Praise be to God, Lord of the worlds
Peace
and benediction be upon he who was sent as a Mercy unto mankind, our Master,
Leader and example, our beloved and chosen Apostle Muhammad bin Abdullah, his
progeny and companions all. Peace
and benediction be upon all Prophets and Messengers.
It
may no doubt be useful – in my view- to explain the meaning of the expressions
comprising the title of this paper i.e. “ Right – Duty – the Citizen” so
as to make the linguistic, terminological and legal connotations of these
expressions more clear. In fact it may be of help in understanding the meanings,
objectives and visions mentioned in the details of the subject.
First:
The Meaning of Right linguistically
Grammatically,
the expression “Right” could mean certitude or proof or Duty.
It is also one of the names and attributes of God.
Linguistically however, Al-Haq or Right is the
opposite of falsehood, and could mean domain or sphere of authority,
monopolization or exclusive power, protection, exactitude, equity and
righteousness.
Moreover,
conventionally the expression Al-Haq or Right signifies material and moral
possessions, such as the right of ownership, the right of utility, the right of
faith and the right of dignity.
Al-Haq
or Right according to the Sharia (Islamic law) signifies an established,
monopolized and exclusive interest of an individual determined by the sagacious
legislator. There are two types:
GENERAL
OR PUBLIC: Consisting of every capital asset or interest
belonging to a person according to the law. Here, it means all kinds of
ownership.
PRIVATE:
Consisting of relative and conventional interest recognized by the law, such as
the right of pre-emption and the right of retribution.
Al-Haq
or Right in the Islamic law is a favour granted by the Creator Exalted b e His
name to individual according to the requirements of the public good. According
to the Sharia, Al-Haq or Right is a restricted by the respect of the right of
the other person and not doing harm to the public. Accordingly, the individual
has no absolute freedom in using his rights without restriction. Right in this
sense, necessitates two obligations:
A
– Peoples obligation to respect the right of the individual and not
hinder his using it.
B-
The duty of the person who enjoys the right to use it in a manner that
does not harm the others as in all other rights, general or private.
Second: OBLIGATION, which means linguistically the imperative. Conventionally
however, obligation means all that
the human being is obliged to respect and preserve. It also means an obligation
not to violate the rights of others as well as an obligation towards his country
and the interests of others.
Moreover,
an obligation in the Sharia (Isl. Law), means anything that is considered
obligatory according to a legal proof. Discharging an obligation earns a reward
while failure to observe it without due excuse is punishable. In this sense, an
obligation in the eyes of the Sharia means anything regarded by the legislator,
Exalted be His name as incumbent upon either the individual or the community,
and anything that is bound to realize man’s integrity, interests and security
within the context of the common good and security according to the will of God,
exalted be His name.
The
Source of Rights and Obligations:
God,
praise be to His name, is the source of all rights and obligations. According to
the Sharia, right and obligation are among the essential elements of the dignity
of man granted to him by God, the
most high. The dignity of man is
the yardstick of the validity and uprightness of observing rights and duties in
accordance with God’s will. But according to the Sharia, right and obligation
are restricted to realizing the will and the satisfaction of God. They are also
restricted by the public interest, and by not doing harm to the others. People
have to identify and agree upon rights and duties concerning new development in
their lives, but, in a manner not at variance with the will and laws of God, and
in a way that insures the dignity and interest of man and setting forth justice
among men.
Third: The Citizen- Linguistically,
the citizen means the conformant – the compliant. Country, means man’s place
of dwelling and stability- a place where he belongs. Hence linguistically, the
citizen is every person who belongs to a country which he has adopted as an
abode a home and a dwelling for his life and prepared himself to
live therein.
Conventionally, the citizen means, every person belonging to a certain people and
living among them in a land or a country that is their own and under their
protection- a place where they feel safe, stable and enjoy the right to live in
– a place they are obliged to preserve and protect its security, sovereignty,
stability and territorial integrity.
According
to the Objectives of the Sharia:
The
Citizen: is any body who belongs to a
country wherein God Has destined him to grow up and belong to and live with its
people. It represents their property, their destiny and a place where they feel
safe, stable and have the right to live therein, bearing together before God,
the responsibility of the trust of the covenant of vicegerency therein. They all
are obliged to protect it and defend its sovereignty, security, stability and
territorial integrity. Anyone acting inconsistently and violating these terms is
contradicting and breaching the covenant and the code of citizenship, as well as
the trust of protecting the interests and the sovereignty of the country and
those who are vicegerents with him in the same country.
Accordingly,
the CITIZEN, RIGHTS, and OBLIGATION in the eyes of Islam, its values and
principles constitute a concomitant, integrated and legal system of life, as
well as a legal and irrevocable necessity for guaranteeing the dignity and
sanctity of man’s interests, security and stability. It is also a legal
necessity for the establishment of justice among individuals, groups and all the
people at large according to the will of God, Almighty.
Hence,
it is man’s dignity according to the will of God and the criteria of His
eternal laws, that governs and regulates the standards and rules of exercising
Rights, Duties and Citizenship. Every right or duty or national exercise that
stand at variance with or contravene the dignity, safety, stability and
sovereignty of man in accordance with the will of God, the most high shall have no regard, and is considered null and void in the sight
of Islam and its values. Because man’s dignity and the land are an endowment
by God, the most high, and rights and duties are concomitant and integrated
values designed to safeguard and protect man’s integrity and the land
according to the laws and the will of God. On the other hand, according to the
Sharia, rights and duties are collateral and complimentary (one and the same
thing). Every right established by Islam is collated by a duty. People must
respect these rights and duties and refrain from encroaching upon them because
they are a gift of God, the most high.
I will now present in the following lines, examples of rights and duties as well as the values of citizenship that Islam establishes in one and the same country within the framework of co-existence among the international communities:
1-
The Right to Life:
The life of man and its protection is one of the fundamentals and established traditions of the Sharia (Islamic law). According to Islam, any transgression on the life of a single individual is regarded as a transgression on mankind as a whole. God says:{If anyone slew a person- unless it be for murder or for spreading mischief in the land- it would be as if he slew the whole people: and if anyone saved a life, it would be as if saved the life of the whole people}.1 Just for being an human being, Islam forbids and condemns the slaying of a person and condemns such a crime. God says: {Nor kill (or destroy) yourselves: for verily God hath been to you Most Merciful}.2 The Apostle of God, peace and blessings be upon him also says: “Whoever used an iron bar to take his own life away would have his iron bar in his hands, and would be beaten by it in hell-fire eternally and forever; and whoever throws himself down from the top of a mountain and killed himself would frequently throw himself down in hell-fire eternally and forever”.3 As such, Islam prescribes severe punishment in this world against a killer, and that the death penalty in order to deter others from committing the same offence, and to purify the murderer from the enormity of his crime and save him from the everlasting punishment in the hell-fire in the hereafter. God says: { In the law of equality there is (saving of) life to you, O ye men of understanding}.4 Life in this world by uprooting crime, and life in the hereafter for the murderer who has received his punishment in this world. Correspondingly, in confirmation of the sanctity of man’s life, Islam views the question of preserving man’s life and protecting the human soul seriously, and decides that anyone who provides life (through clemency or by preventing against killing, or by saving a soul from destruction) would be regarded as having giving life to all mankind. God says:{And anyone who saves a life, it would be as if he saved the life of the whole people}.5 In this regard all men are equal, in conformity with the saying of the Apostle, peace be upon him: “Anyone who harms a Dhimi (a member of the people of the Book living under Islamic rule) would be considered as having harmed me” 6; and his saying when someone inquired about the permissibility of killing a Muslim for a Dhimmi: “I am the most deserving among those who have fulfilled their obligations”.7 Muslim jurists add that, killing a Muslim for slaying a Dhimmi have a more far reaching effect in realizing God’s saying: {In the law of equality there is (saving of) life to you, O’ ye men of understanding }.8 This is because, since a religious enmity might lead to killing the need to strongly rebuke it is even stronger. Thus it is clear that, Islam lays absolute emphasis on the sanctity of the life of the human being, citizen and non citizen alike, regardless of gender, race or religion.
2-
The Right of Dignity
As Islam gives man the right to live, so it grants him the right of dignity. Through Islam, man is honoured just for being a human being, not because of his national, gender, colour or religious affiliation. God says: {We have indeed honoured the children of Adam};9 and, in the Hadith (traditions of Prophet Muhammad, peace be upon him), the Apostle of God, peace be upon him was once sitting with his companions when a funeral passed by. He, peace and blessings be upon him stood up respectfully for the funeral, and he was told the funeral belonged to a Jew, he, peace be upon him retorted saying: “Is it not a soul ?” 10
3-
The Right to Justice
Justice
is the central issue in the Islamic Sharia. It is one of the Sharia’s
invariable objectives aimed at realizing the dignity of man and fulfilling the
interest of the people. God says: {God commands justice, the doing of good, and
liberality to kith and kin, and He forbids all shameful deeds, and injustice and
rebellion. He instructs you, that ye may
receive admonition}. 11
Setting forth justice among the people is the way tyo eradicate oppression and eliminate injustice on earth. For, justice represents the will of God, the most high in establishing equality among creatures. Hence commitment to justice and adherence to its divine standards is the true criterion of believing in the oneness of God and submission to His will. Moreover, as polytheism represents the greatest type of injustice {For false worship is indeed the highest wrong-doing}.12 There is no doubt that justice is the true expression and the clear and categorical proof of the highest degrees of faith in the oneness of God, the most high. It also represents respect and submission to His commandments. As such, Islam lays strong emphasis on the establishment of justice even In the event of quarrel and enmity. God says: {And let not the hatred of others to you make you swerve to wrong and depart from justice}. 13
4-
The Right to
Freedom
While
stipulating absolute servitude to God, the most high and not any other human
being or stone or anything, Islam, at the same time sets forth the highest
degrees of human freedom, and reaffirms strong rejection of the state wherein
people adopt each other as lords other than God, the most high. It also
reaffirms its repudiation and aversion to man’s enslavement, humiliation or
bondage, and awakened the desire of resisting slavery and enslavement which was
widespread and customary among the nations before the advent of Islam. Islam
regarded manumission as the nearest offerings to God, while God Almighty
revealed Qur’anic texts commanding and encouraging man’s liberation from
slavery and enslavement. God says: {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}.14 Islam also allocated a share in
the Zakat for the purpose of manumission. But then all Zakat funds are allocated
for liberating man from injustice and the burden of life. God says: {Alms are
for the poor and the needy, and those employed to administer (the funds; for
those whose hearts have been recently recoinciled to the truth; for those in
bondage and in debt; in the cause of God; and for the wayfarer: (thus is it)
ordained by God, and God is full of knowledge and wisdom)}.15 In fact Islam made
the liberation of the human being from slavery and enslavement a way of
atonement for sin and misdeeds such as the atonement for manslaughter. God says:
{If one so kills a believer (by mistake), it is so ordained that he should free
a believing slave, and pay compensation to the deceased’s family, unless they
remit it freely}.16 And the Apostle of God, peace be upon him says: “Whoever
frees a slave, God will free (against every organ of the freed person) every
limb of the liberator from hell-fire”.17 He, peace be upon him also says: “
The atonement of anyone who slaps his slave in the face, or beats him
is to free him”.18 It was on this basis that the second Caliph, the
commander of the faithful Omar bin Al-Khattab made the universal declaration of
the liberation of man when he said: “How can you enslave people when they are
born free by their mothers”.19 Of course you all know that this universal
declaration was made on the
occasion when Omar supported and dealt fairly with the cause of a young Copt
assaulted by a young Muslim who was the son of the governor of Egypt at that
time. Omar even went further and ordered the young Copt to place the whip used
in beating him on the head of the governor of Egypt saying: ‘His son would not
have beaten you without the authority of his father’ and then made his
resounding declaration “How can you enslave people when they are born free by
their mothers”.
At this juncture, it may be worthwhile mentioning the words of Lafayette, orator of the French revolution when reading its first statement in article one: “ A man –not a woman- is born free, and therefore it is not permissible to enslave him” Having paused for a while, Lafayette then addressed Omar bin Al-Khattab saying: ‘ O’ Arabian king! It is you who have realized justice as it is’20
5-
The Right to Equality:
Islam resolves that all people are equal
before the Sharia. (There shall be no preference of the Arab to the
the non Arab, nor the non Arab to the Arab or the white to the black, or
the black to the white except by piety). 21 There is no disparity among them in
the application of the law (Were Fatma the daughter of Muhammad to steal,
Muhammad would have severed her hand).22 No one shall be protected for one
reason or another ( I promise myself that the weakest among you
is strong in my sight until I secure his due right for him; and the
strongest among you is weak until I have taken the due right away from him).23
With regard to human value, all men are equal
according to the standards of the Sharia (You all belong to Adam, and
Adam is made out of dust). 24 There
shall be no quantitative disparity except by deeds {To all are degrees (or
ranks) according to their deeds: for thy Lord is not unmindful of anything that
they do}.25 In the Muslim society, all are equal in the right of utility within
the framework of respecting the right of ownership and the rules of utility { So
traverse ye through its tracts and enjoy of the sustenance which He furnishes:
But unto Him is the resurrection}. 26
Moreover Islam stresses on equal wages for equal work and similar competence and skill {Then shall anyone who has done an atom’s weight of good, sees it!}. 27
6-
The Right to Belief
Islam has established a general principle concerning faith and way of thinking (To you be your way, and to me mine). 28 And equally established a decisive rule regarding coercion to embrace a faith or a thought {Let there be no compulsion in religion}. 29 {Wilt thou then compel mankind against their will, to believe!}.30 Islam has also established the principle of respecting the feelings of the others, and refraining from harming them or their faith {Revile ye not those they call upon besides God}.31 Islam has even gone farther than proclaiming the freedom of faith by proclaiming the freedom to practice the rites of the faith and arbitration according to its laws in matters concerning personal status associated with the faith within the framework of the general sovereignty of the Muslim state. { But why do they come to thee for decision when they have (their own law before them)?- therein is the (plain) command of God}.32 {Let the people of the Gospel Judge by what God hath revealed therein}.33 {Say: O People of the Book! Ye have no ground to stand upon unless ye stand fast by the law, the Gospel and all the revelation that has come from thy Lord} 34 But if they chose to arbitrate by the Sharia, it will be available to them together with justice and fair play. {If they do come to thee, either judge between them, or decline to interfere.}. 35
7-
The Right to Education:
Islam has proclaimed the right of education for all. The first verse of the Qur’an that was revealed to the Apostle, peace be upon him was {Proclaim (or read) in the name of thy Lord and Cherisher, Who created}.36 Islam calls for scientific research and exploration of the hidden contents of the heaven and the earth in order to invest them for the common good and dignity of mankind. { Say: “Behold all that is in the heavens and on the earth}.37 {And He hath subjected to you, as from Him, all that is in the heavens and on earth}.38 {It is God Who has subjected the sea to you, that ships may sail through it by His command}. 39 {It is He Who has made the sea subject, that ye may eat thereof flesh that is fresh and tender}. 40 {And the rivers also hath He made subject to you}.41 And the Apostle, peace be upon him says: “ Seeking education is obligatory for every Muslim, male or female”. 42
8-The
Right to Respect Personal Privacy
Islam forbids spying on privacy. {And spy not upon each other}.43 And the Apostle of guidance, peace be upon him has forbidden the pursuit of imperfection or weak spot. { Do not allow Muslims to suffer harm, and do not blemish their image, and do not pursue their weak spots; for anyone who pursues the weak spot of his fellow Muslim, God will pursue his own weak spot; and when God pursues the weak spot of anyone, He would unveil (scandalize) him even if he happens to be in the cavity of his saddlebag}. 44
9-
The Right to welfare
Islam has
declared that the ruler has an obligation to take care of the interests of the
people, and to secure the basic necessities of their lives and dignity. {God
doth command you to render back your trusts to those to whom they are due}. 45
And the Apostle, peace be upon him says: “ You are all care-takers and all of
you are responsible for his subjects”.46 The Caliph Omar bin Al-Khattab, may
God be pleased with him says: “ God has made us His successors among them (the
people), in order to cater for their hunger, cover their imperfections and
insure their profession”. 47
These are but brief extracts about the rights of the citizen in Islam. I shall state briefly also, the duties of the citizen in Islam as follows:
1-The
Duty of the Citizen Towards his Lord and Creator:
All the rights mentioned earlier
are a grant given by God, the most high to his servants which necessitate praise
and thanks to Him, glory be to His name. The primary duty in showing gratitude
is the dedication of servitude to God and desisting from associating anything
with his divinity and Lordship. {
Say: Truly, my prayer and
my service of sacrifice, my life and my death, are (all) for God, the
Cherisher of the worlds}.48 Dedication of servitude to God and not associating
anything with Him inspires the highest degrees of the sense of freedom and
equality in the human soul, and establishes two basic rights in life for the
human being, namely:
2-The
Duty of the Citizen Towards his Parents:
Islam has the highest regard for the obedience of parents, and has even likened it to obedience to God. {Thy Lord hath decreed that ye worship none but Him, and that ye be kind to parents}.49 Even when they happen to strive to persuade him to associate something else with God, he has to show kindness to them in this world. {But if they (either of them) strive to force thee to join with Me (in worship) anything of which thou hast no knowledge, obey them not}. 50
3-The
Duty of the Citizen Towards his Family
In Islam,
the family is one of the most important institutions of the civil society. In
fact, it is the solid foundation and the source of security and stability of the
civil society. Before any other institution, It is charged with shaping up
responsible generations capable of securing the safety of the society, and
realizing its aspirations towards justice, security, growth and progress. As
such, Islam shows special and distinct concern towards the family as a
foundation, and consolidates its noble mission in life. Islam has laid emphasis
on the sanctity of the legal links between male and female married couples, as
well as on the sanctity of their responsibility in bringing up a believing and
responsible generation. (You are all caretakers and every caretaker is
responsible for his subjects. The Imam (spiritual leader) is a caretaker, and he
is accountable for his subjects, and the man within his family is a caretaker,
and is accountable for his subjects, and the woman is a caretaker within her
family, and is accountable for her subjects, and the servant is a caretaker, and
is accountable for his deeds). 51
This
clearly emphasizes the complimentary nature of responsibility in the society,
especially within the family … the fundamental structure of the society. The
responsibilities of the male and female married couple compliments each other
according to the will of God, the most high as a basis of the integration of
their responsibility into the other institutions of the society, each according
to his jurisdiction, competence and skill. The female however, has been exempted
and relieved from certain burdens and responsibilities, and given certain
privileges in appreciation of and respect for the noble tasks her Lord has
assigned her such as pregnancy and its burden, delivery and its perils,
lactation and its responsibilities, motherhood and taking care of children
etc..etc.. The following are some of these privileges:
·
She
is relived of the burden of catering for the needs of the family
·
She
is relieved of the burden of providing the dowry and other expenses
pertaining to marriage
·
She is
relieved of certain serious tasks which are reserved for men
·
She
is relieved of the burden of military service and battle fiields
·
She
is relieved of half the burden of the responsibility
of testimony before the judge in the courts
·
She
– and not men- is entrusted with the responsibility
of determining the attribution of children to their fathers. According to
Islamic criteria, her testimony in such a serious issue is enough, because she
has the jurisdiction, and because she, and not any other, is a source of
confidence.
·
She
is allowed absolute right of dispensation of her
personal property by investment for her own good.
Likewise, the male is given certain
privileges, such as a bigger share in certain cases of inheritance, with a view
of assisting him in carrying out the burdens his Lord has placed on his
shoulders.
4-The
Duty of the Citizen Towards the Ruler:
Islam
makes it incumbent upon the citizen to listen to and to obey the ruler in
matters not pertaining to disobedience to God. Islam also obliges the citizen to
advise the ruller, and to help him carry out his responsibilities of securing
the common good.
Moreover,
Islam warns against rebellion against the authority of the ruler, except in
cases where the ruler breaches his covenant with God within the stipulations of
the contract of rulership. However, in contemplating rebellion against the
ruler, the subjects are required to take the interest of the nation
into
consideration. This is because the interest of the nation is a preponderant
condition in taking such a serious decision. Thus these duties of the citizens
towards the ruller, have in effect created certain rights for the citizens,
including:
* Preservation of the community’s faith, and the
application of its laws and the protection of its cultural identity, customs and
traditions and raising the cultural standard