ISLAM, A COMBINATION OF LAW AND RELIGION: FOCUS ON HUMAN RIGHTS
Bashir Mohammed Saleh, Esq., Department of Islamic and Sharia Law, Yobe State University, Damaturu, sbashirmohammed@gmail.com
Abubakar Sadiq Usman, Esq., Department of Public and Private Law, Yobe State University, Damaturu, sadiqusman93@gmail.com
ABSTRACT
This paper explores the comprehensive nature of Islam as both a religion and a legal system, focusing on its integral relationship with human rights. Using a doctrinal method of research, the study examines Islamic legal principles derived from the Quran, Hadith, and centuries of Islamic jurisprudence, with particular emphasis on the rights of individuals, including prisoners of war. Despite the proliferation of modern human rights frameworks, there remains a significant gap in understanding the depth and applicability of Islamic human rights principles in contemporary legal systems. This research addresses this gap by demonstrating how Islamic law, as enshrined in the Quran and interpreted through Sharia, offers a robust framework for human dignity, justice, equality, and mercy—values that transcend the limitations of modern human rights conventions. The study highlights the relevance of Islamic human rights in the modern context and asserts that the Quranic teachings on justice, mercy, and protection of the weak provide an enduring contribution to global discussions on human rights. This paper thus contributes to the body of knowledge by offering a comparative analysis of Islamic human rights principles, emphasizing their practical and theoretical significance in contemporary legal and political frameworks.
Keywords: Islamic Law, Human Rights, Sharia, Quranic Teachings, Mercy and Justice
1.0. INTRODUCTION
Islam, often perceived solely as a religion, is much more than a spiritual guide it is a comprehensive way of life that intertwines both law and faith. At its core, Islam provides a complete framework for human existence, addressing not only the spiritual and moral dimensions but also the legal and societal aspects of human interaction.[3] This fusion of religion and law is embodied in Sharia, the Islamic legal system, which is based on the teachings of the Quran, the Hadith (sayings of Prophet Muhammad), and centuries of Islamic jurisprudence.[4] Human rights, in their modern conception, are often seen as a product of the Enlightenment and the Universal Declaration of Human Rights (UDHR) formulated in the 20th century. However, this paper asserts that Islam, long before these modern frameworks, established a comprehensive system of human rights that emphasizes dignity, justice, equality, and mercy. The Quran, through its Ayat al-Ahkam (verses related to legal injunctions), and the Hadith provide a robust legal structure that not only regulates the relationship between individuals and their Creator but also governs the interactions between individuals in society, ensuring justice and protection for all, including the marginalized and vulnerable, such as prisoners of war.[5]
In the contemporary world, many nations and international bodies have attempted to create laws and conventions to safeguard human rights. Yet, despite their efforts, numerous issues persist, ranging from the treatment of prisoners to the protection of women’s rights and the right to justice. This manuscript aims to explore the Quranic foundation of human rights and how these principles compare with and even surpass modern human rights conventions in certain areas. The key question it seeks to address is whether modern human rights frameworks could benefit from revisiting the Quranic principles of justice, mercy, and protection of the weak, as Islam has laid down for its followers fourteen hundred years ago.[6] By examining these principles in depth, we argue that the legal and moral teachings of Islam offer valuable lessons in the global discourse on human rights. Through a combination of doctrinal research and analysis, this paper seeks to shed light on the Islamic perspective of human dignity and equality, offering insights into how Islamic law has influenced societal structures, particularly in relation to the protection of life, property, and individual rights. The objective is not only to highlight the theoretical foundation of human rights in Islam but also to demonstrate the practical relevance of these teachings in contemporary legal and political frameworks.[7]
In a world where the struggle for human rights remains an ongoing challenge, particularly in conflict zones and authoritarian regimes, it is crucial to reflect on the universality of human rights across diverse cultures and religions. Islam’s perspective, rooted in divine commandments, provides a unique and enduring contribution to this global conversation, advocating for a system of rights that transcend borders, races, and nationalities. This research will explore these intersections and propose that the teachings of the Quran on human rights are as relevant today as they were at the time of their revelation.[8]
2.0. HOW ISLAM TACKLES ALL ASPECT OF HUMAN PROBLEMS
Islam by its nature has tied both faith and legal orders together and any attempt to separate one from the other will attract the wrath of Allah. Shari’ah is the legal aspect of Islamic, it has provisions governing all aspects of human conducts and regulate his dealings with his Creator, fellow human being, be it husbands/wives, children, neighbours, business associates, prisoners etc.
Therefore, Islam is an encompassing religion that has the provisions either expressly or by necessary inferences to tackle all human problems as rightly provided by Allah (SWT) in the Glorious Qur’an:
“And, mention, the day We shall raise up from every community a witness against them from among themselves, and this will be their [that community's] prophet, and We shall bring you, O Muhammad, as a witness against these, namely, your people. And We have revealed to you the Book, the Qur'an, as a clarification of all things, that people [might] need concerning the Law, and as a guidance, from error, and a mercy and good tidings, of Paradise, to those who submit, [those who] affirm the Oneness [of God].”[9]
Every Prophet will bear Witness against his Nation on the Day of Resurrection; Allah addressed His servant and Messenger Muhammad, saying;
“And on the Day when we resurrect a witness from each nation from among themselves, and we bring you (O Muhammad) as a witness against these), meaning, your Ummah.”[10]
This verse means; remember that Day and its terrors, and the great honor and high position that Allah has bestowed upon you.
This is like the Ayah with which Abdullah bin Mas`ud ended when he recited to the Messenger of Allah from the beginning of Surah An-Nisa'. When he reached the Ayah;
How (will it be) then, when We bring from each nation a witness and We bring you (O Muhammad) as a witness against these! (4 v 41) the Messenger of Allah said to him; Enough.
Ibn Mas`ud said:
"I turned to him and saw his eyes streaming with tears."
The Qur'an explains everything; Allah says:
“....And We revealed the Book (the Qur'an) to you as an explanation of everything......”[11]
Ibn Mas`ud said;
"Allah﴾ made it clear that in this Qur'an there is complete knowledge and about everything."
The Qur'an contains all kinds of beneficial knowledge, such as reports of what happened in the past, information about what is yet to come, what is lawful and unlawful, and what people need to know about their worldly affairs, their religion, their livelihood in this world, and their destiny in the Hereafter. Guidance means, for their hearts, a mercy, and good news for the Muslims.[12]
The Quran makes manifest everything on which depends guidance or deviation, success or failure. Its knowledge is essential for following the right way. It clearly distinguishes truth from falsehood.
In this connection one should guard against that meaning of this sentence and the like in the Quran according to which some people interpret “everything” to mean the knowledge of all sciences, arts, etc. and in order to prove the correctness of their interpretation, they have to pervert the real meaning of the Quran. The Holy Qur’an is a guidance for those who surrender to it as a divine Book and follow it in every aspect of life. Then it will bring Allah’s blessings upon them, and will give them the good news that they will come out successful in the court of Allah on the Day of Judgment. Or, the contrary, those people who reject it shall not only be deprived of guidance and blessing but will also find it as a testimony against themselves on the Day of Resurrection when Allah’s Messenger will stand up to testify against them. This Book will prove to be a strong argument against them. For Allah’s Messenger will say that he had conveyed its message which made manifest the distinction between truth and falsehood.
2.1. EXAMPLES HUMAN RIGHTS IN ISLAM
When we speak of human rights in Islam we really mean that these rights have been granted by God; they have not been granted by any king or by any legislative assembly. The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are conferred. The same is the case with the rights accepted and recognized by the dictators. They can confer them when they please and withdraw them when they wish; and they can openly violate them when they like. But since in Islam human rights have been conferred by God, no legislative assembly in the world, or any government on earth has the right or authority to make any amendment or change in the rights conferred by God. No one has the right to abrogate them or withdraw them. Nor are they the basic human rights which are conferred on paper for the sake of show and exhibition and denied in actual life when the show is over. Nor are they like philosophical concepts which have no sanctions behind them.
The charter and the proclamations and the resolutions of the United Nations cannot be compared with the rights sanctioned by God; because the former is not applicable to anybody while the latter is applicable to every believer. They are a part and parcel of the Islamic Faith. Every Muslim or administrators who claim themselves to be Muslims will have to accept, recognize and enforce them. If they fail to enforce them, and start denying the rights that have been guaranteed by God or make amendments and changes in them, or practically violate them while paying lip-service to them, the verdict of the Holy Quran for such governments is clear and unequivocal:
Those who do not judge by what God has sent down are the disbelievers (kafirun).[13]
The following verse also proclaims: "They are the wrong-doers (zalimun)"[14] while a third verse in the same chapter says: "They are the evil-livers (fasiqun)"[15]. In other words this means that if the temporal authorities regard their own words and decisions to be right and those given by God as wrong they are disbelievers. If on the other hand they regard God's commands as right but wittingly reject them and enforce their own decisions against God's, then they are the mischief-makers and the wrong-doers. Fasiq, the law-breaker,is the one who disregards the bond of allegiance, and zalim is he who works against the truth. Thus all those temporal authorities who claim to be Muslims and yet violate the rights sanctioned by God belong to one of these two categories, either they are the disbelievers or are the wrong- doers and mischief-makers. The rights which have been sanctioned by God are permanent, perpetual and eternal. They are not subject to any alterations or modifications, and there is no scope for any change or abrogation.
2.2. BASIC HUMAN RIGHTS IN ISLAM
The first thing that we find in Islam in this connection is that it lays down some rights for man as a human being. In other words it means that every man whether he belongs to this country or that, whether he is a believer or unbeliever, whether he lives in some forest or is found in some desert, whatever be the case, he has some basic human rights simply because he is a human being, which should be recognized by every Muslim. In fact it will be his duty to fulfil these obligations.[16]
2.2.1. The Right to Life
The first and the foremost basic right is the right to live and respect human life. The Holy Quran lays down that whosoever kills a human being without (any reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind.[17]
As far as the question of taking life in retaliation for murder or the question of punishment for spreading corruption on this earth is concerned, it can be decided only by a proper and competent court of law. If there is any war with any nation or country, it can be decided only by a properly established government. In any case, no human being has any right by himself to take human life in retaliation or for causing mischief on this earth. Therefore it is incumbent on every human being that under no circumstances should he be guilty of taking a human life. If anyone has murdered a human being, it is as if he has slain the entire human race. These instructions have been repeated in the Holy Quran in another verse saying:
“......Do not kill a soul which Allah has made sacred except through the due process of law ...” [18]
Here also homicide has been distinguished from destruction of life carried out in pursuit of justice. Only a proper and competent court will be able to decide whether or not an individual has forfeited his right to life by disregarding the right to life and peace of other human beings. The Prophet, may God's blessings be on him, has declared homicide as the greatest sin only next to polytheism. The Tradition of the Prophet reads: "The greatest sins are to associate something with God and to kill human beings." In all these verses of the Quran and the Traditions of the Prophet the word 'soul' (nafs) has been used in general terms without any distinction or particularization which might have lent itself to the elucidation that the persons belong- ing to one's nation, the citizens of one's country, the people of a particular race or religion should not be killed. The injunction applies to all human beings and the destruction of human life in itself has been prohibited.
'The Right to Life' has been given to man only by Islam. You will observe that the people who talk about human rights if they have ever mentioned them in their Constitutions or Declarations, then it is clearly implied in them that these rights are applicable only to their citizens or they have been framed for the white race alone. This can clearly be gleaned by the fact that human beings were hunted down like animals in Australia and the land was cleared of the aborigines for the white man. Similarly the aboriginal population of America was systematically destroyed and the Red Indians who somehow survived this genocide were confined to specified areas called Reservations. They also penetrated into Africa and hunted down human beings like wild animals. All these instances go to prove that they have no respect for human life as such and if they have, it is only on the basis of their nationality, colour or race. Contrary to this, Islam recognizes this right for all human beings. If a man belongs to a primitive or savage tribe, even then Islam regards him as a human being.[19]
2.2.2. The Right to the Safety of Life
Immediately after the verse of the Holy Quran which has been mentioned in connection with the right to life, God says:
"And whoever saves a life it is as though he had saved the lives of all mankind"[20].
There can be several forms of saving man from death. A man may be ill or wounded, irrespective of his nationality, race or colour. If you know that he is in need of your help, then it is your duty that you should arrange for his treatment for disease or wound. If he is dying of starvation, then it is your duty to feed him so that he can ward off death. If he is drowning or his life is at stake, then it is your duty to save him. You will be surprised to hear that the Talmud, the religious book of the Jews, contains a verse of similar nature, but records it in altogether different form. It says: "Whoever destroyed a life of the Israelite, in the eyes of the Scripture, it is as if he destroyed the whole world. And whoever protected and saved one life of the Israelite, in the light of the Scripture, it is as if he saved the whole world." Talmud also contains the view that if a non-Israelite is drowning and you tried to save him then you are a sinner. Can it be given a name other than racialism? We regard it as our duty to save every human life, because it is thus that we have been enjoined in the Holy Quran. On the other hand, if they regard it necessary to save the life of a human being at all, it should be the life of an Israelite. As far as other people are concerned, according to this view, they do not seem to be human enough to deserve protection of their persons. In their literature the concept of 'Goyim' for which the English word 'Gentile' and the Arabic word ummi (illiterate) is used, is that they enjoy no human rights; human rights are reserved only for the children of Israel. The Quran has mentioned this belief of the Israelites and quotes the Jews saying: "There is no blame on us (for anything we may do) with regard to the unlettered folk (i.e. the ummi)".[21]
2.2.3. Respect for the Chastity of Women
The third important thing that we find in the Charter of Human Rights granted by Islam is that a woman's chastity has to be respected and protected under all circumstances, whether she belongs to our own nation or to the nation of an enemy, whether we find her in the wild forest or in a conquered city; whether she is our co-religionist or belongs to some other religion or has no religion at all. A Muslim cannot outrage her under any circumstances. All promiscuous relation- ship has been forbidden to him, irrespective of the status or position of the woman, whether the woman is a willing or an unwilling partner to the act. The words of the Holy Quran in this respect are:
"Do not approach (the bounds of) adultery".[22]
Heavy punishment has been prescribed for this crime, and the order has not been qualified by any conditions. Since the violation of chastity of a woman is forbidden in Islam, a Muslim who perpetrates this crime cannot escape punishment whether he receives it in this world or in the Hereafter. This concept of sanctity of chastity and protection of women can be found nowhere else except in Islam. The armies of the Western powers need the daughters of their nation to satisfy their carnal appetites even in their own countries, and if they happen to occupy another country, the fate of its women folk can better be imagined than described. But the history of the Muslims, apart from a few lapses of the individuals here or there, has been free from this crime against womanhood. It has never happened that after the conquest of a foreign country the Muslim army has gone about raping the women of the conquered people, or in their own country, the government has arranged to provide prostitutes1for them. This is also a great blessing which the human race has received through Islam.
2.2.4. The Right to a Basic Standard of Life
Speaking about the economic rights the Holy Quran enjoins upon its followers:
“...And in their wealth there is acknowledged right for the needy and destitute....”[23]
The words of this injunction show that it is a categorical and un- qualified order. Furthermore this injunction was given in Makkah where there was no Muslim society in existence and where generally the Muslims had to come in contact with the population of the disbelievers. Therefore the clear meaning of this verse is that anyone who asks for help and anyone who is suffering from deprivation has a right in the property and wealth of the Muslims; irrespective of the fact whether he belongs to this nation or to that nation, to this country or to that country, to this race or to that race. If you are in a position to help and a needy person asks you for help or if you come to know that he is in need, then it is your duty to help him. God has established his right over you, which you have to honour as a Muslim.[24]
2.2.4. Individual's Right to Freedom
Islam has clearly and categorically forbidden the primitive practice of capturing a free man, to make him a slave or to sell him into slavery. On this point the clear and unequivocal words of the Prophet (S) are as follows:
"There are three categories of people against whom I shall myself be a plaintiff on the Day of Judgement. Of these three, one is he who enslaves a free man, then sells him and eats this money" (al-Bukhari and Ibn Majjah).
The words of this Tradition of the Prophet are also general, they have not been qualified or made applicable to a particular nation, race, country or followers of a particular religion. The Europeans take great pride in claiming that they abolished slavery from the world, though they had the decency to do so only in the middle of the last century. Before this, these Western powers had been raiding Africa on a very large scale, capturing their free men, putting them in bondage and transporting them to their new colonies. The treatment which they have meted out to these unfortunate people has been worse than the treatment given to animals. The books written by the Western people themselves bear testimony to this fact.
2.2.6. The Right to Justice
This is a very important and valuable right which Islam has given to man as a human being. The Holy Quran has laid down:
"Do not let your hatred of a people incite you to aggression".[25]
"And do not let ill-will towards any folk incite you so that you swerve from dealing justly. Be just; that is nearest to heedfulness".[26]
Stressing this point the Quran again says:
"You who believe stand steadfast before God as witness for (truth and) fairplay".[27]
This makes the point clear that Muslims have to be just not only with ordinary human beings but even with their enemies. In other words, the justice to which Islam invites her followers is not limited only to the citizens of their own country, or the people of their own tribe, nation or race, or the Muslim community as a whole, but it is meant for all the human beings of the world. Muslims therefore, cannot be unjust to anyone. Their permanent habit and character should be such that no man should ever fear injustice at their hands, and they should treat every human being everywhere with justice and fairness.
2.2.7. Equality of Human Beings
Islam not only recognizes absolute equality between men irrespective of any distinction of colour, race or nationality, but makes it an important and significant principle, a reality. The Almighty God has laid down in the Holy Quran:
"O mankind, we have created you from a male and female."
In other words all human beings are brothers to one another. They all are the descendants from one father and one mother.
"And we set you up as nations and tribes so that you may be able to recognize each other".[28]
This means that the division of human beings into nations, races, groups and tribes is for the sake of distinction, so that people of one race or tribe may meet and be acquainted with the people belonging to another race or tribe and cooperate with one another. This division of the human race is neither meant for one nation to take pride in its superiority over others nor is it meant for one nation to treat another with contempt or disgrace, or regard them as a mean and degraded race and usurp their rights.
"Indeed, the noblest among you before God are the most heedful of you".[29]
In other words the superiority of one man over another is only on the basis of God-consciousness, purity of character and high morals, and not on the basis of colour, race, language or nationality, and even this superiority based on piety and pure conduct does not justify that such people should play lord or assume airs of superiority over other human beings. Assuming airs of superiority is in itself a reprehensible vice which no God-fearing and pious man can ever dream of perpetrating. Nor does the righteous have more privileged rights over others, because this runs counter to human equality, which has been laid down in the beginning of this verse as a general principle. From the moral point of view, goodness and virtue is in all cases better than vice and evil.[30]
This has been exemplified by the Prophet in one of his sayings thus: "No Arab has any superiority over a non-Arab, nor does a non-Arab have any superiority over an Arab. Nor does a white man have any superiority over a black man, or the black man any superiority over the white man. You are all the children of Adam and Adam was created from clay." (al-Bayhaqi and al-Bazzaz).
In this manner Islam established equality for the entire human race and struck at the very root of all distinctions based on colour, race, language or nationality. According to Islam, God has given man this right of equality as a birth right. Therefore no man should be discriminated against on the ground of the colour of his skin, his place of birth, the race or the nation in which he was born. Malcolm X, the famous leader of African Negroes in America, who had launched a bitter struggle against the white people of America in order to win civil rights for his black compatriots, when he went to perform the pilgrimage, and saw how the Muslims of Asia, Africa, Europe, America and those of different races, languages and colours of skin, were wearing one dress and were hurrying towards God's House, the Ka'abah and offering prayers standing in one row and there was no distinction of any kind between them, then he realized that this was the solution to the problem of colour and race, and not what he had been trying to seek or achieve in America so far. Today, a number of non- Muslim thinkers, who are free from blind prejudice, openly admit that no other religion or way of life has solved this problem with the same degree of success with which Islam has done so.[31]
3.0. WAR AND PEACE IN ISLAM
The rules which have been framed by Islam to make war civilized and humane, are in the nature of law, because they are the injunctions of God and His Prophet which are followed by Muslims in all circumstances irrespective of the behaviour of the enemy.[32] Let us now find out what obligations Islam recognizes for an enemy.
3.1. The Rights of the Non-Combatants
Islam has first drawn a clear line of distinction between the combatants and the non-combatants of the enemy country. As far as the non-combatant population is concerned such as women, children, the old and the infirm, etc., the instructions of the Prophet are as follows:
"Do not kill any old person, any child or any woman" (Abu Dawud). "Do not kill the monks in monasteries" or "Do not kill the people who are sitting in places of worship" (Musnad of Ibn Hanbal).
During a war, the Prophet saw the corpse of a woman lying on the ground and observed:
"She was not fighting. How then she came to be killed?"
From this statement of the Prophet the exegetists and jurists have drawn the principle that those who are non-combatants should not be killed during or after the war.[33]
3.2. The Rights of the Combatants:
Now let us see what rights Islam has conferred on the combatants.
3.2.1. Torture with Fire
In the hadith there is a saying of the Prophet that: "Punishment by fire does not behove anyone except the Master of the Fire" (Abu Dawud). The injunction deduced from this saying is that the adversary should not be burnt alive.
3.2.2. Protection of the Wounded
The Prophet (S. A. W.) said:
"Do not attack a wounded person"
This means that the wounded soldiers, who are not fit to fight nor actually fighting, should not be attacked.
3.2.3. The Prisoner of War should not be stained
"No prisoner should be put to the sword"-a very clear and unequivocal instruction given by the Prophet (S).
3.2.4. No one should be tied to be killed
"The Prophet has prohibited the killing of anyone who is tied or is in captivity."[34]
3.2.5. No Looting and Destruction in the Enemy's Country
Muslims have also been instructed by the Prophet that if they should enter the enemy's territory, they should not indulge in pillage or plunder nor destroy the residential areas, nor touch the property of anyone except those who are fighting with them. It has been narrated in the hadith: "The Prophet has prohibited the believers from loot and plunder" (al-Bukhari; Abu Dawud). His injunction is:
"The loot is no more lawful than the carrion" (Abu Dawud).
Abu Bakr al-Siddiq used to instruct the soldiers while sending them to war,
"Do not destroy the villages and towns, do not spoil the cultivated fields and gardens, and do not slaughter the cattle."
The booty of war which is acquired from the battleground is altogether different from this. It consists of the wealth, provisions and equipment captured only from the camps and military headquarters of the combatant armies.[35]
3.2.6. Sanctity of Property
The Muslims have also been prohibited from taking anything from the general public of a conquered country without paying for it. If in a war the Muslim army occupies an area of the enemy country, and is encamped there, it does not have the right to use the things belonging to the people without their consent. If they need anything, they should purchase it from the local population or should obtain permission from the owners. Abu Bakr al-Siddiq, while instructing the Muslim armies being despatched to the battlefront would go to the extent of saying that Muslim soldiers should not even use the milk of the milch cattle without the permission of their owners.
3.2.7. Sanctity of a Dead Body
Islam has categorically prohibited its followers from disgracing or mutilating the corpses of their enemies as was practised in Arabia before the advent of Islam. It has been said in the hadith:
"The Prophet has prohibited us from mutilating the corpses of the enemies." (al- Bukhari; AbC Dawud).
The occasion on which this order was given is highly instructive. In the Battle of Uhud the disbelievers mutilated the bodies of the Muslims, who had fallen on the battlefield and sacrificed their lives for the sake of Islam, by cutting off their ears and noses, and threading them together to put round their necks as trophies of war. The abdomen of Hamzah, the uncle of the Prophet, was ripped open by Quraysh, his liver was taken out and chewed by Hind, the wife of Abu Sufyan, the leader of the Meccan army. The Muslims were naturally enraged by this horrible sight. But the Prophet asked his followers not to mete out similar treatment to the dead bodies of the enemies. This great example of forbearance and restraint is sufficient to convince any reasonable man who is not blinded by prejudice or bias, that Islam is really the religion sent down by the Creator of the universe, and that if human emotions had any admission in Islam, then this horrible sight on the battlefield of Uhud would have provoked the Prophet to order his followers to mutilate the bodies of their enemy in the same manner.[36]
3.2.8. Return of Corpses of the Enemy
In the Battle of Ahzab a very renowned and redoubtable warrior of the enemy was killed and his body fell down in the trench which the Muslims had dug for the defence of Medina. The unbelievers presented ten thousand dinars to the Prophet and requested that the dead body of their fallen warrior may be handed over to them. The Prophet replied "I do not sell dead bodies. You can take away the corpse of your fallen comrade."
4.0. EQUALITY BEFORE THE LAW
Islam gives its citizens the right to absolute and complete equality in the eyes of the law. As far as the Muslims are concerned, there are clear instructions in the Holy Quran and hadith that in their rights and obligations they are all equal:
"The believers are brothers (to each other)".[37]
"If they (disbelievers) repent and keep up prayer and pay the Ipoor-due, they are your brothers in faith".[38]
The Prophet has said that:
"The life and blood of Muslims are equally precious." (Abu Dawud; Ibn Majjah).
In another hadith he has said:
"The protection given by all Muslims is equal. Even an ordinary man of them can grant protection to any man." (al-Bukhari; Muslim; Abu Dawud).
In another more detailed Tradition of the Prophet, it has been said that those who accept the Oneness of God, believe in the Prophet- hood of His Messenger, give up primitive prejudices and join the Muslim community and brotherhood,
"then they have the same rights and obligations as other Muslims have" (al-Bukhari; al-Nisa'i).
Thus there is absolute equality between the new converts to Islam and the old followers of the Faith.
This religious brotherhood and the uniformity of their rights and obligations is the foundation of equality in Islamic society, in which the rights and obligations of any person are neither greater nor lesser in any way than the rights and obligations of other people. As far as the non- Muslim citizens of the Islamic State are concerned, the rule of Islamic Shari'ah (law) about them has been very well expressed by the Caliph 'Ali in these words:
"They have accepted our protection only because their lives may be like our lives and their properties like our properties" (Abu Dawud).
In other words, their (of the dhimmis) lives and properties are as sacred as the lives and properties of the Muslims. Discrimination of people into different classes was one of the greatest crimes that, according to the Quran, Pharaoh used to indulge in:
"He had divided his people into different classes and suppressed one group of them (at the cost of others)".[39]
5.0. THE SECURITY OF LIFE AND PROPERTY
In the address which the Prophet delivered on the occasion of the Farewell Hajj, he said:
"Your lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection."
God Almighty has laid down in the Holy Quran:
"Anyone who kills a believer deliberately will receive as his reward (a sentence) to live in Hell for ever. God will be angry with him and curse him, and prepare dreadful torment for him".[40]
The Prophet has also said about the dhimmis (the non-Muslim citizens of the Muslim State):
"One who kills a man under covenant (i.e. a dhimmi) will not even smell the fragrance of Paradise." (al-Bukhari and Abu Dawud).
Islam prohibits homicide but allows only one exception that the killing is done in the due process of law which the Quran refers to as bi al-haqq (with the truth). Therefore, a man can be killed only when the law demands it, and it is obvious that only a court of law can decide whether the execution is being carried out with justice or without justification. In case of war or insurrection a just and righteous government alone, which follows the Shari'ah or the Islamic Law, can decide whether a war is just or unjust, whether taking of a life is justified or not; and whether a person is a rebel or not and who can be sentenced to death as a punishment. These weighty decisions cannot be left in the hands of a court which has become heedless to God and is under the influence of the administration. A judiciary like this may cause miscarriage of justice. Nor can the crimes of state be justified on the authority of the Holy Quran or Traditions (hadith) when the state murders its citizens openly and secretly without any hesitation or on the slightest pretext, because they are opposed to its unjust policies and actions or criticize it for its misdeed, and also provides protection to its hired assassins who have been guilty of the heinous crime of murder of an innocent person resulting in the fact, that neither the police take any action against such criminals nor can any proof or witnesses against these criminals be produced in the courts of law. The very existence of such a government is a crime and none of the killings carried out by them can be called "execution for the sake of justice" in the phraseology of the Holy Quran.
Along with security of life, Islam has with equal clarity and definiteness conferred the right of security of ownership of property, as mentioned earlier with reference to the address of the Farewell Hajj. On the other hand, the Holy Quran goes so far as to declare that the taking of people's possessions or property is completely prohibited unless they are acquired by lawful means as permitted in the Laws of God. The Law of God categorically declares "Do not devour one another's wealth by false and illegal means".[41]
6.0. RECOMMENDATIONS
There is a need for further interdisciplinary research that bridges the gap between Islamic jurisprudence and international human rights law, particularly in areas where Islamic principles can complement or enhance modern human rights conventions. Scholars should explore the practical application of Sharia principles in the governance and legal systems of Muslim-majority countries, focusing on how Islamic human rights can be effectively integrated into modern legal frameworks. Future research should aim to engage with policymakers, religious scholars, and human rights activists to foster a broader understanding of how Islamic law can contribute to global peacebuilding and human rights protection.
7.0. CONCLUSION
There is no doubt that Islam is an encompassing religion that has the provisions touches every aspect of human life and also to tackle all human problems. This paper has examined the profound integration of religion and law within Islam, focusing on the Islamic legal system (Sharia) as a comprehensive framework that addresses human rights. Through a doctrinal research methodology, the paper highlighted the Quranic foundations of human rights, with an emphasis on the dignity, justice, equality, and mercy granted to all individuals by Allah. By examining the rights outlined in the Quran and Hadith, especially in relation to prisoners of war, this research contributes to the broader understanding of Islamic law’s relevance in the modern human rights discourse. The study identified a significant gap in current academic literature, particularly regarding the application and comparison of Islamic human rights principles with modern international human rights frameworks. While the Quran and Sharia provide detailed guidelines that transcend borders, races, and nationalities, these teachings are often overlooked or misunderstood in contemporary discussions. There is a need for further academic exploration into how Islamic law can offer valuable insights into the protection of human rights in various socio-political contexts, especially in Muslim-majority countries or regions where Sharia is implemented.
This paper contributes to knowledge by addressing this gap and offering a fresh perspective on the Islamic approach to human rights. It underscores the importance of revisiting Quranic principles to enhance the understanding of justice, mercy, and equality in the global human rights arena. Moreover, the research provides a comparative framework that challenges modern interpretations of human rights by proposing that Islamic legal traditions offer timeless solutions to contemporary issues such as the protection of marginalized groups and the promotion of societal harmony.
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[1] Esq., Department of Islamic and Sharia Law, Yobe State University, Damaturu, sbashirmohammed@gmail.com 08065155022
[2] Esq., Department of Public and Private Law, Yobe State University, Damaturu, sadiqusman93@gmail.com 08036016457
[3] Rahman Mohammad Mushfequr, ‘Islam: The Complete, Functional and Practical Guide to Life’ International Journal of Education, Culture and Society (2024) 9(3) 87-108.
[4] Kali Robinson, ‘Understanding Sharia: The Intersection of Islam and The Law’ Council of Foreign Relations 17th December 2021 <https://www.cfr.org/backgrounder/understanding-sharia-intersection-islam-and-law> Accessed 13th August 2025.
[5] Fauzi Fauzi, ‘Human Rights Children and Women Protection in The Verses of Al-Ahkam’ Jurnal Ushuluddin (2019) 27(1) 26.
[6] Mohammad Husnul Affan and Asep Awaludin, ‘The Concept of Humanity in the Perspective of Maqaṣid Al-Shari’ah’ Al-Ahkam Journal Ilmu Syari’ah dan Hukum (2023) 8(1) 59-68.
[7] Mushfequr, op. cit.
[8] Dr. Saleh Al-Aeyed, ‘The Right of Non-Muslims in Islam(Part 1 of 13): An Islamic Basis’ The Religion of Islam 21st August 2022 < https://www.islamreligion.com/articles/374/viewall/rights-of-non-muslims-in-islam-part-1> Accessed 13th August 2025.
[9]Surat An-Nahl 16:89
[10] Surat An-Nisa’i 4: 41
[11] Surat An-Nahl 16:89
[12] Tafseer Ibn Katheer, Surat An-Nahl 16:89
[13] Surat Alma;ida 5:44
[14] Surat Alma;ida 5:45
[15] Surat Alma;ida 5:47
[16] Allamah Abu al-'A'la “Human Rights In Islam” Mawdudial Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407
[17] Surat Alma’ida 5:32
[18] Surat Al-An’am 6:151
[19] Allamah Abu al-'A'la “Human Rights In Islam” Mawdudial Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407
[20] Surat Alma’ida 5:32
[21] Surat Ali-Imran 3:75.
[22] Surat Ai-Israel 17:32
[23] Surat Al-Qaf 51:19
[24] Allamah Abu al-'A'la “Human Rights In Islam” Mawdudial Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407
[25] Surat Al-Ma’ida 5:2.
[26] Surat Al-Ma’ida 5:8
[27] Surat Al-Nisa 4:135
[28] Surat Al-Hujrat 49:13
[29] Ibid.
[30] Allamah Abu al-'A'la “Human Rights In Islam” Mawdudial Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407
[31] Ibid.
[32] Allamah Abu al-'A'la “Human Rights In Islam” Mawdudial Tawhid Journal, vol. IV No. 3 Rajab-Ramadhan 1407
[33] Ibid.
[34] Ibid.
[35] Ibid.
[36] Ibid.
[37] Surat Alhujrat 49:10.
[38] Surat Al-Tauba 9:11
[39] Surat Alqasas 28:4
[40] Surat Al-Nisa’i 4:93
[41] Surat Al-Baqra 2:188