an account is given of the Qur’an’s affirmation of fundamental rights which all human beings ought to possess because they are so deeply rooted in our humanness that their denial or violation is tantamount to a negation or degradation of that which makes us human.
My personal opinion is that only the Quran is allowed to offer the exact wording and phrasing of what exactly the One True God meant to convey us as his message and his resulting divine law. Only the Quranic text can be considered to be axiomatically legally binding.
The clarifications in the
Sunnah are legally binding only inasmuch as they clarify the Quranic text, but do not have authority to introduce additional divine law. Therefore, no other document than the Quranic text and its legitimate clarifications in the Sunnah could ever carry the weight of legitimate divine law. Any other document could only ever be legitimate if it contain application of divine law, and not new introduction.
A. Right to Life. YES BUT. the exceptions are clearly listed in the Quranic text.
B. Right to Respect. AMBIGUOUS/UNDEFINED. What exactly does "respect" mean? The analytical statements a priori unambiguously defining the term "respect" are missing here. In such circumstances, this cannot be considered to be a legal principle. You must very, very precisely define the term "respect" to make the provision truly applicable. One possibility is to establish a
concrete, practical list of disrespectful behaviours, while any other behaviour must be considered at least respect-neutral. From there on, believers can be requested to refrain from engaging in behaviours that have been explicitly listed as
disrespectful.
C. Right to Justice. YES. Nobody can remove or detract the justice-seeking believer from the Divine Law that gives him justice.
D. Right to Freedom. AMBIGUOUS/UNDEFINED. NOT ALWAYS TRUE. "Freedom" is not always a good thing. Try to give "freedom" to your wife, and to wholesale release her from her duties, and then see how she reacts. Or try to release a slave girl who just gave birth the next Ottoman Sultan, and see how she tries to use her influence to shut down any attempt at releasing her.
E. Right to Acquire Knowledge. YES BUT. This principle can easily be repurposed into an obligation to imbibe ideological indoctrinations. Even the Soviet Union had this kind of "rights", which became translated into a God-given right for school children to memorize the manifesto of the all-soviet communist party. So, no. It is simply too easy to abuse this so-called right. I reject this right, because you have not addressed all security issues related in a credible manner.
F. Right to Sustenance. REJECTED. What other person would have the obligation to provide sustenance? This sounds too much like a new government taxation programme.
G. Right to Work. REJECTED. What other person would have the obligation to provide work to others? Again, this sounds too much like a new government taxation programme.
H. Right to Privacy. YES. ABSOLUTELY. Governments have no authority whatsoever to interfere in issues between husband and wife or parents and children. Entirely agreed.
I. Right to Protection from Slander, Backbiting, and Ridicule. YES BUT. This must be covered by the Qasis, i.e. the Hammurabic Codex, "An eye for an eye, a tooth for a tooth", and may not be a separate legal matter, unless the Quranic text happens to make it one, which I seriously doubt.
J. Right to Develop One’s Aesthetic Sensibilities and Enjoy the Bounties Created by God. YES. AGREED. Humans are not supposed to overrule the laws of nature, as instituted by the very will of the One True God.
K. Right to Leave One’s Homeland Under Oppressive Conditions. YES BUT. WITH BIG QUESTIONS. It still requires the destination territory to agree to take in such refugee. Therefore, this amounts to an obligation to allow people claiming that their homeland would be oppressive -- how do we verify such claim? -- to move into your neighbourhood. It may lead to very serious political problems when you do this on a large scale. Therefore, this must be balanced against existing political realities.
L. Right to “The Good Life”. REJECTED. What other person would have the obligation to provide such "good life"? This sounds too much like a new government taxation programme.
This A to L program does not take into account that we were supposed to assist and help other believers voluntarily, through zakat and alms. I actually reject every attempt at replacing these provisions in the Quranic text by new government taxation programmes.
I personally have a bit of a problem in that realm, actually. I live in Phnom Penh, Cambodia, and I am actually perfectly willing to spend Zakaat and alms on believers who happen to be truly needy, on the condition that their predicament is not something that will just return, because it is the result of an unaddressed behavioural problem. For example, I am not much interested in funding the drinking habits of a fellow believer who has run into trouble because of his issues with alcohol. Furthermore, I also have a strong preference of believers whom I can communicate with because they speak English, and who are at least able to read and write. Therefore, someone who would not be capable of making a post here, because of his lack of English literacy, is not included in my own target group of assistance-deserving believers, but undoubtedly in someone else's. Additionally, I am also not particularly interested in funding initiatives in faraway locations where I would have no opportunity to verify any proper use of funds.
In other words, there is certainly an unused willingness on my side to spend available for believers who happen to be dwelling in this territorial area. I would be more than pleased to heed the call of our Master, the One True God, and hence assist qualified other believers. The budget is there, but unfortunately not yet the opportunity to spend it. I am definitely open to suggestions.
I intend to carry out yearly Zakat calculations, earmark an additional alms budget (possibly the same as the Zakat budget?), and expend the budget on a monthly basis or so, on credible local initiatives and on individual assistance forays. The money will be reserved and earmarked anyway. So, I either manage to spend it or else I will possibly just throw it into the river, but I'd rather spend it.
Therefore, feel free to let me know of spending opportunities in that realm. I would be most grateful to hearing about them!