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8/6/2019 44166416 Peaceful Settlement of Disputes
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HUMAN RIGHTS IN ISLAM
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CONCEPT OF HUMAN
RIGHTS
Human Rights are those conditions of social life, by the
providence of which one can achieve the happiness and
contentment.
If we live in a society, being the part of it, we want to live free
but keeping in view that we are in chains and these chains are
the limitations or boundaries on our freedom.
In the same vein freedom in society is not absolute, as
absoluteness ultimately leads towards dictatorship. Ones
freedom ends before the liberty of others.
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CONCEPT OF HUMAN RIGHTS
Rights are like the planets orbiting the sun. Same is the case of
society in which everyone is having sphere of ones rights and it
should not contradict the others.
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Basic norms
of society
Rights of an
individual
Rights of
otherindividual
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RIGHTS AND SOCIETY
Society, of which, we all are part of, is like a fabric. Men and
Women are two main kinds of threads, by which this fabric is
woven. Now, threads are not to decide their order in the fabric but
the machine or the person working on it will decide. This can be
the only way to reach the fine cloth. If fabric itself is left to decide
its order than the cloth will be rough.
In the case of Human Rights or its kind Women Rights, it should notbe the case that members of society are deciding their order or the
fraction of society is deciding the rights of others.
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WHO WILL DECIDE RIGHTS?
So, the view of above logic, it should be the jurisdiction of someone superior to human to decide the rights. That is in the
shape of divine religion Islam. Islam starts from Adam (AS) andconcludes upon Holy Prophet Muhammad (SWT). As Allah (SWT)says that:
And Verily, the Religion near Allah (SWT) is Islam
Islam and all other divine religions make the sovereignty in the
hands of Almighty Allah (SWT). Same is the idea of Rule of Lawthat the commands of law should be deemed as superior and nohuman should challenge them. So, it will be power of Allah todecide the rights.
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CONTINUE«
All prophets were under the laws being revealed upon them and
no-one made himself above the religion or law being revealed
upon him.
So, the concept of grant of rights to every human is as old as is
the history of human beings.
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EQ UALITY BETWEEN MEN AND
WOMEN
Islam considers a woman to be equal to a man as a human being and as hispartner in this life. Women have been created with a soul of the same natureas mans. Allah (SWT) says in the Quran:
"O mankind! Be dutiful to your Lord, Who created you from a single person (Adam), and from him (Adam) He created his wife (Eve), and fromthem both He created many men and women and fear Allah through Whomyou demand your mutual (rights), and (do not cut the relations of) the wombs(kinship). Surely, Allah is Ever and All-Watcher over you." (Al-Nisa 4:1)
In Islamic law a woman is an independent, unique individual in her own right.
She has the same responsibilities towards herself, towards Allah (SWT) andtowards other human beings as the male, and will be punished or rewardedin the Hereafter without discrimination towards her female gender.
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KINDS OF WOMEN RIGHTS
We can categorize women rights in five kinds as under:
1. Spiritual Rights
2. Economic Rights
3. Social Rights
4. Educational Rights
5. Legal Rights
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SPIRITUAL RIGHTS
Equality in spiritual Rights
Surah Nisa, Ch. No. 4, Verse No 124, which says: If any of
you do deeds of righteousness, whether it be male or afemale and has faith, they shall surely enter Paradise and
not the least injustice shall be done to them
Surah Isra, Ch.17, Verse No.70, which says, We have
honored the children of Adam and bestowed on them
special favors.
Here, Allah says about his favor for both male and female without
any discrimination.
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ECONOMIC RIGHTS
In 1870, the married women in England was given the right to
dispose of its property.
Islam recognized the economic rights of women before 1400 yearsago.
Women in Islamic state is not only given right to work but
dignified jobs as doctors and teachers.
First and beloved wife of our beloved Prophet (SAW) was asuccessful bossiness women of her time.
No financial liability on women but have the right of inheritance.
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SOCIAL RIGHTS
Islam prohibits, female infanticide. It is mentioned in Surah Taqveem, Ch.
81, Verse No. 8 and 9:
when the female child is buried alive and when she questions you, for what
crime was she killed
Surah Nisa, Ch. No. 4, Verse No. 1 says:
Respect the womb that bore you
Best among you is the one who is best for his wife. Muhammad (SWT)
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EDUCATIONAL RIGHTS
Surah Alaq, or Surah Iqra, Verse No. 1 which says:
Read, recite or proclaim in the name of your Lord
According to a saying of Prophet Muhammad (SWT), It is obligatory for
every Muslim, male or female, to acquire knowledge. (Al-Bayhaqi).
This verse and Hadith clearly gives equal opportunities of
education to both male and female
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LEGAL RIGHTS OF WOMEN
Equal legal personality
Equal civil and criminal liabilities
Qisas, Theft and etc
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CONCLUSION
Female in Islam is deemed as equal but not
identical to male
To make a female responsible for the liabilities of
male will also be injustice
Women should not be portrayed as the weak
fraction of society
Divine law should decide the rights of both men
and women
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