How human rights can be safeguarded, analysis using the era of Prophet Muhammad.
- Mussa Ame Mussa
- 6145-6158
- Aug 29, 2025
- Human Rights
How Human Rights can be Safeguarded, Analysis Using the Era of Prophet Muhammad.
Mussa Ame Mussa
Zanzibar, Tanzania University of Dar-es- Salaam Tanzania 1989
DOI: https://dx.doi.org/10.47772/IJRISS.2025.903SEDU0445
Received: 17 August 2025; Accepted: 22 August 2025; Published: 29 August 2025
ABSTRACT
This paper will discuss how Prophet Muhammad safeguarded human rights during his era. Safeguarding is the protection of something from harm.[1]
Prophet Muhammad received revelation from Allah; the Quran was revealed to him as a guide to humankind. ( Quran 2:1-3). Allah has provided human rights in the Quran, and Prophet Muhammad has implemented human rights by actions. Prophet Muhammad protected the Muslim society from violation of human rights during his Prophet hood. Prophet Muhammad implemented Islamic law, which outlined justice, liberty, and freedom. During the sermons of Prophet Muhammad, he emphasized human rights and implemented all basic human rights during his leadership. (Akram 2002)
INTRODUCTION
Human rights have been provided by Allah in the Quran when Allah stated the equality of human beings(Shakir 2020). Allah has honored human beings over other creatures (Quran 17:70). Allah has created Humans from single man and woman and made them tribes so that they can know each other; the best among humans is the most God-fearing one. (Quran 49:13). Prophet Muhammad initiated the first Medina contract. Prophet Muhammad enacted the Medina treaty in the first year of Hijrah (622 CE), which provided rights for citizens of different religious and ethnic origins. In the era of Muhammad, human rights were protected and provided by law; they were the rights entitled to, and inherited because of humanity ( Sepulveda et al.(2004,p.3). Human rights are provided regardless of religion, age, sex, language, ethnic origin, location, or ethnicity; these rights apply everywhere. [2]
LITERATURE REVIEW
Abul A’la al-Maududi (September 25, 1903 – September 22, 1979) was an Islamic scholar who authored many Islamic books. He was the most notable thinker of modern times (Smith 1957,p.233). He authored a book titled “Human Rights in Islam,” in which he discussed the rights of life, the right to Justice, the rights of women, the rights of non-Muslims, the rights of property, and the whole concept of human rights in Islam.
In his book Human Rights in Islam, Jamal Razabozo(2014) opined that the Islamic religion is the basis of human rights, and he explained the human rights in Islam.
Muhammad H. Kamal (1993) authored the book “Fundamental Rights of Individuals”, which discussed the right to life, Privacy, security, and ownership in Islam.
Abdulla al Shehri (2023), in his PhD thesis at Western Sydney University, titled “Universal Human Rights: A Comparative Study of the Charter of Medina and the Universal Declaration of Human Rights.” It discussed the Medina Charter and how it safeguarded human rights during the Prophet Muhammad’s time.
Muhammad Iqbal (1877-1938) was a Muslim thinker and poet. In his book “The Book of Eternity”, he criticized Western democracy for lacking moral and religious principles, also he discussed freedom, equality, and the right of choice in Islam.
Muhammad Asad (1980), in his book “The Principles of State and Government in Islam”, discussed freedom of opinion, protection of citizens’ blood and property, the right to free education, and the freedom of choice of leaders.
Al-Amin Rony (2023) presented a paper titled “The Holy Prophet in Establishing Human Rights.” He discussed the concept of human rights and its development, the right to life, the right to security, freedom of movement, freedom from inhuman treatment and torture, and the right to justice as safeguarded in the era of Prophet Muhammad.[3]
RESULTS
This paper proved that Human Rights were implemented before the Declaration of Human Rights in 1948. Muslim leaders, including Prophet Muhammad, democratically led their countries and safeguarded the rights of their citizens according to Islamic law.
DISCUSSION
This discussion will focus on how the Prophet Muhammad safeguarded the human rights mentioned in the Quran during his lifetime. The Universal Declaration of Human Rights (UDHR) was adopted at the United Nations General Assembly session held in Paris, France, on December 10, 1948. The United Nations emphasizes the equality of all people and that all people should have equal dignity and rights. The UDHR consists of 30 articles. This paper discusses how Prophet Muhammad safeguarded the human rights. Cairo Declaration of Human Rights (CDHRI)listed 25 articles on the rights of human beings in Islam. [4]
- Medina constitution
Medina Charter was described as the world’s first written constitution. ( Yetkin Yildirim (2009). The main aim of this constitution was to protect the people’s fundamental human rights. and liberties via the rule of law. ( B. Jowett 198). Medina’s charter established fundamental freedoms for all inhabitants of Medina, regardless of their tribe, origins, ethnicity, or religious belief. The Medina constitution is a document dealing with the political rights of the Jews and Non-Muslims living in Medina. This constitution established the leadership in the multi-religious State of Medina( Rubin 2022,p.8). The main aim of the Medina constitution was to accommodate religious pluralism. Articles of the Medina constitution provided the rules for the war, and stated that Medina citizens would not aid the enemies of Medina in invading the country. It united the heterogeneous society in Medina and provided fundamental rights for all people. It is believed that it was written in 622CE (i.e., in 622 CE) according to Historians. [5]
Medina Constitution consisted of 47 articles according to Muhammad Hamidullah in 1986, and then Dr. Muhammad Tahir-ul-Qadri made 63 articles. This research will use the Muhammad Hamidullah 47 article. [6]
- Provision no 12 provides the right of Justice and payment of blood money.
- Provision no 13 is about right to live.
- Provision no 14 Prevents illegal killings.
- Provision 15 is about the right of religion.
- Provision 16 states that there will be no oppression.
- Provision no 19 rules about revenge in order to preserve life.
- Provision no 21 provides retaliation in case of killings, and this provides the right to life and the prohibition of arbitrary killings.
- Under Provisions 26-35, all tribes of Medina have been given the same rights irrespective of their religion, and it provides the no-oppression rule.
- Provision no 36 prevents the bloodshed and provides the right to life.
- Provision 37 is about justice.
- The provision no 41 is about refugees’ rights.
- Provision no 44 right to defend the country.
- The provision no 46 is about the rights of Jews.
- Provision no 47 is provided for justice and preventing oppression.
Medina’s constitution provided the right to freedom of life and the right to defend life. Right to equality and no discrimination, the right to choose and believe in a religion, the right to justice, and not to be tortured. Rights to mutual respect between tribes and people of different ethnic origins. Several provisions in the Declaration of Human Rights were stipulated in the constitution of Medina. [7]
- Rights of life and security
Article 3 of the UDHR (UDHR 1948) mentions the Right to life, liberty, and security. The article prevents genocide, homicide, extrajudicial killing, and arbitrary detention and arrest. The Right to life is one of the fundamental human rights. Right to life has been recognized by the Cairo Declaration on Human Rights in Islam” article no 2 (OIC, 1990).
Prophet Muhammad safeguarded this article on human rights by adhering to the teachings of the Quran, which mentioned innocent killings as the great crime. In Islam, the life of a human being is sacred. The Quran clearly mentions that Allah is the creator of all creatures, and no one is allowed to kill a person except by the command of Allah. Murdering, which is deliberate killing, is a great crime in Islam. It is prohibited to kill anyone whom Allah has forbidden except for a just cause. (Quran 17:33).
The Quran provides for retaliation against anyone who murders to save the lives of people (Quran, 2: 178).The Quran prohibits the killing of children because of poverty (Quran 6:151). The Quran warns that whoever kills a believer intentionally, Allah will curse him, and he will be punished in Hell, a painful punishment. ( Quran 4:93). The Quran forbade innocent killings in all its forms, whether homicide, genocide, or all other types of suicide, and Prophet Muhammad provided the citizens of Medina with the right to life and security. The Prophet’s teachings ruled out that anyone who commits suicide will enter the hellfire.
Prophet Muhammad said that the first crime to be safeguarded was the right to life, by prohibiting the killing of Muslims and non-Muslims who are citizens of an Islamic state.
The Prophet prohibited innocent killing, ordering that “do not kill any soul whom Allah has forbidden you to kill, except by religious right.[8] The Prophet categorized innocent killing disbelief. [9]
The Prophet safeguarded innocent people’s lives even during war (Abu Dawud 2613). Miqdad ibn. Al-Aswad was fighting in holy war, when one disbeliever struck his hands with a sword and cut off his toe; Miqdad approached the enemy to retaliate, the enemy announced a testimony of faith. Miqdad asked the Prophet if he could kill him, and the Prophet prevented Miqdad from killing the enemy because he had become a believer. [10]
Usama was fighting with a non-believer in a war when he wanted to kill the enemy. The enemy uttered a testimony of faith, but Usama killed him because he thought that he was cheating and escaping a sword by uttering testimony of faith. After receiving this information, the Prophet was very angry and asked Usama what he would do with his testimony of faith. The Prophet repeated the question three times, showing his disapproval for killing Muslims. [11]
Children should not be killed during the war; the Prophet Muhammad prohibited the killing of innocent people, including women and children, during the war. [12]
Nowadays, children are killed during wars. About 9,000 children have been killed or maimed in Iraq since 2008, according to UNICEF .[13]About 30,127 children have been killed in Syria since March 2011, among them 198 who died due to torture, while 5,229 children forcibly disappeared. [14] “This war in Gaza is the war on children. According to UNRWA Commissioner-General Philippe Lazzarini, about 12,300 have died in Gaza.[15]
Killing is only legalized by three things: the first thing is the case of apostasy after accepting Islam, fornication after marriage, or killing an unlawful soul. [16]
A man told the Prophet Muhammad to do justice. Prophet answered, “Woe be upon you; no one can do justice if I do not implement justice. Hearing that, Umar B. Khattab asked permission to kill that man. The Prophet rejected and saved the life of that person.[17]
Umar asked permission from the Prophet to kill Ubay ibn Salul, the common Medina leader of hypocrites, but the Prophet refused to permit Umar by saying no! Lest the people should say that Muhammad used to kill his companions.[18]
During the Mecca conquest ( 8 A.H), the Prophet Muhammad attacked Mecca by surprise to avoid bloodshed, and after victory, he provided general amnesty for all people of Mecca. While he was able to kill them because they had been defeated during the war, and he declared Mecca as a peace zone, bloodshed is not allowed in this holly land so as to safe lives of people.
- Right of protection of honor
The Quran has prohibited people from making fun of others, defaming one another, backbiting, and speaking ill of one another( Quran 49:11-12). The Quran prohibited illegal sex to protect Honour.( Quran 17: 32). Allah prohibited insult, backbiting, and negative assumption because it is a means of breaking the Honour of other people. Backbiting was compared to eating the flesh of a dead people ( Quran 4:11-12). Islam Honored women by commanding them to lower their gaze and guard their modesty; and not to display their beauty and ornaments to non-marriageable(Quran 33:59)
The Prophet said, “He who defends the Honour of his Muslim brother, Allah will secure his face against the Fire on the Day of Resurrection.” [19]Muslims shouldn’t despise their brother Muslims (Abu Dawud 4882).
Talking to people in a manner they dislike is a way of backbiting them or slandering them, and it is a way of breaking their honor, and the Prophet forbade it. [20]Punishment of the grave is due to backbiting, according to the Prophet Muhammad.[21]
It is better to eat the meat of a dead mule than to eat the flesh of a Muslim, meaning backbiting. ( Adab Mufrad 736).Islam prohibits slandering as one way of breaking the honor of other people.[22]
The Messenger of Allah said, “Whoever defends the flesh of his brother from backbiting, it will be a duty upon Allah to free him from the Hellfire.”(Musnad Aḥmad 26950). The Prophet forbade depriving honor of Muslims and showing off at the expense of Muslims; anyone who did so would enter Hell. (Adab Mufrad 240). Islam teaches showing Honour to older adults (Abu Dawud 4843). Breaking the Honour of a Muslim is a crime that is worse than usury.[23]
The Prophet taught that the blood of a Muslim is Honour and the property of a Muslim is inviolable for another Muslim. [24]
- Freedom of expression
United Nations has provided that freedom in Article 19(UDHR 1948). CDHRI mentions the right to freedom of opinion and expression in Article 21. (CDHRI:1990). The word Misbah,” which means good advice, and the word ‘’naseehah,” which means a way of conducting advice, are evidence of the freedom of speech in Islamic States in which there is a special consultant to advise the President (Jallow AY: 2015)
The Quran provides the freedom of expression and freedom of speech. As Allah says, “Argue with the people of the book in a just way, and argument is the right of expression. ( Quran 42:41, 16:124-125). Allah allowed any person who has been wronged to express their expression publicly. (Quran 4: 148-149). Allah has allowed the freedom of expression in the Quran (Quran.16:126). Allah calls for a group of people who will invite others to goodness and forbid evil, and this is the freedom of expression (Quran3:104).
Allah ordered us to argue with the people of scripture in the best way, except for those who commit injustice. (Quran 29:46). Allah said, “Do not argue with the People of the Book unless gracefully, except with those of them who act wrongfully”. (Quran 29:46). The verse shows the methodology of expression, that is to discuss peacefully and in a good way. Muslims are prohibited from misusing the freedom of expression by using abusive language to idols and insulting other gods (Quran 6:108).
Prophet said, “The Religion is sincerity.” We said, “To whom?” He said, “Sincerity to Allah and His revealed books and to the Muslim leaders (Sahih Muslim 55). The Prophet allowed using the tongue to stop evil, which is self-expression. (Sahih Muslim 70). Muslims should safeguard their tongues and not assault others with abusive language, mockery, and hate speeches. (Sahih Muslim 69)
Ibn Rajab (d.1393) commented that in Islam, self-expression is allowed, and leaders cannot be criticized in public.(Jami` Al-`Ulum wal Hikam, vol.1p.236).
Ibn Hazm (d.1064) argued that it is allowed in Islam to advise Muslim leaders in private, not in public.(al-Akhlaq wa-al-Siyar, p. 45) .The Prophet said that the best Jihad is speaking the word of Justice to an oppressive ruler, and this is the freedom of speech.(Sunan Abu Dawud 4344).
Islam acknowledges freedom of speech and expression. The Quran teaches self-expression through good words (Bhat 2014).
At the time of Umar and Abu Bakar, people were allowed to criticize the public speeches of their leaders (Tahir Mahmood, Human Rights in Islam, p. 61). Muslims during the Prophet’s time were allowed to speak and provide opinions on issues not stated in the Quran (Kamali, 1994). Consultations were permitted only on matters on which there was no divine guidance.
The Prophet was ordered to consult his companions. (Qur’an 3:159) Abu Huraira mentioned that he never saw anyone who consulted his companions more often than the Prophet Muhammad.(Musnad Ahmed, 18449).The Prophet implemented this right of expression on several occasions the Prophet Muhammad:
- Consulted some companions about paying half of the date palms to the Ghatafan tribe.
- Seek advice when companions delayed slaughtering animals at the Hudaybiya treaty.
- Seek companion’s opinion about the location of the battle of Badr, and he accepted the argument of Al-Hubaab bin Al-Munthir regarding a place of fighting.
- Provided freedom of expression about whether to fight in Medina or at the mountain Uhud.
- Asked for an opinion about the case of Aisha’s slander.[25]
- Seek the opinion of companions regarding what to do with the captives of the war of Badr.[26]
- Rights of Women
Before the emergence of Islam, women infants in Arabic countries were killed (Quran 81:8-9). Islam came to give women their rights. The rights of women have been mentioned in CDHRI in article 6 (CDHRI 1990).
The Universal Declaration of Human Rights mentioned the Right of Marriage article 16 (UDHR). The Quran established equality in rewards for men and women before Allah ( Quran 3:195). Allah mentioned that believing men and women have the same merits and values (Quran 33:35). The Quran honored women by prohibiting adultery and fornication (17:32)
Allah will enter paradise the husband and his wife ( Quran 43:70). Islam prohibits the Ill-treatment of women (Quran 4:19). Through the union of man and woman through marriage, we get love and tranquility. ( Quran 30:21)
It is the responsibility of the husband to feed her with the food he eats and buy clothing, and the beating and ill speech of women are prohibited (Sahih Al-Jāmiʿ 3149).
The Prophet encouraged marrying a virtuous wife (Tirmidhy 3094). The Prophet ordered men to live in good manners with their wives (Sahih Muslim, 1468). The Prophet regarded the best man as the best to his wife.” (Ibn Majah, 1977).
Daughters have been honored in Islam. (Sahih Muslim, 2631) The Prophet said, “Whoever has three daughters and is patient towards them, providing them with food and water to drink and providing them with clothes them from his money, will get a shield for Fire on the Day of Resurrection.”(Ibn Majah 3669)
A woman who died during pregnancy will be rewarded the status of martyrdom (Abu Dawud 3111). A woman who lost two or three children in childhood will observe patience will be a shield from Hellfire. ( Sahih Bukhari 101)
The Prophet argued that Muslims should fear Allah regarding women. It is necessary to safeguard and protect this trust by fulfilling their rights and gratifying their worldly and religious needs (Translation of Qurtuby vol. 10, p.82). Family spending is more rewarded in Islam than expenditures for the sake of Allah (Sahih Muslim 995).
Prophet safeguarded the rights of women by:
- Ordering husband to provide food and clothes for wives( Ibn Majah 3074)
- Commanded women not to kill women and children during the war.[27]
- Exempting women to fight a holy war.[28]
- Reprimanded a husband who fasted continuously and deprived his wife of her rights.[29]
- Prevented women from forced marriage. [30]
United Nations directs that not a single girl should be forced to marry .[31]
- Prohibited anal sex to safeguard women’s purity .[32]
- Allowing women to take from the property of stingy men enough to sustain the family(Sahih Bukhari 5049)
- Permitted women to go to mosque ( Sahih Bukhari 5238).
- Doing himself home activities ( Sahih Bukhari 5363).
- Allowing women to celebrate using tambourine in wedding ceremonies.( Sahih Bukhari 5147).
- Preventing a man from being in seclusion with a marriageable woman(( Tirmidhy 1172).
- Ordering women to be accompanied by a guardian for three days of travel.[33]
- Right of Assembly and Association.
CDHRI has provided articles 11 and 23, which state that” Everyone has the Right to freedom of peaceful assembly and association according to national legislation”(CDHRI:1990)
The Universal Declaration of Human Rights mentions this Right in Article 2 and Article 20. (UDHR 1948)
The Quran provides for the freedom to associate with other religions (Quran 18:29). Allah says, Co-operate with one another for virtue and do not cooperate for vice and aggression” (Quran 5:2). Muslims are the best community that has been brought forth for humanity because they associate in belief in God and commanding what is proper and forbidding what is improper (Quran 3:110)
The Quran allows religious associations that enjoin goods and prohibit evil ( Quran 3:104). The right of association and assembly has been allowed under certain limits. Allah says, “And cooperate in righteousness and piety, but do not cooperate in sin and aggression. And fear Allah; indeed, Allah is severe in penalty.” (Quran 5:2). The (Quran 3:159)
Prophet himself joined an association named Hilf al-Fudul at Mecca in (590 A.D) to restore Justice and fight against oppression. (Guraya 1979)
- Right to Basic Necessities of Life.
In Islamic law, the basic necessity of life is defined as those things without which one cannot fulfill worldly and Islamic needs (Shaatiby (1975).
Allah says,” And in their wealth there is acknowledged right for the needy and the destitute” (51:19). The Quran mentions the basic necessities of life as eradication of hunger, clothes to avoid nakedness, and heat of the sun and drinks, which will make someone thirsty.[34]
The Quran has forced the father to provide the necessities of life to his wife and children on a reasonable basis. According to the Quran he should give them food and clothes to eat .[35]
The right of shelter for a wife and children has been provided in the Quran. Allah said, “Lodge them in a place where you dwell out of your means and do not harm them to oppress them. (Quran 65:6)
The Quran insisted on feeding the poor, the orphan, and the captive, and those who give charity will be awarded eternal paradise (Quran 76:8-15). Allah encouraged Muslims to feed people during extreme hunger, feed orphanages of close relationships, or feed needy people in misery, and those will be the people of paradise (Quran 90:14-16). According to the Quran, the needy, poor, and orphanages should be provided with their basic necessities. Muhammad was the main implementer of the teachings of the Quran. Muslims scholars unanimously agree on preservation of the five necessities, which are : religion, life, mind, offspring and property. [36]
Parents are among the disabled people, especially when they become old. The children have the duty to provide parents with the basic needs for life. The Quran ordered the children to honor their parents by providing them with food and clothes. ( Quran 17:23-24). The Quran commanded the children to Honour their parents and stay with them ( Quran 31-14-15). A man asked the Messenger of Allah! Who among the people is the most worthy of my good companionship?’ The Prophet said: “Your mother repeated it there times.”( Sahih Bukhari 5971) The Prophet said that “Heaven lies beneath the feet of mothers.” (Sunan-al-Nasa’i, 3104)
Disobeying parents is one of the greatest sins . [37]This statement recognizes the four necessities of life for every citizen in Islam, according to the Prophet. Ibn Hazm (1928) mentioned the three necessities of life as food to eat, a house to live in, and clothes to wear (Muhalla vol.3 p452)
The Prophet said, “There is no right for the son of Adam other than these things: a house in which he lives, a garment to cover his nakedness, a piece of bread, and water.”( Tirmidhy 2341).
The Prophet commanded husbands to provide their wives with food to eat, clothes to wear, and shelter to live in ( Abu Dawud 2143). The Prophet safeguarded the right to the basic necessities of life by helping Muslims obtain food, the most basic need.
- He helped the Ash’arites tribe when they ran short of provisions. [38]
- The Prophet established Zakat l Fitri and enjoined it to feed poor people.[39]
- The Prophet forbade caring for widows and poor; he ensured great rewards for that: “The one who looks after a widow or a poor person is like a warrior who fights for Allah’s Cause, or like him who performs prayers all the night and fasts all the day.[40]
- Teaching Muslims to share their food with others .[41]
- Allocating people to entertain his guests when he faces a shortage of food. [42]
- Forbidding eating the property of orphans unjustly.[43]
- Giving good tidings of entering paradise for the Guardian of Orphans, and the best house is one where the orphan is well treated.[44]
- Feeding people experiencing poverty will guarantee paradise.[45]
- The Prophet provided the food for a person for compensation of sexual intercourse during the day in the month of Ramadan, and in turn, he was allowed to eat the food because he was poor.[46]
- Feeding people is the best aspect of Islam.[47]
- Feeding the wife and children and servants is our act of charity, and it is rewarded.[48]
- The Prophet allowed the wife of misery husband to take enough food from his property to feed the family.[49]
- The Prophet said enslaved people are your brothers, so they should be fed with the same food that enslavers eat and clothed with the same clothes that the enslaved person masters.[50]
- Feeding people experiencing poverty is one of the compensations in the Pilgrimage for shaving the head due to disease.[51]
- Any practicing Muslim who feeds the parents will enter paradise .[52]
- The Prophet ordered honoring the guest by sustaining the guest for three days. [53]
- Allah will say to the one who did not feed the poor,” I asked you for food, and you did not feed Me”.[54]
- One should make sure that his neighbor is satisfied with food. The Prophet said, “He is not a believer whose stomach is filled while his neighbor goes hungry.[55]
- Anyone who dies, the Prophet will be his guardian. He will pay the debt of anyone who dies.[56]
- Right to Justice and equality before the law
In Islam, the blood of every Muslim is equal, and there is no distinction before the law. The Muslims are one hand against others, and their blood is equal.” [57]The Prophet said, “ The blood of every Muslim is equal; they are one hand against others. The asylum offered by the lowest of them in status applies to them (all), and the return is granted to the farthest of them.”[58]
The UNDHR provides this Right to Justice and equality before the law in Articles 5 and 7, and Article 11 states that everyone is innocent until proven guilty. (UDHR 1948). Islamic Declaration of Human Rights, Articles 3, 4, and 8 all provide the right to justice and equality before the law( CDHRI:1990)
Allah does not even weigh an atom’s injustice and prohibits injustice.”(Quran 4:40)Allah prohibited from consuming one another’s wealth unjustly (Quran 2:188). Allah commands people to judge by justice (Quran 4:58). Allah ordered justice, even though it will be against themselves or their parents ( Quran 4:135). The Quran mentioned that no bearer of burden shall bear the burden of another people ” (Quran 6:164).
Oppressors will get severe punishment on the day of Judgment (Quran 11:102). The Prophet forbade oppression (Sahih Bukhari 2442). The Prophet ordered Muslims to prevent oppressors from oppressing people.( Sahih Bukhari 6952) The Messenger of Allah said when people see an oppressor, yet they do not stop them from oppressing, it is likely that Allah will punish them all. [59]
Allah forbade unjust dealings ” (Quran 5:8). Allah said ”do not let your hatred of a people incite you to aggression. That means hatred should not lead people to injustice” (Quran 5:2). The Prophet has prohibited oppression and injustice (Muslim 2577). Oppression will be darkness on the Day of Judgment ( Sahih Muslim 2578). Allah said that the prayer of oppressed people would not be rejected. Among them are oppressed people. (Tirmidhy 2525)
The Prophet safeguarded the right to Justice by prohibiting killing a person protected by treaty, and killing such a person would lead him to Hell.( Sahih Bukhari 6516). The Prophet prohibited tribalism and boasting due to ethnic origin, and he said, “You are sons of Adam, and Adam came from dust.”
During the Prophet’s time, a woman from the noble tribe of Banu Makhzumi stole the property, and people wanted to intervene in her case because of the nobility of her tribe. The Messenger of Allah?” said: “Those who came before you were destroyed because whenever a noble person among them stole they would let him go. But if a person who was weak stole, they would carry out the punishment. I swear in the name of Allah, if Fatimah, the daughter of Muhammad, was to steal, I would cut off her hand.”[60]
This is a clear example of how the Prophet emphasized equal rights before the law.
Oppression of enslaved people and servants is prohibited.[61]
The right to Privacy may be found in Article 12 of the Universal Declaration of Human Rights 1948 (UDHR 1948). Article 19 of CDHRI mentioned the Right to Privacy, stating that Everyone shall have the right to live in security for the Privacy of religion, dependents, honor, and property. (CDHRI 1990)
The Quran told the believers not to enter someone’s house until they are permitted to do so. They should greet the people who reside in that house ( Quran 24:27). Asking permission in the time of three Privacy has been commanded (Quran 24:58). The Quran orders the believers to enter the houses through their main doors to maintain people’s Privacy (2:189). The Holy Quran prohibited spying on one another (Quran 49:12).
Islam prohibits searching for the faults of others ( Abu Daud 4880). The Prophet prohibited listening to the other people’s talk without their permission, and this is evil, and the molten lead will be poured into one’s ears on the Day of Resurrection as a punishment.”( Sahih Bukhari 7042). The Prophet warned that the most evil person is the one who divulges the secret of sexual intercourse with his wife.( Sahih Muslim, 1437) The Prophet said: If anyone peeps into a people’s house without their permission and knocks out his eye, no responsibility is incurred for his eye”(Abu Dawud 5172 ). The Prophet said: When a ruler seeks to make imputations against the people, he corrupts them. (Abu Dawud 4889).
Maududi (19734) said that Umar was visiting the city of Medina to find out the conditions of the Muslims; he came across a house from where he heard a man singing inside his home. He suspected mischief and saw a woman and some wine with the man.” On being reminded that he was violating the right to Privacy, he gave up his idea of punishing the man and letting him be free (Understanding Quran vol. 5, p. 89).
Salahudyn(1978) commented that Under Islamic law, bugging devices cannot be fixed in private houses to tape conversations taking place behind closed doors. Also, private letters cannot be censored in transit as practiced in modern civilized states. (Tarjuman –ul Quran, Lahore, 1stEdition, 1978, p 252). Islam declares any interference or encroachment on the Privacy of one’s life as illegal and sinful. ( Mawdood 1987)
9.The Right of owning a Property
Article 17 of the Universal Declaration of Human Rights affirms the Right to own property (UDHR 1948). CDHRI, in articles 16 and 17, acknowledged the Right to personal and intellectual property. ( CDHRI 1990)
The Quran clearly states that everything in the universe initially belongs to Allah, and humans were given properties by all properties offered to human beings for their use (Mirakhor et al., 2009).
The Quran stipulates, “Do not consume one another’s wealth unjustly” (Quran 2:188). Allah says, “Give to the orphans their properties (4:10-12). For a deceased person there is a unique share given by the law (Quran 4:33). Allah mentioned that in one’s wealth, there is a right of the needy and poor (Quran 51:19). Allah forbade hoarding wealth (Quran 4:37). For anyone who has the property is the trustee of that property ( Quran 57:7)
Wealth must be consummated in the way of Allah (Quran 4:95). Allah has unjustly prohibited the consumption of people’s wealth (Quran 4:161).
The Quran prohibits theft, robbery, and misuse of funds to safeguard property. Taking other’s property is not permitted, and the punishment for it is amputation (Quran 5:38). The punishment for those who are using force to steal other people’s property should be killed or crucified, or their hands and feet cut off or banished from the face of the world ( Quran 5:33). The Quran encouraged people to do legal work to earn life( Quran 67:15).
The Prophet safeguarded the right of property by:
- Warning that thieves will be deprived of the status of a true believer ( Sahih Bukhari 2479).
- The Prophet declared that the properties of Muslims are safe.[62]
- The Prophet ordered the proper use of properties Allah gave ( Abu Dawud 4063).
- Teaching that anyone who owns the property illegally will be in hellfire.[63]
- Prohibited eating of orphanage properties illegally.[64]
- Encouraging People to do work to ear legal properties and Prophet himself used to do work(Sahih Bukhari, 2134)
- He said that the better food is the one which is coming from earnings of one’s own hands. (Sahih Bukhari, 1966)
- Prophet Farewell sermon
The Prophet’s last Sermons were recorded in Sahih Bukhari, Sahih Muslim Sunan Au Dawud.[65]
The Prophet’s farewell sermon is rich in teachings of Islam and especially safeguards the human rights of all people.
Prophet said, “All mankind is from one father, Adam, and one mother, Eve; Arab has no superiority over a non-Arab, nor a non-Arab has any superiority over an Arab; white people have no superiority over black people, and black people have no superiority over a white people except by piety and good action.” This teaches equality before God and maintains all people’s dignity regardless of race, tribe, or ethnic origin. The right to dignity has been mentioned in Article no 1 of the Universal Declaration of Human Rights. Cairo Declaration for Human Rights, article no 3mentioned that All are equal in rights, dignity, and obligations, without discrimination based on sex, color, race, language, religion, sect, political opinion, or age.
The right of God to be worshipped and the implementation of the five pillars of Islam are prayer, fasting, Pilgrimage, and zakat, which are obligatory charity.
The Prophet prohibited injustice by saying, ” Do not do injustice to yourselves. Declaration of Human Rights, Articles 3, 4, and 8 all provide the right to justice. Article 4 of the Cairo Declaration of Human
Rights in I slam mentioned the right to justice.(CDHRI:1990)
The Prophet prohibited illegal bloodshed, retaliation of murders, prohibition of usury, and stealing properties of others, Prophet said. No one may take his brother’s property without his full consent.
This safeguards the right to life and the right to own property, as mentioned in Article 17 of the UDHR and in Articles 16 and 17 of CDHRI.
The sermon also commanded men to give their wives rights. Therefore, the Prophet was safeguarding the rights of women as provided in the rights of women was mentioned provision of food and clothes according to their economic capacity and kind treatment of women, avoiding violent and ill-treatment against women. The Universal Declaration of Human Rights has provided the Rights of Marriage, which mentions the Right of Marriage in Article 16. The United Nations conducted several meetings in 1975 in Mexico, Copenhagen in 1980, Nairobi in 1985, and Beijing in 1995. United Nations General Assembly[66] adopted “in 1979, also known as the “International Bill of Rights for Women”. [67]
CONCLUSION.
Islam is a balanced religion that has guided human beings in issues of spirituality and body. Islam guides human beings in matters of the world and the hereafter. Islam has provided Human rights, and these rights have been provided by the Almighty Allah, the creator of all things. Allah has given every Human being the innate rights because of humanity.
Prophet Muhammad implemented the Quran’s teachings. During his prophethood, he safeguarded all aspects of Human rights according to the Quran; he was the first leader to practice and protect human rights.
REFERENCES
- Abdullah, Umar Farooq. “The Empowering Jurist: Fatima al-Samarqandi.” MSA McGill. Muslim Students’ Association. Archived from the original on February 17, 2015, and retrieved February 17, 2015.
- Adam. P. (July 26, 1991). Democracy and the Market: Political and Economic Reforms in Eastern Europe and Latin America. Cambridge University Press. p. 58.
- Ahmad, K., & Hassan, A. (2000). Distributive justice: the Islamic perspective. Intellectual Discourse, 8(2).
- Alston, Philip (2005). “Ships Passing in the Night: The Current State of the Human Rights and Development Debate Seen through the Lens of the Millennium Development Goals.” Human Rights Quarterly.27 (3): 755–829. Doi: 10.1353/hrq.2005.0030.S2CID 145803790.
- Anjum, Ovamir (February 4, 2021). “The “Constitution” of Medina: Translation, Commentary, and Meaning Today.” Yaqeen Institute for Islamic Research. Retrieved 2023-04-21.
- Brian. W (March 15, 2004). “Beware instant democracy”. The Guardian. Retrieved November 3, 2014
- Bukhārī. M.I. (.2003). “Sahihi Bukhari. Maktaba Saffa
- Christian G. at all. (2008): The People and America’s Constitutional Tradition before the Civil War (Cambridge University Press, 2008) p. 290.
- Esposito, J (1996) Islam and Democracy (New York: Oxford University Press, 1996).
- Esposito. (2019) “Rethinking Islam and Secularism” (PDF). Association of Religion Data Archives. pp. 13–15. Retrieved April 20, 2019.
- Freedom House (2016). Freedom in the World 2016: Anxious Dictators, Wavering Democracies: Global Freedom Under Pressure (PDF).
- Furio Cerutti (2017). Conceptualizing Politics: An Introduction to Political Philosophy. Routledge. p. 17
- Ghamidi. A (2019)”Is Democracy Compatible with Islam? “. Www.al-mawrid.org. Retrieved September 24, 2019.
- Guillaume, A. (1955) The Life of Muhammad: A Translation of Ibn Ishaq’s Sirat Rasul Allah. Oxford University Press, 1955. ISBN 0-19-636033-1
- Guraya, Muhammad Yusuf (1979). “Judicial Institutions in Pre-Islamic Arabia”. Islamic Studies. 18 (4): 338. ISSN 0578-8072. JSTOR 20847120.
- Hossein, I. (2005). “The Muslim world and the West”: The root of conflict. Arab Studies Quarterly, 27(3), 1-20. Retrieved May 9, 2021, from http://www.jstor.org/stable/41858506.
- Huntington, S. (1997) “The Clash of Civilizations and the Remaking of World Order”, London, Simon & Schuster
- Humphreys, R. Stephen (1991). Islamic History: A Framework for Inquiry – Revised Edition. Princeton University Press. ISBN 978-0-691-00856-1.
- Jallow AY (2015) Freedom of Expression from the Islamic Perspective. J Mass Communication Journalism 5: 278. doi:10.4172/2165-7912.1000278
- Kamal. M.H. (1997) Freedom of expression in Islam. Revised version. Islamic Text Society. 22a Brook Land Avenue. Cambridge CB2 2DQ United Kingdom ISBN 0946621 59 Printed by Biddles Limited. Guildford.
- Khan, Rushda Fathima (March 18, 2021). “Rediscovering The Role Of Muslim Women Scholars In Islamic History: 43 Volume Work With 10,000 Biographies Published”. The Cognate. Archived from the original on July 25, 2023. Retrieved November 21, 2023.
- Khan. A (1997) Theory of universal democracy. Wisconsin International Law Journal, Vol. 16, No. 1, 1997
- . Khan, M. A.,et al. (2021). Analyzing The Farewell Sermon of the Prophet Muhammad. A Critical Perspective. International Journal of Linguistics Studies, 1(1), 71–81. https://doi.org/10.32996/ijls.2021.1.1.6
- Khatab, Sayed; & Bouma, Gary D. (2007). Democracy in Islam. London: Rout ledge. ISBN 9780415425742.
- Kuran, T. (1989). On the notion of economic justice in contemporary Islamic thought. International Journal of Middle East Studies, 21(2), 171-191.
- Lelyveld, David (2004), “Muhammad Iqbal”, in Martin, Richard C. (ed.), Encyclopedia of Islam and the Muslim World: A-L, Macmillan, p. 356, ISBN 978-0-02-865604-5
- Maududi. A (1960). Political Theory of Islam (1993 ed.). Lahore, Pakistan: Islamic Publications. p. 35
- Maududi, A (1976). Human Rights in Islam. Leicester: The Islamic Foundation. ISBN 0-9503954-9-8
- Milan W. Svolik (2012). The Politics of Authoritarian Rule. Cambridge University Press. p. 20. Archived from the original on 2019-10-21. Retrieved 2019-10-21
- Milja. K (2010). “Democracy and Conceptual Contestability: Reconsidering Conceptions of Democracy in Democracy Promotion” (PDF). International Studies Review. 12. no. 3 (3): JSTOR 40931113.
- Muslim H, (2005) Sahihi l Muslim. Imaret. Daru Ibn Hitham Cairo. Egypt.
- Natasha M. at all. (2011). Dictators and Dictatorships: Understanding Authoritarian Regimes and Their Leaders. Continuum. p. 17
- Noah. F (October 30, 2011). “Islamists’ Victory in Tunisia a Win for Democracy: Noah Feldman.” Bloomberg View. Retrieved October 31, 2011
- Peters, Francis E( 1994). Muhammad and the Origins of Islam. State University of New York Press, 1994. ISBN 0-7914-1875-8
- Rosen, L. (2000). The justice of Islam: comparative perspectives on Islamic law and society. Oxford University Press, USA.
- Ruegel, Wafa (January 19 2021). “Devotion to Women’s Names: Biographical Encyclopedia of Women in the Noble Prophetic Traditions.”. Archived from the original on November 20, 2023. Retrieved November 21, 2023.
- Sayyed, Asma (2013). Women and the Transmission of Religious Knowledge in Islam(illustrated ed.). Cambridge: Cambridge University Press. pp. 163–165. ISBN 978-1107031586. Retrieved March 15, 2015
- Steven (January 2015). “The Myth of Democratic Recession” (PDF). Journal of Democracy. 26 (1): 45–58. doi:10.1353/jod.2015.0007. S2CID 154831503. Archived from the original (PDF) on August 28, 2018. Retrieved October 4, 2018.
- Uddin, M. F.et.al. (2023). The “Right to Life” in the Universal Declaration of Human Rights (UDHR): A comparative study between the UDHR and the Qur’an and Sunnah. UMRAN-International Journal of Islamic and Civilizational Studies, 10(3), 41-55
- Walker, Adam(2014), “Constitution of Medina,” in Muhammad in History, Thought, and Culture: An Encyclopedia of the Prophet of God (2 vols.), Edited by C. Fitzpatrick and A. Walker, Santa Barbara, ABC-CLIO, 2014, Vol. I, pp. 113–115.
- Watt, William Montgomery (1961). Muhammad: Prophet and Statesman. Oxford University Press. ISBN 978-0-19-881078-0. Retrieved June 27, 2016.
- Whitaker, Brian (March 15, 2004). “Beware instant democracy”. The Guardian. Retrieved November 3, 2014.
- Yusuf Ali (1934) “The Holy Qur’an: Translation and Commentary “published by Muhammad Ashraf Publishers of Lahore, India.7912.1000278
FOOTNOTES
[1] https://dictionary.cambridge.org/dictionary/english/safeguard
[2]https://web.archive.org/web/20140819085257/http://www.ohchr.org/en/issues/pages/whatarehumanrights.asx
[3]https://www.researchgate.net/publication/375239590_The_Holy_Prophet_PBUH_in_Establishing_Human_Rights
[4] https://www.oic-oci.org/upload/pages/conventions/en/CDHRI_2021_ENG.pdf.
[5] https://www.islamawareness.net/Judaism/treaty.html
[6] https://yaqeeninstitute.org/read/paper/the-constitution-of-medina-translation-commentary-and-meaning-today#f8
[7]https://www.researchgate.net/publication/347847521_Comparison_of_Regulations_on_Human_Rights_in_the_Constitution_of_1945_and_the_Constitution_of_Medina.
[8] https://sunnah.com/nasai:4078
[9] https://sunnah.com/bukhari:7076.
[10] https://sunnah.com/bukhari:6865
[11] https://sunnah.com/riyadussalihin:394.
[12] https://sunnah.com/ibnmajah:2857.
[13] https://www.unicef.org/iraq/press-releases/more-9000-children-have-been-killed-or-maimed-%E2%80%AFiraq-2008
[14] https://reliefweb.in t/report/syrian-arab-republic/world-childrens-day-snhrs-12th-annual-report violations-against-children-syria-enar
[15] https://turkiye.un.org/en/263401-gaza-number-children-killed-higher-four-years-world-conflict
[16] https://sunnah.com/abudawud:4502
[17] https://sunnah.com/muslim:1063a
[18] https://sunnah.com/bukhari:3518
[19] https://sunnah.com/tirmidhi:1931
[20] https://sunnah.com/muslim:2589
[21] https://sunnah.com/ibnmajah:349
[22] https://sunnah.com/muslim:67
[23] https://sunnah.com/abudawud:4876.
[24] https://sunnah.com/riyadussalihin:1527
[25] https://sunnah.com/bukhari:2661
[26] https://quranx.com/tafsirs/8.68
[27] https://sunnah.com/bukhari:3015
[28] https://sunnah.com/bukhari:3015
[29] https://sunnah.com/bukhari:5199
[30] https://sunnah.com/bukhari:6968
[31] https://www.ohchr.org/en/stories/2012/10/not-single-girl-should-be-forced-marry-un-experts
[32] https://sunnah.com/ibnmajah:1924
[33] https://sunnah.com/muslim:1338c
[34] https://legacy.quran.com/20/117-119
[35] https://quran.com/en/al-baqarah/233
[36] https://www.islamweb.net/en/fatwa/327253/origin-of-five-fundamental-necessities
[37] https://sunnah.com/nasai:2562
[38] https://sunnah.com/muslim:2500
[39] https://sunnah.com/ibnmajah:1827
[40] https://sunnah.com/bukhari:5353
[41] https://sunnah.com/ibnmajah:3254
[42] https://sunnah.com/adab:740
[43] https://sunnah.com/abudawud:2871
[44] https://sunnah.com/adab:137
[45] https://sunnah.com/ibnmajah:3251
[46] https://sunnah.com/bukhari:1937
[47] https://sunnah.com/adab:1013
[48] https://sunnah.com/adab:82
[49] https://sunnah.com/bukhari:7161
[50] https://sunnah.com/ibnmajah:3690
[51] https://sunnah.com/bukhari:4517
[52] https://sunnah.com/adab:8
[53] https://sunnah.com/abudawud:3748
[54] https://sunnah.com/adab:517
[55] https://sunnah.com/adab:112
[56] https://sunnah.com/bukhari:2399
[57] https://sunnah.com/ibnmajah:2684
[58] https://sunnah.com/ibnmajah:2683
[59] https://sunnah.com/riyadussalihin:197
[60] https://sunnah.com/nasai:4901
[61] https://sunnah.com/abudawud:5161
[62] https://sunnah.com/abudawud:2640
[63] https://sunnah.com/mishkat:4017
[64] https://sunnah.com/abudawud:2872
[65] https://sunnah.com/muslim/15/159.
[66] The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)