Transcript KEADILAN & HAM DALAM ISLAM

ISLAM AND HUMAN RIGHTS
Lily Zakiyah Munir
Center for Pesantren and Democracy Studies (CePDeS)
Indonesia
Is Shariah Compatible with HR?
Yes, shariah is based on principles of good
government, human welfare, justice, protection
of human life and dignity, and equality of all
human beings;
No, if shariah is reduced as a formal force like now
in many Muslim countries with despotic
governments, dictatorship, repression to women
and non-Muslim, and is used to justify injustices
and violations of human rights
Freedom House Survey
In 2003, of 56 IOC members, 30 “not free”; 22
“partly free”; only 4 “free”
22 (40%) totalitarian regime; 15 considered
democratic
Perimeter: multi-party, multi-candidates,
competitive elections
Note: The Taliban in Afghanistan, Saudi Arabia,
Sudan, Nigeria, Aceh in Indonesia
External Barrier: Double Standards
I must admit that I am not a supporter of the UDHR. Our
history of civilization has taught us … how big words can be
transformed into atrocious crimes. We cannot forget that the
initiators of the Declaration of HR and the plain French
citizens are the same people who shortly afterwards, and
before the ink of the Declaration had dried up, organized a
campaign and sent their forces under the leadership of their
favorite general, Napoleon, to Egypt. We must not forget
either that the United Nations Organization issued the UDHR
in the same year that it recognized the Zionist state that
usurped Palestine and robbed its people of every right
stipulated in the Declaration, including the right of life.
Ismat Sayf al-Dawla (Egypt)
External Barrier: Double Standards
“Do individuals in Asia and Africa have the right
to protest the blatantly undemocratic
representation of the UN Security Council? Can
citizens of the international community argue that
nuclear weapons- not just in India, Pakistan or
North Korea, but also in the United States, home
to half the world’s arsenal – threaten their rights to
life and security?”
(Shirin Sinnar, “Reflection on the Anniversary of the Universal
Declaration of Human Rights,” in Commentary, International
Movement for a Just World, New Series No. 19 (December 1998),
Kuala Lumpur at p. 4.
Internal Barrier: Formal shariah
o Authoritarian, ‘speaking in God’s name’
o Repression of the ‘other’ (women and non-Muslim)
o Severe punishment, losing humanity
o Theocracy over democracy
o Abuse of human rights
o Monolithic, losing flexibility, plurality and richness of law
“Rahmah al-ummah fi-ikhtilafi al-aimmah”
(Different opinions of Muslim jurists are blessings for Muslim
society) – The Prophet
Human Rights in Islam
Haqqul insan muqaddam ala haqqil llah (human rights
must be prioritized over God’s rights) – because God
is capable of defending His own rights in the
hereafter, while humans have to defend their own
(classical fiqh literature).
“Violations of human rights would not be forgiven
except by the concerned people, while violation of
the rights of God will be taken care of by God
himself. The concept of tauhid, the oneness of God,
implies that Allah is omnipotent to protect His own
rights.” (Ibn ‘Araby)
Foundation of Human Rights in Islam
1) Tauhid (Oneness of God) – no intermediary between human and
God.
“O mankind, We have created you from a male and female and made
you into tribes and nations so that you may know one another. The
most noble of you before God is the most God-conscious of you.”
(QS al-Hujurat:49/13)
2) The dignity of humans: as God’s khalifah (deputy) on earth –
responsibilities & rights.
3) Humans as the most noble creature – all creatures incl. the angels
prostrate to Adam – human with ‘aql (ratio) and lust
Five Basic Rights (al-Kulliyatul Khoms)
Maliki jurist Imam Shatiby
1)
2)
3)
4)
5)
Protection of Freedom of Faith
Protection of one’s life
Protection of freedom of thinking
Right for procreation
Right for property
Freedom of Expression
The Qur’an outlaws coercion on belief:
“There is no coercion in religion, it has been made clear
what is guidance from falsehood “ (Q. 2:256)
“If your Lord had wished, all of those on earth would have
surely believed. Do you then coerce people until they
become believers?”
On pagans: “If God had wished, they would not associate
God with others.”
“If your Lord had wished, He would have made people into
one nation.”
Concept of human being goes beyond rights
(Chandra Muzaffar)
Humans were created because of God’s love for humankind, and
proclaimed as His vicegerent (khalifah) on earth. As vicegerent
of God, human lives on earth to serve God, to do God’s will.
After this life, he returns to God, to be judged for his deeds on
earth.
As God’s vicegerent, he is bestowed with fundamental rights. His
ultimate responsibility transcends to God. His most precious
relationship is with God, directly. His most sacred role is as
vicegerent, deputy of God on earth.
Human as avenue for God’s eternal values
As khalifah, human has loftiest place: higher
than the angels, who prostrate to him. He is
endowed with life, intelligence, creativity,
freedom, power, love, compassion, and mercy.
Basis of human life is spiritual; purpose of human
efforts is ultimately spiritual; human strives to
transform life and society guided by spiritual
values—truth, justice, compassion.
Qur’anic message is universal
The oneness of God (tauhid) inspires and motivates
Muslim to strive for the oneness of human kind. All
human differences of color, creed, class are secondary.
What is primary is righteous conduct guided by Godconsciousness.
“Mankind is one single nation. And Allah sent
Messengers with glad tidings and warnings; and with
them He sent the Book in truth, to judge between
people in matters wherein they are different…”
(Q.S. al-Baqarah/2:213)
Islam and Economic Rights
The Qur’an bestows upon the poor an automatic right to
the wealth of the community through the institution of
the zakat (a wealth tax every Muslim with some means
is required to pay). The Qur’an says: “And in their
wealth there is acknowledged right for the needy and
destitute” (51:12)
There are many other economic rights in Islam, e.g. all
persons shall have access to the basic necessities of
food, clothing, shelter, education and health care
irrespective of their age, sex, color, or religion.
Social and Civil Rights
Everyone has the right to found a family, the right
to privacy, the right to freedom of movement,
and the right to freedom of religion.
“Every person has the right to freedom of
conscience and worship in accordance with his
religious beliefs.” (UIDHR)
“To you be your Way, and to me mine.”
(Q.S. al-Kafirun/109:6)
Main Issues Islam and HR
1)
Women in conventional shariah:
Polygamy, inheritance, public leadership, family leadership
1)
2)
Status of non-Muslim
Freedom of Religion
“It is not permissible to force a non-believer into embracing
Islam. If one is forced to embrace Islam, he will not be
considered Muslim except his embrace of Islam is of his
own choice …” (Ibn Qudamah, a Hanbali jurist)
“There is no compulsion in religion.”
Reconciling Shariah and HR
The ISSUE:
(Narrow) Shariah or Fiqh, product of human intelligence in
the past, is viewed as solution for all times and places.
The EFFECT:
Stagnant and rigid Shariah, fails to respond to concrete
social, political, and economic problems of Muslim
societies
The ALTERNATIVE:
Fiqh of reality (fiqh al-waqi’) – enlightening on concrete
human issues: gender, politics, civic issues, etc.
Shariah Reform: Imam Shatiby & Maqashid Shariah
Shariah: law, purpose, text, reason (ijtihad).
Overall purpose: promotion of public benefit (maslahah).
A source of social ethics and humanity with three-level goal:
 Primary: 1) protection of faith, 2) protection of life, 3)
protection of intellectual freedom, 4) right to progeny, 4)
right to property
 Secondary: Maslahah intended for flexibility and ease in
implementing law.
 Tertiary: supplementary maslahah focused on ethics and
aesthetic.
Muslim Reformer: Muhammad Abduh (1849-1905)
“I found Islam in the West”
Encouraged Muslims to optimize rational dimension in
religious thoughts as an effort to synergize Islam and
current reality.
1)
Free Muslims from blind imitation (taqlid)
2)
Rational ‘rereading’ of Qur’anic texts.
Influence of Abduh:
1)
Rational stream – secularism in Islam, Thaha Husein
2)
Revivalist (salafi) stream – Rashid Ridha, Muslim
Brotherhood in Egypt
Muslim Reformer: Abdulahi Ahmed A. An-Na’im
The precise content of shariah has always been,
and will continue to be, the product of human
understanding in specific historical context.
Reform by shifting reference from contextual,
operational Medina verses to universal,
fundamental verses of Mecca
(Ustadh Mahmoud Taha, Sudan, who was hanged a week
after shariah was enforced by Numeiri)
What do Muslim Reformers say?


Muhammad Arkoun: The interpretation of the Qur’an is
and the hadiths has never been detached from practical
politics. There is a strong connection between
interpretation and political supremacy and it is used to
exert control over Muslim communities.
Muslim communities have failed to understand the basic
message of Islam – the fact that it is not static but
develops in a dynamic fashion. Islam is a message of
God which relates to humanity’s inevitable degradation.
The relevance of the Islamic message is thus also rooted
in the permanence of humanity’s problems. (From
Shariah to Maqashid al-Shariah)
What do Muslim Reformers say?

It’s not untrue to say that Islamic civilization and Arabic
civilization is a civilization which revolves around the
text. The central role of the text makes it become a
‘paradigm’ which frames almost all Muslims’ lives
throughout history (Nasr Hamid Abu Zaid).

“Performing jihad in Lebanon is not necessary, since
working hard to support your own family and educate
your children well is part of jihad which nowadays must
be a priority” (Imam Akbar Sheikh Al-Azhar, Sayyed
Tantawi to Egyptians volunteers for Lebanon after Israeli
attack in 1990).