The essence of human rights in Islam

The essence of human rights in Islam

The formulation of the above human rights is generally the same as those preceded by the early scholars, who are unlikely to be like the West. Meanwhile, if we look further in the final fatwa of the Prophet who was advised at the Hajj Wada 'event, 1400 years ago in Mecca, we will find that the rights declared in the UDHR (Universal Declaration of Human Right) on the UN Charter, have a significant correlation between the two, even to say far before the existence of the UDHR, Islam has upholds the values ​​of human rights in its teaching system. Here is an excerpt from the sermon of the Prophet:

Listen to me O People, because I do not know if I'll see you here next year. All idol worship customs have been wiped out under my feet. Arabs are no higher than the non-Arabs, and non-Arabs are no higher than the Arabs. You are all the sons of Adam, and Adam was created from the ground. Really, all Muslims are brothers. Your slaves, eat as you eat, and dress as you dress. The bloody hostility that occurred during the ignorance has been banned. Remember God when you have a woman. You have the right to them and they are entitled to you. In fact, you should consider your own blood, property, and honor that can  not be tampered with until the Day of Judgment. In fact, a man is only responsible for his own actions. Children are not responsible for the actions of their father, nor are their fathers responsible for the crime of their children. When a defective Abesinian slave holds over you and guides you according to the Book of Allah, then obey him "(Bukhori t.th).

The proclamation of the Qur'an through the above verse contains the principle of recognition and protection of human rights as the fundamental rights that God has given him. Recognition and protection of these rights in the Islamic political system are emphasized in three main points, namely (1) human equality; (2) human dignity; and (3) human freedom (Azhary 1992: 95). In human equality, as described in the previous discussion of the principle of "equality", the Qur'an has outlined and designated a common status or position for all human beings. 

Therefore the Qur'an opposes and rejects any form of treatment and attitude that may destroy the principle of equality, such as discrimination in all areas of life, feudalism, colonialism, and others. About human dignity, is closely related to the principle of karma or the glory which Allah has given to him, ascribed to the above verse. Humans are created with a very different dignity with other creatures of His creations. Humans have their own physical or spiritual attributes or supplies that are not found in other beings.

One of the principles of recognition and protection relating to human dignity is outlined in the Qur'an, Surah Al-Isra [17]: 33 "And do not kill the life that Allah has forbidden, except for a righteous reason".

The "correct reason" in the verse is the justified reason by Islamic law such as qishàs which is one of the forms of punishment in Islamic criminal law (Nasution and Effendy 1987: 64-65, See also Haliman 1971: 273). From the above verse one can draw a line of law that man is forbidden to eliminate both the life of another person and his own life (suicide). Here it is clear that the right to life and the right to protection for life is obliged to the state organizer.

From this verse one can draw a line of law, ie man is forbidden to kill his fellowman, except for justified reasons. A crime of murder in that verse is assumed that a murderer seems to have committed the murder of all human beings. The logic of the Qur'an here lies in that man is a member of society and killing a society means also killing his offspring.

The Messenger of Allah also has established a protection for every human life. He said: "A person who kills a person under the covenant will not feel the heavens even if he only smells" (Bukhori t.th).

In addition to the recognition and protection of human life, in the Qur'an there is also recognition and protection of property (property) of human beings. It is contained in the following two verses ("And do not part of you eat another's treasure among you in a foolish way" (Hussain 1996: 61).

The Qur'an, together with the protection of equality of life and human life, has conferred a security guarantee on the possessor of property for every human being. However, according to Syaukat Hussain (1996: 61), this only applies to property acquired by lawful means. Prophet Muhammad SAW in his sermon at Haji wada ', as has been quoted above, has also established in the protection of human property. He said, "Your life and your possessions are forbidden to everyone against the others until you meet your Lord on the Day of Resurrection" (Bukhori t.th).

The right to property protection includes the right to enjoy or to spend property, the right to invest in various businesses, the right to transfer, and the right of the protection of the inhabitants to inhabit their property. The state can not acquire the land of the citizens without consent and pay adequate compensation. It was reported that the Messenger of Allah (SAW) obtained some land belonging to some of Madinah's residents for the construction of the mosque and he had paid the compensation to the owner according to the prevailing price, even though they did not demand any price on his property (Hussain 1996: 62). From the concrete example of the Prophet's behavior it is clear that property or property is guaranteed by Islam for every human being without any discrimination.

In addition to property rights to property, there is also the right to work and the freedom to choose the type of work. This, according to Afzalur Rahman (1987: 212-213) and similarly Tahir Azhary (1992: 102), is not only a right for every individual, but also an individual obligation. God gave the earth and its natural resources so that people process and organize it according to their scientific and technological capabilities, as the Qur'anic verse below ("He made the earth easy for you"), walk in all its joy and eat of it part of His provision, and unto Him ye shall be (resurrected after) resurrected (Al-Mulk: 15) ".

Regarding the right to work, Ma'arif quotes Hasbi ash-Shiddieqy, arguing that it is not only the right of individuals to find employment and processing natural resources, but also the government's obligation to eliminate all forms of unemployment and feed the unemployed to they find work (Ma'arif, 1985: 172).

The other right is the right of "honor protection". This right is contained in the following two verses: "O you who believe! Let not a people mock other peoples, they may be better than you, nor shall women lie against one another other women, they may be better than you, and do not reproach yourselves and do not call calling with bad titles. "O believers depart most of the prejudices, actually prejudice is included sin, do not you looking for the faults of others, and do not part of you gossip some of the others "(Al-Hujurat: 11 and 12)".

From the above verse, another important right that Islam bestows on humans is the protection of honor. Muslims are forbidden to attack each other's honor in any way. Muslims are bound to keep the honor of others. A person who disturbs the honor of another person may be punished by the court. The protection of this right of dignity applies to anyone and without any discrimination.

In addition to the above privileges, Islam has also outlined the other privacy rights of every human being, 

namely "the right of security and the sanctity of private life". This right is stated in the following verse, "O you who believe, do not enter a house that is not your home before asking for permission and greeting the inhabitants, so it is better for you, that ye (always) remember (An-Nur: 28) ".

Islam recognizes the privacy rights of everyone. Islam forbids intervention and improperly violates one's personal life. So strict is this ban until there is a hadith of the Prophet that states that if someone gets someone else peeking secretly into someone's house, then that person may be plucked his eyes. As expressed by Syaukat Hussain (1996L 65), the state is also forbidden to interfere in the private affairs of its citizens.

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