-practicing Muslim, but there’s hardly any room available for one to denounce that religion. This is the more accepted position of Islam.

One cannot argue that Islam does not recognize the idea of freedom of worship. First and foremost, the very doctrine of Islam, as reflected in the Holy Qur’an, teaches that there’s no compulsion. Once one is a Muslim, there’s no excuse for one not to abide by its teachings. Another reading of the verse suggests that for those already born Muslims, they must understand that they too must practice the religion sincerely without any element of force or coercion. Otherwise, all their actions become meaningless.

Freedom of worship, therefore, is to be understood not only in the sense of making a choice for the better, but also in the sense of freedom to practice a particular religion. Once one accepts Islam or decides to become a Muslim, he/she is subjected to all the rules and regulations prescribed by the religion. If Islam forbids apostasy, not only the Muslims must observe it, but the followers of other religions that do not have such provisions, must appreciate and respect this position as well. Islam must be allowed to apply and enforce its teachings without unnecessary interference. This is actually the freedom of worship that must be perceived by all. This explains the importance of having correct knowledge or understanding before ones makes any vital decisions or evaluations in one’s life.

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