Fundamental Rights in The Holy Qur'an.

All the fundamental rights have been neatly summarized in the famous khutbah of the Prophet, peace and blessings be upon him, at the last pilgrimage when he said: "Allah says: O mankind we have created you from a male and a female: and We have made you into families and tribes that you may recognize one another.

Verily, the most honourable in the sight of Allah is he who is most righteous amongst you...

A coloured man has no preference over a white man, nor a white man over a coloured man, nor an Arab over a non-Arab, nor a non-Arab over an Arab, except for righteousness.O People, your lives, your honour and your properties are to be respected by one another till the Day of Reckoning comes, They are to be respected as you respect this day (Yawmu-l'Arafah) and this month (Dhu-l-Hijjah)and this city." Introduction: The modern concept of fundamental rights is of course not identical with the guidance provided by Islam in the field.

Modern constitutional theory of the free western world proceeds on the assumption that the State has the right to make or unmake any laws, and the fundamental rights are so many limitations on its law-making power.

In case of disputes as to whether fundamental rights have been transgressed or not, the Superior Courts act as the final arbiters.

An individual has a right to demand the enforcement of his rights, irrespective of the role he plays in the society.

In short the rights of an individual have priority over his duties.

The Qur'anic teachings on the subject, however, proceed from the opposite end.

The primacy of duties and obligations over rights is constantly emphasised in the Qur'an.

The way to salvation, for an individual as well as for a community, is according to the Qur'an, by constant vigilance over the performance of one's duties.

The Prophets, whom Allah sent to provide examples to be emulated, were constantly busy in the performance of their duties, without demanding any recompense from the society, and without worrying about public recognition, pomp, or worldly glory.

The path of spiritual development is illuminated by sacrifice.

Those alone achieve the highest spiritual prizes who genuinely sacrifice their lives and their wealth in the path of Allah and can say, as the Prophet is commanded to say: ..my prayer and my ritual sacrifice and my living and my dying are for Allah, the Lord of the Worlds" (Suratu-l An'am, 6:163). The key to the Qur'anic principles on this subject lies in the verse: "Allah has bought from the believers their selves and their possessions; for that, theirs is Paradise" (Surat- Tawbah, 9:110). The life of a true believer after entering this covenant by which he sells his life and wealth to Allah becomes that of a trustee in regard to his trust.

Selling his life and wealth to Allah means that he agrees to expend thereafter whatever he has received in trust from Allah according to the priorities fixed by Allah.

Some of these obligations pertain to the social relations of the believers.

Looked at from this angle, the major duties of the believers in regard to their fellow beings may be considered as the latters' rights. The duty to earn a lawful livelihood and to contribute to the common pool for social security by way of Zakah, being that of the individual, the Public Authorities, acting as the agents of the community are under no further obligation than this, to look after the need of the helpless ones -of those who suffer permanent disabilities always and all the time, and of those who suffer from temporary disabilities, -till the disability is removed; and to intervene whenever any one takes undue advantage of another.

These principles from a constitutional angle operate as limits on the powers of public authorities.

They do not permit public authorities the power or the right to lay down or change the ground rules of the society or its priorities.

The Shari'ah being the source of authority (and also the criterion for adjudging the validity of its exercise) the public authorities are mere instrumentality's for its operation and enforcement. Right to Protection of Life: According to the Qur'an, human life is sacrosanct.

Of the several verses which affirm the inviolability of human life except for just cause, the following may be noted: "And do not kill the soul Allah has forbidden, except for right".

(Surah Bani lsra'il, 17:33)"...

whoso killed a soul not for retaliation for a soul slain, nor for corruption done in the land, shall be as if he had slain mankind altogether; and whoso gave life to it, shall be as if he had given life to mankind altogether." (Suratu-l Ma'idah, 5:32). The Right to Justice: The first and foremost duty of the Prophet, peace and blessings be upon him, was to establish Justice, and this continues to be the duty of the community's Ruling Agencies.

Not only are the public authorities bound to provide justice to all, but everyone has a right to protest against, injustice.

In this regard the following verses, amongst others, may be noted: "And the recompense of an injury is the like of it; but whoso forgives and brings about reformation, his reward is with Allah.

Surely, He loves not the wrongdoers"."But there is no blame on those who defend themselves after they have been wronged."The blame is only on those who wrong people and transgress in the earth without justification.

Such will have a grievous punishment." (42:40-42)."Allah likes not the publication of evil (by others) except on part of one who is wronged." (Suratu-n Nisaa', 4:148)."To this, then do thou invite mankind.

And be thou steadfast as thou art commanded, and follow not their evil inclinations, but say, 'I believe in whatever Scripture Allah has sent down, and I am commanded to judge justly between you.

Allah is our Lord and your Lord.

For us is the reward of our works and for you the reward of your works.

There is no quarrel between us and you.

Allah will gather us together and to Him is the return." (42:15)."0, ye who believed, be steadfast in the cause of Allah, bearing witness in equity; and let not a people's enmity incite you to act otherwise than with justice.

Be always just, that is nearer to righteousness.

And fear Allah.

Surely, Allah is aware of what you do." (Suratu-l Mai'dah, 5:8)."Surely, We sent down, the Torah wherein was guidance and light.

By it did the Prophets, who were obedient (to Us), judge for the Jews, as did the godly people and those learned (in the Law) for they were required to preserve the Book of Allah, and (because) they were guardians over it.

Therefore fear not men but fear Me; and barter not My signs for a paltry price.

And whoso judges not by that which Allah has sent down, these it is who are the disbelievers," (ibid.

:44)."And therein We prescribed for them; A life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for other injuries equitable, retaliation.

And whoso waives the right thereto, it shall be an expiation for his sins; and whoso judges not by what Allah has sent down, these it is who are wrongdoers." (ibid.

:45)."And let the People of the Gospel judge according to what Allah has revealed therein, and whoso judges not by what Allah has revealed, these it is who are the rebellious." (ibid :47). The Right to Equality: Between man and man, the Qur'an recognises only one criterion for superiority and that is due to more righteous conduct.

All distinctions based on parentage, tribal relationships, colour and land are irrelevant.

The following verse is the great charter of this. "0 mankind,We have created you from a male and a female; and We have made you into tribes and sub-tribes that you may recognise one another.

Verily, the most honourable among you, in the sight of Allah, is he who is the most righteous among you.

Surely, Allah is All-Knowing, All-Aware." (49:13)."And for all are ranks according to their deeds so that Allah may repay them for their works (and in this) they shall not be dealt with unjustly." (46:19).".

I will allow not the work of any worker from among you, whether male or female, to be lost.

You are from one another .(Surah Aal 'Imraan, 3:195). Duty to the Obedience of what is Lawful and Disobedience of what is Unlawful: The clear implication of the idea of the Rule of Shari'ah is that a person is liable to obey only what is lawful and to dissociate from, disobey, and even to correct if he can, what is unlawful.

Most of the relevant verses in this context have already been noticed above.

The most comprehensive statement is contained in the following verse: "And help one another in righteousness and piety and abet not one another in sin and transgression." (Suratu-l Maa'idah, 5:2). Right to Participate in Public Life: According to the Qur'an, establishment of authority in this world is a grace of Allah in favour of the whole community whose members are constantly alive to their duties and obligations.

The character of such a community is that their affairs are settled by mutual consultation.

The most direct verses on the point are: "Allah has promised to those amongst you who believe and do good works that He will make them succeed (the present rulers) in the earth as He caused those who were before them to succeed (others): and that He will surely establish for them their religion which He has chosen for them and He will surely give them peace in exchange of fear." (24:55)."And whose affairs are (decided) by mutual consultation." (42:38)."And consult them in the matters(of administration) " (Surah Aal 'lmraan, 3:159). Right to Freedom: Modern constitutions divide freedom into various sub-divisions like freedom of expression, freedom of movement, etc.

The Qur'an on the other hand, amongst other directions, makes one comprehensive declaration that no person in authority, even a Prophet, has the right to enslave another in any manner.

Allah says: 'It is not for a man that Allah should give him the book, and authority and prophethood and then he should say to the people become slaves unto me, apart from Allah; but (he would say): Be solely devoted to the Lord because you teach the book and you study (it)." (ibid.

:79) It should however be clearly understood that the word slave in the above context is used not in the technical sense of 'slavery' but in the general sense of being wholly dependent on another.

The Qur'an makes it clear at several places in the Book that the Qur'an itself is the ultimate criterion, Allah makes the Prophet declare: "Shall I seek for judge other than Allah when it is He who has sent down to you the clearly explained Book." (Suratu-l An'aam, 6:114). Right to Freedom of Conviction: According to the Qur'an, Man becomes truly entitled to spiritual honours when he willingly chooses the right path.

No one can be forced into becoming rightly guided.

The following verses may be noted in this behalf: ", there should be no compulsion in religion.

Surely, right has become distinct from wrong; so whosoever refuses to be led by those who transgress, and believes in Allah, has surely grasped a strong handle which does not break.

And Allah is All-Hearing, All-Knowing." (Suratu-i Baqarah, 2:256)."Admonish, therefore, for thou art but an admonisher." (Suratu-l Ghaashiyyah, 88..21-2)."Thou hast no authority to compel them."We know best what they say; and thou has not been appointed to compel them in any way.

So admonish, by means of the Qur'an, him who fears My warning." (50:45)."Say, 0 ye men, now has the truth come to you from your Lord.

So whosoever follows the guidance, follows it only for the good of his own soul, and whosoever errs, errs only against it.

And I am not a keeper over you." (Surah Younus, 10:108). Right to Freedom of Expression: The believers are under an obligation to "speak out the truth without fear and without desire to show favour".

Amongst other verses, the following is a comprehensive mandate to this: "0 ye who believe, be strict in observing justice, and be witnesses for Allah, even though it be against yourselves or against parents and kindred.

Whether be he rich or poor, Allah is more regardful of them both.Therefore follow not low desires so that you may be able to act equitably.And if you conceal the truth or evade it, then remember that Allah is well aware of what you do." (Suratu-n Nisaa', 4:135). Right of Protection against Persecution for Difference of Religion: The right to be protected against persecution for differences in faith or opinion is a clear corollary of the right of freedom of conviction.

It has been expressly mentioned, because many sins have been committed by over enthusiastic well-meaning fanatics: "And revile not those whom they call upon beside Allah, lest they, out of spite, revile Allah in their ignorance.

Thus unto every people have We caused their doing to seem fair.

Then unto their Lord is their return; and He will inform them of what they used to do." (Suratu-l An'aam, 6:108)."For each of you we (have) prescribed a Law and manifest way.

And if Allah had willed He would have made you (all) one people, but (He) tries you by that which He has given you.