AS-SIRAAT AL-MUSTAQEEM

Contents

The Qurâ€™an and Human Rights

This is an abstract from my PHD research and should help people understand the concept of human rights in Islam. <ol> <li><a href="content_detail.php?id=14#1">Human Rights and Qur’an</a></li> <li><a href="content_detail.php?id=14#2">Western and Islamic Approach to Human Rights</a></li> <li><a href="content_detail.php?id=14#3">Basic Human Rights in the Qur’an & Comparison of Human Rights Act 1998</a></li> <li><a href="content_detail.php?id=14#4">Where do you find them in the Qur'an?</a></li> <li><a href="content_detail.php?id=14#5">Islam Versus Human Rights; Are they Compatible?</a></li> <li><a href="content_detail.php?id=14#6">Conclusion</a></li> </ol> <a id="A1" name="1"></a>Human rights and Qur’an The notion of human rights is a moral and to some extent political one. However, it will be seen that problems arise when human rights come into conflict with religious principles and thus, some Islamic States derogate from the International human rights. Human rights theory has to reconcile with religion. There is also an argument that human rights are universal on the assumption that Western liberal social democracies are able to accommodate this principle. The diversity in religion and cultures make it difficult to maintain human rights order in the world. Human rights theory is basically there to identify the rules that ought tobe observed when it comes to relations with other people. This begs the question of being reasonable and not all human beings are reasonable. We enter the territory of conflict or we can reason. So, in essence, the West argues that human rights are secular whereas Islamic approach involves more religiously rooted issues taking precedence. Mayer argues that human rights advocate might believe that the reference to Islamic criteria simply undermines the apparent commitment to the universality of human rights. There are some aspects in conflict with the Islamic State when it comes to freedom of religion and most have accepted that conflicts exist. So, human rights are not universal as different international regimes exist. Since Mawdudi in 1975, there has not been any thorough research papers or work done on Qur’anic human rights, other than Riffat Hassan who examined Mawdudi’s version and undertook a feminine perspective study and deficiencies found in male scholars interpretation.  In terms of Mawdudi analysis which is critical of the Western notion of human rights; yet the Western human rights emanated from Magna Carta; more recently the European Convention on Human Rights (ECHR) adopted in the UK into domestic law under the Human Rights Act 1998 on 2 October 2000.  Both Mawdudi and Hassan have not analysed nor carried out a combative study of examining Qur’anic human rights with International or European human rights. There is no research on comparative studies or even carrying out empirical studies of both systems to draw conclusions and/or analysis of the results in terms of the incompatibility gap. Mawdudi,<a name="_ftnref1" href="content_detail.php?id=14#_ftn1"> [1] </a>examines human rights and Islam; he criticizes ‘Western’ approach and claims that the West have a tendency to attribute every good thing to themselves and as a consequence the world is better off. However, he sets out ‘Islamic’ human rights notion based on the Qur’an and the Sunnah. He maintains that the political system of Islam has been based on three fundamental principles, tawheed (Unity of God); Risala (Prophethood) and Khalifah (Caliphate)<a name="_ftnref2" href="content_detail.php?id=14#_ftn2">[2] </a>. In this research, Riffat Hassan’s interpretation has also been analysed. <a style="mso-footnote-id: ftn3;" name="_ftnref3" href="content_detail.php?id=14#_ftn3">[3] </a>She maintains that to her the Qur’an is the Magna Carta of human freedom and that a large part of its concern is to free human beings all kinds of discrimination and she places emphasis on ijtihad, so, “move forward with the Qur’an”<a style="mso-footnote-id: ftn4;" name="_ftnref4" href="content_detail.php?id=14#_ftn4">[4] </a>. Riffat Hassan further states that as God is Sovereign and therefore, it is not for us to decide the aim and purpose of our existence or to prescribe the limits of our worldly authority nor is anyone else entitled to make these decisions for us. So, this right rests only with God who is the Creator. <a style="mso-footnote-id: ftn5;" name="_ftnref5" href="content_detail.php?id=14#_ftn5">[5] </a>In essence, she maintains that human rights are derived ONLY from God, that is, the Qur’an and not left open to ‘human minds’ to determine the parameters of human freedom. She reverts to God and the spiritual definition set in the Qur’an. The interpreters are men and there appears to be bias when dealing with women and hence, the discrimination witnessed in the Islamic world. She suggests for feminine reading of the Qur’an as did Amina Wadud-Mushin (a controversial female figure in the Islamic world). Hassan is right in so far, as gender inequality and justice is concerned. Kecia Ali, another feminist who wrote a book on feminist reflections on Qur’an, hadith and jurisprudence, she recognises that the Qur’an must be read through the lens of contemporary values and hadith is “the most crucial methodological issue for contemporary Muslim reformist thinkers,”<a style="mso-footnote-id: ftn6;" name="_ftnref6" href="content_detail.php?id=14#_ftn6">[6]</a> she uses classical Islamic law to rule out the requirement of the wife undertaking housework.  Although, I disagree with the solution of feminist reading could resolve this discrimination; on the contrary, it will inflame matters in the scholarly world of Islam. Already, there is plenty of evidence as to the hostile response for Amina Wudud-Muhsin conducting a feminist interpretation of the Qur’an. Hassan has raised some valid points in terms of conducting research through the Qur’an on equality between genders; she maintains that both Adam and Eve were created as separate human beings, and both had equal responsibilities in terms of accountability and when it came to sinning (eating from the forbidden tree). On this note, another feminist Nawal Al-Saadawi from Egypt remains critical of the Qur’anic verse stating that the story of repentence of Adam, and questions as if God has not forgiven Eve since then (Saadawi 1998:270). <a style="mso-footnote-id: ftn7;" name="_ftnref7" href="content_detail.php?id=14#_ftn7">[7]</a> She has allegations of apostasy and imprisoned for her own personal safety in Egypt. So, there is almost hardly any feminist interpretations of feminist issues in the discourse of gender inequality. Re-interpretation is the key as Ramadan promotes when referring to ‘reform’. I propose that there should be more female scholars to sit jointly with male scholars in order to eliminate gender inequality and/or justice. If this is not possible, then, at the very least women should be consulted as Ramadan suggests. There can be no consensus reached if there is no agreement mutually reached between both genders. It seems that generally, male scholars have very little regard to female contribution on a scholarly level and yet the Prophet’s wife, Aisha was the scholar of the scholar to in her time and men had no issue to consult her then.We appear to give very little or no regards to women’s rights ordained by God as per the Qur’an.  For example, women are often denied the rights of them retaining their maiden surname and like the West adopt their husband’s name; this is contrary to the right given in the Qur’an to preserve family lineage and then, they are denied the right to their share of the family inheritance and often, given to the male members. The notion of justice is fundamental in the Qur’an and there are endless verses on this, yet women are the discriminated on a level which statistically and by case study analysis is appalling. It is no wonder that the West is highly critical of Islam generally and the concept of human rights. As far as one can stretch their vision in the Islamic world, when it comes to human rights; there is appalling empirical evidence demonstrating the atrocities against Muslim women in terms of being raped, convicted of sexual offences, domestic violence and honour killings; we never get to hear about men being subjected to these. Men appear to enjoy a more favourable treatment when it comes to gender issues of having a degree of advantage. The Qur’an does not advocate this but having said this, even most Muslim women believe that they are not equal to men and men are believed to hold a higher status and advantage. This is where male scholars interpretation transmitted down to generations or the audience has brought their own biases and/or discrimination. The Qur’an is open to many interpretations but the early examples at the time of the revelation shows that there existed no such discrimination but rather human beings being liberated from slavery and women’s oppression removed. <a style="mso-footnote-id: ftn8;" name="_ftnref8" href="content_detail.php?id=14#_ftn8">[8]</a> Amina makes a substantial contribution on women’s part by observing that only men have ever interpreted for women and the deficiency the men’s interpretation has left in the text; more importantly, men only experience her from outside the centre of her own being and thus most men consider women to be extensions of men. <a style="mso-footnote-id: ftn9;" name="_ftnref9" href="content_detail.php?id=14#_ftn9">[9]</a> Good and evil are part of all created things and epistemological basis of this Qur’anic reading results in a more dynamic integration of both. <a style="mso-footnote-id: ftn10;" name="_ftnref10" href="content_detail.php?id=14#_ftn10">[10]</a> Having approached many translations, I must say that when it comes to female voice then this has not been promoted and hence the inequality and injustices arising. One of the most controversial verse is 4:34; women are expected to obey men (husbands) and physical force can be used and in 2:228 men have a degree above the women; these translations are from Ibn Jarir al-Tabari and Fakhr al-Din al-Razi . Qamaruddin critically examines these translations. <a style="mso-footnote-id: ftn11;" name="_ftnref11" href="content_detail.php?id=14#_ftn11">[11]</a> So the Qur’anic verses have a decisive and allegorical meaning. The hearts that have swerving, they follow allegorical part, so giving it their own interpretation and no one knows the meaning except God. We have already discussed the sources of shari’a law. Khalifah is a term used which means ‘representation’; that is, representative of God on this earth, so man is the representative (khalifah) of God on earth and any state established in accordance with this political theory is caliphate under the sovereignty of God. The authority of khalifah is bestowed on the entire group of people, the community as a whole, which is ready to fulfil the conditions of representation after subscribing to the principles of tawheed (Oneness of God) and Prophet-hood. Such a society carries the responsibility of the khalifah as a whole and each one of its individuals share the Divine khalifah. This is the point where democracy begins in Islam<a style="mso-footnote-id: ftn12;" name="_ftnref12" href="content_detail.php?id=14#_ftn12">[12]</a>. So this means that no one takes precedence over another or can deprive anyone else of his rights and powers. The agency for running the affairs of the State will be formed with these individuals, and the authority of the State will be formed with the will of these individuals, and the authority of the State only be an extension of the powers of the individuals delegated to it. Their opinion will be decisive in the formation of the government which will be run with their advice and in accordance with their wishes<a style="mso-footnote-id: ftn13;" name="_ftnref13" href="content_detail.php?id=14#_ftn13">[13]</a>. He argues that in the West, people are sovereign and in Islam sovereignty is vested in God.In the West, people make their own laws and in Islam, the laws (shari’a) given by God through the Prophet. In summary, Western Democracy is a kind of absolute authority which exercises its powers in a free and uncontrolled manner whereas Islamic democracy is subservient to the Divine law<a style="mso-footnote-id: ftn14;" name="_ftnref14" href="content_detail.php?id=14#_ftn14">[14]</a>. The main purpose behind the Islamic State is set out in the Qur’an: it is to establish, maintain and develop the virtues which God wishes human life to be enriched by and the prevention and eradication of those of those evils the presence of which in human life is utterly abhorrent to God. God wants to flourish in the life of His people and eliminate exploitation; injustice; and disorder. There is an outline of the moral system and the State is required to adhere to it at all costs. The political system has to be based on justice; truth and honesty<a style="mso-footnote-id: ftn15;" name="_ftnref15" href="content_detail.php?id=14#_ftn15">[15]</a>.  When examining, Islamic States, there is absenteeism of truth and honesty; this therefore, attracts corruption. Most Islamic States have been ruled by dictators and recently, there has been a kind of revolutionary movement across the Middle East to overthrow these dictators (contrary to the Shura principle in the Qur’an). If the basic principles of democracy cannot be grasped from the Qur’an, then how can a State even ensure the safe guard of human rights protection for its citizens? This is why, more research needs to be conducted on this area to eliminate the deficiencies in the system. One has to understand and be clear on the principles and Qur’anic guidance given. Denying the rights or not recognising them in itself is breaching the Qur’anic code given by God. There are certain fundamental rights such as no oppression, women respected, hungry to be fed, to be clothed, ill people to be treated. A Muslim ipso facto becomes the citizen of an Islamic State as soon as he sets his foot on its territory with the intent to live there and enjoys equal rights of citizenship along those who acquire its citizenship by birth. Citizenship has to be common among all the Islamic States that (may) exist in the world and a Muslim does not need a passport to enter or exit. However, this unfortunately, is not practised for numerous reasons such as the quality of life being improved, people living longer and the ever increasing population of the world. This means that people migrate to other places of the world so long as their human rights are secured and the West is actually commendable on this point! The reason being that there exists not just a greater awareness of individual rights but also, a fair system to protect the disadvantaged groups such as women and children based on truth and honesty. Furthermore, non-Muslims living in Islamic States have certain rights, life, property and honour of a non-Muslim is to be respected and protected exactly like that of a Muslim citizen. This means that non-Muslims are free to practice their own faith. They are entitled to propagate their religion and criticize Islam within certain limits laid down by law and decency<a style="mso-footnote-id: ftn16;" name="_ftnref16" href="content_detail.php?id=14#_ftn16">[16]</a>. In an Islamic State, the responsibility for the administration of the government is entrusted to a leader who may be compared to the President or the Prime Minister in a modern democratic State. The main criteria for electing such a leader are that he should command the confidence of the largest number of people in respect of his knowledge and grasp of the spirit of Islam and fear God. He should also possess the Islamic quality of leadership. A shura (Advisory Council) is also to be elected by the people for assisting and guiding the leader in the administration of the State. The leader can only retain office so long as he enjoys the confidence of his people. Every citizen will have the right to criticize the leader. The legislation will be restricted within the limits prescribed by the law of the shari’a. The Judiciary is not placed under the control of the executive; it derives its authority directly from the shari’a and is answerable to God. The judges appointed also have to observe the law of God in an impartial manner. Islam does not stand for any discrimination<a style="mso-footnote-id: ftn17;" name="_ftnref17" href="content_detail.php?id=14#_ftn17">[17]</a>. This, of course, is the perfect model but pragmatically this is not achieved. The world consists of various imperfect factors that make it difficult to achieve the so called desired just and equitable ‘equilibrium’ when it comes to dealing with gender or human beings discriminated. <a id="A2" name="2"></a>Western and Islamic Approach to Human Rights Now turning to Human rights; there are two approaches: Western and Islamic. The people in the West attribute the good has come out of the West and prior to this the world lived in ignorance. <a style="mso-footnote-id: ftn18;" name="_ftnref18" href="content_detail.php?id=14#_ftn18">[18]</a> The concept of basic human rights stems from the Magna Carta of Britain; though Magna Carta itself came into existence six hundred years after the advent of Islam. <a style="mso-footnote-id: ftn19;" name="_ftnref19" href="content_detail.php?id=14#_ftn19">[19]</a> Magna Carta was the first document to come into force on an English King by his subjects.<a style="mso-footnote-id: ftn20;" name="_ftnref20" href="content_detail.php?id=14#_ftn20">[20]</a> It was not until the end of eighteenth century evidence can be traced of practical proof of these concepts and in the US and French constitution. After this period, reference was made by other countries. It was contended at the time; rights given on paper were never given in reality to people. It was in on 10th December 1948 that United Nations made a Universal Declaration Human Rights (UDHR). The UN has no power to take action against these breaches and never has there been action taken against a country that breaches these rights or commits international crimes. <a style="mso-footnote-id: ftn21;" name="_ftnref21" href="content_detail.php?id=14#_ftn21">[21]</a> The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedom in Europe. <a style="mso-footnote-id: ftn22;" name="_ftnref22" href="content_detail.php?id=14#_ftn22">[22]</a> The UK has enshrined the UN human rights only a decade ago on 2 October 2000, The Human Rights Act 1998 and incorporated the rights under ECHR so it would appear to be a fairly new thing and even then in the area of law; many cases have had successful outcomes in the European Court simply because the UK has been found in breach of the human rights Convention. <a style="mso-footnote-id: ftn23;" name="_ftnref23" href="content_detail.php?id=14#_ftn23">[23]</a> The Islamic approach is that human rights have already been granted by God in the Qur’an, so they have not been granted by any king or legislative body. Since the human rights granted by God no one in this world has the authority to change them. These rights must be observed and any government violating these will be in breach and these cannot be abrogated<a style="mso-footnote-id: ftn24;" name="_ftnref24" href="content_detail.php?id=14#_ftn24">[24]</a>. <a id="A3" name="3"></a>Basic Human Rights in the Qur’an & Comparison of Human Rights Act 1998 The Human Rights Act 1998 in the UK incorporated the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the UK. <a id="A4" name="4"></a>Where do you find them in the Qur'an? <table style="width: 100%;" border="0" cellspacing="1" cellpadding="5" bgcolor="#cccccc"> <tbody> <tr> <td bgcolor="#ffffff"> Human Rights in the Qur’an </td> <td bgcolor="#ffffff"> Human Rights Act 1998 </td> </tr> <tr> <td bgcolor="#ffffff"> The Right to life (6:151,5:32); </td> <td bgcolor="#ffffff"> Article 2 - Right to life </td> </tr> <tr> <td bgcolor="#ffffff"> The Right to the Safety of Life (3:75); </td> <td bgcolor="#ffffff"> Article 3 - Prohibition of torture </td> </tr> <tr> <td bgcolor="#ffffff"> Respect for the Chastity of Women (33:72,2:30-34,17:32); </td> <td bgcolor="#ffffff"> Article 8 - Rights to respect for private and family life </td> </tr> <tr> <td bgcolor="#ffffff"> The Right to a Basic Standard of Life (51:12); </td> <td bgcolor="#ffffff"> </td> </tr> <tr> <td bgcolor="#ffffff"> Individual’s Right to Freedom (3:79, 47:4) (Hadith, Bukhari & Ibn Maja); </td> <td bgcolor="#ffffff"> Article 5 - Right to liberty and security </td> </tr> <tr> <td bgcolor="#ffffff"> The Right to Justice (5:2;5:8 and 4:135-136, 2:177, 24:2,53:38-39); </td> <td bgcolor="#ffffff"> Article 6 - Right to a fair trial </td> </tr> <tr> <td bgcolor="#ffffff"> Equality of Human Beings (49:13); </td> <td bgcolor="#ffffff"> Article 14 - Prohibition of discrimination </td> </tr> <tr> <td bgcolor="#ffffff"> The Right to Co-Operate and Not to Co-Operate (5:2). </td> <td bgcolor="#ffffff"> Article10- Freedom of expression </td> </tr> </tbody> </table> The above are examined in more detail below as they are derived from the Qur’an and granted by God. 1. The most important one is the right to live and respect for human life. The Qu’ran states: “Whosoever kills a human being (without any reason like) manslaughter, or corruption on earth, it is though he had killed all mankind”<a style="mso-footnote-id: ftn25;" name="_ftnref25" href="content_detail.php?id=14#_ftn25">[25]</a>. As far as the question of taking life is concerned for murder or question of punishment 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. This means that no human being has the right to take life in retaliation or for causing mischief on this earth. The Qur’an repeats the instructions: “Do not kill a soul which Allah has made sacred except through the due process of law”<a style="mso-footnote-id: ftn26;" name="_ftnref26" href="content_detail.php?id=14#_ftn26">[26]</a>. 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 Right to Life has been given to mankind only by Islam. It is noteworthy that the people who talk about human rights if they have ever mentioned them in their Constitution or Declarations, then it is clearly implied in them that these rights are applicable only to their citizens. Slavery existed in the US until the advent of the revolution movement in the West sweeping away throughout Europe. 2. The Qur’an states: “And whoever saves a life it is as though he had saved the lives of all mankind”. This implies several kinds of savings and the foremost is death; illness; medical treatment; feed the hungry; irrespective of race, colour, nationality, gender. On the contrary, the Talmud, the religious book of the Jewish faith contains the view that if a non-Israelite is drowning and you have tried to save him then you are a sinner; this implies a racial discrimination. However, the Qur’an makes it perfectly clear to save the life of every human being regardless<a style="mso-footnote-id: ftn27;" name="_ftnref27" href="content_detail.php?id=14#_ftn27">[27]</a>. The Qur’an has mentioned this belief and quoting the Jewish saying: “There is no blame on us (for anything we may do) with regard to the unlettered folk (i.e. the ummi)”<a style="mso-footnote-id: ftn28;" name="_ftnref28" href="content_detail.php?id=14#_ftn28">[28]</a>. 3. The most important thing found in the Charter of Human Rights granted by Islam is that a women’s chastity has to be respected and protected under all circumstances, whether she belongs to our own nation or to the nation of the enemy, whether she is a Muslim or a non-Muslim. All sexual relations is forbidden whether the woman is willing or unwilling. The Qur’an states: “Do no approach (the bounds) of adultery”<a style="mso-footnote-id: ftn29;" name="_ftnref29" href="content_detail.php?id=14#_ftn29">[29]</a>. There is serious punishment prescribed for this crime. The concept of sanctity of chastity and protection of women can be found nowhere else except in Islam. 4.The Qur’an states: “And in their wealth there is acknowledged right for the needy and destitute”<a style="mso-footnote-id: ftn30;" name="_ftnref30" href="content_detail.php?id=14#_ftn30">[30]</a>. This injunction was given in the City of Makkah when there were no Muslims around. Anyone who asks for help has a right in the property and wealth of a Muslim; irrespective of the fact whether he belongs to this nation or that nation. 5. Islam forbids the practice of capturing a free man and to make him a slave or sell into slavery. The Prophet has made it clear that three categories of people against whom he shall be a witness on the Day of Judgment: one who enslaves a free man, then sells him and eats this money. (Bukhari and Ibn Maja). Europe claims that they abolished slavery but it was not so long ago that Africans were captured as slaves. <a style="mso-footnote-id: ftn31;" name="_ftnref31" href="content_detail.php?id=14#_ftn31">[31]</a> Slavery existed in all times but the advent of Islam prohibited this and promoted the concept of equality and full individual freedom. However, the slavery system amongst Arabs was different to the Greek practices and Romans. A master in Judiac Law could even beat his slave to death. “And if a man smites his servant, or, his maid, with a rod, and he die under his hand; he shall be surely punished. Notwithstanding, if he [the slave] continues [to live] a day or two, he [the slave owner] shall not be punished: for [the slave] is his money [property].” [King James Version Exodus 21:20-21]. So, Jefferson Davison, the president of the Confederate States of America said: “Slavery was established by decree of Almighty God…it is sanctioned in the Bible, in both Testaments, from Genesis to Revelation…it has existed in all ages, has been found among the people of the highest civilisation….” <a style="mso-footnote-id: ftn32;" name="_ftnref32" href="content_detail.php?id=14#_ftn32">[32]</a> The Qur’an gave slaves established rights 4:36; the Prophet (PBUH) said on his death bed to guard your prayer and the rights of slaves (Mustadrak al-Haakim 4/409 no.8100). Islam followed two main methods to eliminate slavery from the Islamic society to avoid confusion in society. There were war captives or prisoners of war (47:4). The other was inherited slave born from slave parents. So, the slaves were encouraged to buy their own freedom from their master. This was done by way of paying compensation for the wrong committed, for example, killing of a person by mistake (4:92). It was also done when wives are divorved and should they wish to go back to then , they can free a slave before they touch each other (Dthihaar was a type of oath where a person used to say to his wife, ’You are unlawful to me like the back of mother’. A practice during the pre-Islamic era and Islam banned it.) (58:3). If an oath was broken, then it was done for expiation (5:89). If a fast is broken then again a slave can be freed or purchased to free one; or the more usual practice is to feed sixty hungry people or give charity (Bukhari, Hadith no. 1834). Liberating slaves was considered to be an act of charity (90:11-13). So, in essence laws were actually established to protect their rights and free them. Nowadays, very rarely does the notion of slavery exist. Nothing can be immediately eradicated but a gradual plan was employed. 6. Islam provides the right to Justice and the Qur’an states; “do not let your hatred of people incite you to aggression” (5:2) “and do not let ill-will towards any folk incite you so that you swerve from dealing justly. Dejust; that is nearest to heedfulness” (5:8). Stressing this point the Qur’an again says: “you who believe stand steadfast before God as witness for (truth) and fair play” (4:135).  This of course makes it 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 the followers is not limited only to the citizens of their own country, or to the people of their own tribe, nation or race, or the Muslim community as a whole, but it is meant for all mad-kind.  It means that Muslims must not be unjust to anyone.This further leads onto another important characteristic of a Muslim that no man should ever fear injustice at the hands of a Muslim and they should treat every human being everywhere with justice and fairness.<a style="mso-footnote-id: ftn33;" name="_ftnref33" href="content_detail.php?id=14#_ftn33"> [33] </a>The Judiciary is an independent system in the Islamic State to resolve all types of disputes. The system is set to ensure justice is established. The system follows the directives of the Qur’an and Sunnah. There are specific criteria for a Judiciary appointment. 7. Islam further promotes equality of human beings and this again has been highlighted in the Qur’an the Qur’an says: “O man-kind, we have created you from a male and female.”This means that all human beings are brothers to one another.They are all the descendents from one father and one mother.  “And we set you up as nations and tribes so that you may be able to recognise each other” (49:13).  Again this goes on to eliminate any discrimination between human beings whether a nation, race, group or a tribe.This means that the division of human race is neither meant for one nation to take pride nor superiority.  This means that there should be no discrimination whatsoever.“Indeed, the noblest among you before God are the most heedful of you” (49:13).  However, the only superiority a man has over another is only on the basis of God – conciseness, purity of character and high morals, and no on the basis of colour, race, language or nationality and even this is superiority based on piety and pure conduct does not justify that people should play Lords or assume superiority over other human begins.  This means that where people are more pious and righteous they do not have any superiority over each other except in the eyes of God when distinguishing from other but this Judgement is only preserved to God alone. Furthermore, the Prophet (PBUH) stated that “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 children of Adam, and Adam was created from clay” (Bayhaqui and Bazzaz). This means that the Qur’an established equality for the entire human race therefore no man should be discriminated against on the grounds of the colour of his skin, his place of birth, the race or the nation in which he was born<a style="mso-footnote-id: ftn34;" name="_ftnref34" href="content_detail.php?id=14#_ftn34">[34]</a>.  8. The Qur’an encourages the right to co-operate and not to co-operate in certain circumstances. The Qur’an states: “co-operate with one another for virtue and heedfulness and do not co-operate with one another for purpose of vice and aggression” (5:2).  This interprets to be the man who undertakes a righteous act, irrespective of what part of the world he is living has the right to expect support and active co-operation from the Muslims.  On the contrary, a person who perpetrates deeds of vice and aggression, even if he is our closest relation or neighbour, does not have the right to win our support and help in the name of race, country, language or nationality nor should he have the expectation that Muslims will co-operate with him or support him nor is it permissible for Muslims.<a style="mso-footnote-id: ftn35;" name="_ftnref35" href="content_detail.php?id=14#_ftn35">[35]</a> In addition to the above rights, there are further rights of citizens in an Islamic state and are treated separately because these are more extensive that the general human rights.These rights are as follows: <table style="width: 100%;" border="0" cellspacing="1" cellpadding="5" bgcolor="#cccccc"> <tbody> <tr> <td height="44" bgcolor="#ffffff"> Human Rights in the Qur’an </td> <td bgcolor="#ffffff"> Human Rights Act 1998 </td> </tr> <tr> <td bgcolor="#ffffff"> The security of life and property;(4:93) </td> <td bgcolor="#ffffff"> Article 2 and 5 </td> </tr> <tr> <td bgcolor="#ffffff"> Protection of honour;(49:11-12) </td> <td bgcolor="#ffffff"> Defamation laws protect this </td> </tr> <tr> <td bgcolor="#ffffff"> The sanctity and security of private life; (24:27) </td> <td bgcolor="#ffffff"> Article 8 - Respect for private life </td> </tr> <tr> <td bgcolor="#ffffff"> The security of personal freedom; (4:58) </td> <td bgcolor="#ffffff"> Article 9 - Freedom of thought </td> </tr> <tr> <td bgcolor="#ffffff"> The right to protest against tyranny;(4:148; 9:71;9:67;22:41)   </td> <td bgcolor="#ffffff"> Article 17 - Prohibition of abuse of rights </td> </tr> <tr> <td bgcolor="#ffffff"> Freedom of expression; (2:256; 29:46) </td> <td bgcolor="#ffffff"> Article 10- Freedom of expression </td> </tr> <tr> <td bgcolor="#ffffff"> Freedom of association; (3:104; 3:110) </td> <td bgcolor="#ffffff"> Article 11 - Freedom of assembly and association </td> </tr> <tr> <td bgcolor="#ffffff"> Freedom on conscious and conviction; (6:164) </td> <td bgcolor="#ffffff"> Article 9 - Freedom of thought, conscience </td> </tr> <tr> <td bgcolor="#ffffff"> Protection of religious sentiments </td> <td bgcolor="#ffffff"> Article 9- Freedom of thought and religion </td> </tr> <tr> <td bgcolor="#ffffff"> Protection from arbitrary imprisonment; (6:164) </td> <td bgcolor="#ffffff"> Article 5 - Right to liberty and security </td> </tr> <tr> <td bgcolor="#ffffff"> The right to basic necessities of life;(51:19) </td> <td bgcolor="#ffffff"> </td> </tr> <tr> <td bgcolor="#ffffff"> Equality before law; (49:10; 9:11; 28:4) </td> <td bgcolor="#ffffff"> Article 14 - Prohibition of discrimination </td> </tr> <tr> <td bgcolor="#ffffff"> Rulers not above the law; (Prophet’s teaching) </td> <td bgcolor="#ffffff"> Article 17 - Prohibition of abuse of rights </td> </tr> <tr> <td bgcolor="#ffffff"> The right to avoid sin; (Musnad of Ibn Hanbal) </td> <td bgcolor="#ffffff"> </td> </tr> <tr> <td bgcolor="#ffffff"> The right to participate in the affairs of state; (42: 38) </td> <td bgcolor="#ffffff"> PART II, First Protocol - Art 3 right to free Election </td> </tr> <tr> <td bgcolor="#ffffff"> Right to Privacy(24:27-28, 53, 49:12) </td> <td bgcolor="#ffffff"> </td> </tr> <tr> <td bgcolor="#ffffff"> Right to Acquire Knowledge (96:1-5, 39:9, 20:114) </td> <td bgcolor="#ffffff"> PART II, First Protocol - Art 2 right to education </td> </tr> <tr> <td height="54" bgcolor="#ffffff"> Human Rights in the Qur’an </td> <td bgcolor="#ffffff"> Human Rights Act 1998 </td> </tr> <tr> <td bgcolor="#ffffff"> Right to Sustenance (11:6, 6:165, 67:15) </td> <td bgcolor="#ffffff"> </td> </tr> <tr> <td bgcolor="#ffffff"> Right to Work (4:32) </td> <td bgcolor="#ffffff"> Article 4 - Prohibition of slavery and forced labour </td> </tr> <tr> <td bgcolor="#ffffff"> Right to ‘The Good Life’ (2:229; 3:17,77; 5:1; 42-48; 9:17; 17:34; 67:15) </td> <td bgcolor="#ffffff"> </td> </tr> </tbody> </table> It can be seen that human rights existed in Islam and emanated from the Qur’an; the difficulty is that there has not been much work carried out to codify them to a similar standard such as the European Convention on human rights and the Human Rights Act 1998. The actual notion of human rights is not new but and hence the Western critics and even some Muslims are not aware of having been granted human rights in the Qur’an. Although, some argue that human rights and Islam portray an apologetic behaviour and human rights is a fairly modern phenomenon and rests on individual rights, universality and responsibilites/rights. One of the controversial thinkers, Taha who was executed for apostasy in Sudan and has triggered a different school of thought being followed by Abdullahi Na’im on the human rights issue; he argues that the concept of human rights raises questions of cultural legitimacy and thus conflicts between religion and secularism. He further argues that most Muslims believe that shari’a is divine and it discriminates against women and non-Muslims, thus, it is not in conformity with International human rights law. I disagree on the basis that Qur’an is predominantly been interpreted by male scholars and the reader’s bias enters into the equation and thus, bringing inequality and discrimination. The shari’a is not divine and has aspects of man-made interpretations as we have already seen from the sources of shari’a law. An-Na’im seeks a middle path between traditional Islam, which is incompatible with human rights and secularism which is incompatible with Islam. <a style="mso-footnote-id: ftn36;" name="_ftnref36" href="content_detail.php?id=14#_ftn36">[36] </a>He does this by making reference to the Makkan period and Medinan period revelations of the Qur’an. He maintains that the Qur’an must adapt to modern political conditions and it can being equality between genders and remove discrimination against non-Muslims and the Qur‘anic human rights would conform with international standard <a style="mso-footnote-id: ftn37;" name="_ftnref37" href="content_detail.php?id=14#_ftn37">[37] </a>although, my understanding of the Qur’anic verses is that there is no discrimination against non-Muslims and, in particular, there are many verses that support this.An-Na’im is discussed in the latter part of this chapter on how incompatibility of shari’a with international human rights. An’Na’im maintains that the Qur’an and Sunnah reveal two stages in the message of the Islam and it emphasizes the dignity of all human beings, regardless of gender, religious belief or race. The Medinah phase; this message was considered to be too advanced and therefore, it was suspended until appropriate circumstance would emerge. He claims that the present time is best for this now.  I disagree on this point, as the Medinan chapters are imperative to providing guidelines on personal law adherence and the Makkan chapters are related to oneness of God.  If the Medinan chapters are not utilised then, today, we would struggle to make reference to the precedents set in those times. He probably is trying to advocate the applicability of the Qur’an through modern times as do other modern scholars calling for a new re-reading of the scriptures but to say Medinan chapters were void at the time of revelation may be considered blasphemy by some and others may totally disagree with this approach. This is considered to be diatopical hermeneutics approach and different from Orientalism. <a style="mso-footnote-id: ftn38;" name="_ftnref38" href="content_detail.php?id=14#_ftn38">[38]</a> The root cause of the problem the interpretation and understandings of the scriptures; one has to acknowledge that none of these interpreters have been around at the time of the revelations and more importantly, they are looking at the scriptures through the lens of historical interpreters who never had the first-hand experience of modern time problems. The Qur’an is not to change but it is the minds that approach and interpret need to reflect and factor in the variables of modern time conditions to get a clearer picture, so this calls for both male and female scholars to sit at the table and come up with solutions to modern times. Some Islamic States derogate from the UDHR, if it conflicts with freedom of religion or speech. The critics of UDHR consider that these rights are contrary to Islam as Qur’an stresses the importance of responsibilities; the rights of God and people. Thus, this is apologetic approach as it attempts to argue that the notion of human rights existed long before UDHR or even the Magna Carta. Critics of the Qur’anic human rights maintain that they are instructions rather than rights. <a style="mso-footnote-id: ftn39;" name="_ftnref39" href="content_detail.php?id=14#_ftn39">[39]</a>  There has been an attempt to set up legislation equivalent to Western UDHR legislation; Universal Islamic Declaration of Human Rights of 1981 (UIDHR) published under the Islamic Council of Europe (this is mainly based on Mawdudi‘s concept of human rights). UIDHR is highly religious and Mayer (1999:161) identified differences between the two versions. An example of this is in its Article 12 (a) on the ’Right to Freedom of Belief, Thought and Speech’ says: “Everyone may think, believe and express his ideas and beliefs without interference or opposition from anyone as long as he obeys the limits set by the shari’a. It is not permitted to spread falsehood or disseminate that which involves encouraging abomination or forsaking the Islamic community.”  The standard set in UIDHR in this case go well beyond the norm of public safety and public moral. So, what may appear as falsehood to one person may be the truth to another and a lot of the UIDHR needs revision in light of the Qur’an ’There shall be no compulsion in the religion’ (2:256). However, Egypt has taken account of this. there are reportedly more breaches of human rights in Islamic States. There is very little reference made to the primary sources <a style="mso-footnote-id: ftn40;" name="_ftnref40" href="content_detail.php?id=14#_ftn40">[40]</a> the Qur’an and Sunnah. Majority of the breaches are even against the Qur’an and Sunnah; so, in all fairness it can be said, that majority of the research is biased and not reflective at all; I will be discussing in the case studies some of the breaches that I have encountered which at the same time are contrary to the Qur’an and Sunnah, the problem is that the West have legislated human rights and these legislations have become the ’yardsitck’ to identifying breaches in law.  The Qur’an has documented these rights 1400 years and yet no one even makes reference to these rights; the  Muslim scholars and jurists have not elaborated on these rights to the extent the West has documented.  I personally, struggled to find any piece of legislation relating to this or even vast amount of literature on this subject, human rights are the most important rights given and recognised in the society. The Qur’an is promoting human rights in all chapters and all that is required to polish and perhaps re-define them in modern terminology and every individual should accquire a copy of this along with the Qur’an to help and understand what has been granted to them.However, it is the more recent scholars such as Ramadan have begun work on this so that there is a new understanding of the scriptures emerging to adapt to live in all times and for all nations. It would help if comparative survey/statistical studies of both West and Islamic human rights are produced to see the results and no doubt the Islamic States are likely to be in breach, simply because there is no element of time and effort invested in educating the people or even eradicating the breaches. Nisrine has done a restricted comparative analysis of shari ’a in Muslim States; she encountered problems of not being able to access documents and concluded that there were aspects of shari ’a in harmony and aspects that never touched the international standard due to cultural problems. <a style="mso-footnote-id: ftn41;" name="_ftnref41" href="content_detail.php?id=14#_ftn41">[41]</a> This is why the case studies in the latter part of this research will endeavour to conduct some sort of comparative analysis and see the extent to which the international and Qur’anic standards have been breached. Most Islamic States hasten to comment on their breaches and will counter-argue to produce evidence that they are in line with the Qur’anic standard. The underlying problem is that many scholars and mufti’s give fatwas and the general consensus is that it is down to those scholars or mufti’s as long as they sought their guidance. This gives rise to seriously question responsibility of an individual adhering to the Qur’an. Sadly, the vast number of interpretations make the task more complicated to reach a consensus on an agreed matter. There are some very important changes required before Islamic human rights will ever be recognised at the International footing. These changes require conformity to the Qur’anic interpretations in light of modern time problems faced today; at the same time, there must be some form of Islamic legislation enacted to prevent Islamic States from committing breaches as well as those by the International Human Rights legislation. If there is an International Islamic Convention on human rights; this will act as their ‘yardstick’ to prevent breaches against the Qur’anic and Sunnah injuctions. More importantly, it will help to align the Islamic human rights with the Western human rights. Thus, it could eradicate the injustices and inequities that are taking place at present. 1. The Prophet (PBUH) in his Farewell sermon said; “your lives and properties are forbidden to one another until you meet you Lord on the Day of resurrection.”  God has said in the Qur’an: “anyone who kills a believer deliberately will receive as his rewards (a sentence) to live in hell forever. God will be angry with him and curse him, and prepare dreadful torment for him” (4:93)<a style="mso-footnote-id: ftn42;" name="_ftnref42" href="content_detail.php?id=14#_ftn42">[42]</a>.  This means that Islam prohibits homicide but allows only one exception, that the killing is done in due process of law which the Qur’an refers to as bi’l-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 insurrection a just and righteous government alone, which follows the shari’a 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.In the USA, there is capital punishment for murder and to this end, there is very little critical assessment done or written about such systems, the reason being that it is never questioned; more recent examples of mis-justice being carried contrary to even the Western human rights and rule of law is the sentencing of Dr. Afia Siddiqi for 86 years in New York and the killing of Osama Bin Laden; the President of the USA makes a speech that justice has been done, yet he has never been tried in a Court of law at the International level, then how can justice be done, contrary to the rule of law. Dr. Siddiqi has been maltreated even if she were guilty, Yvonne Ridley, a British journalist has investigated and reported the matter, claims that had it not been for her efforts to free her from Baghram Prison in Afghanistan, she would have remained there and tortured. There is no justification for such torture and even after following the trial of Dr. Siddiqi, there are many unexplained flaws; then how can there be a universal claim for establishing human rights on one hand and yet discrimination and breaches on the other hand. It is therefore correct to say that only God should have full authority over these rights rather than mankind. In all honesty, I have never heard the USA or any Western country brought before the International Courts for committing breaches on human rights, let alone being penalised. There appears to be double-standards applied when the Western countries tend to complain about breaches by the Islamic States. The UK appears to conduct matters fairly to an extent, though breaches may take place but the legal system opts to be independent and free from political influences to some extent. Sometimes these weighty decisions cannot be left in the hands of a court which has become headless to God and is under the influence of the administration, i.e., a Judiciary like this may result in miscarriage justice.  Nor can the crimes of the State be justified on the authority of the Qur’an or hadith when the State murders its citizens openly and secretly without any hesitation or on the slightest pretext, as they are opposed to its unjust policies and actions or criticise it for its misdeed, and also provides protection to its hired assassins.  The law of God categorically declares “do not devour one another’s wealth by false and illegal means”<a style="mso-footnote-id: ftn43;" name="_ftnref43" href="content_detail.php?id=14#_ftn43">[43]</a>. This is a very important right which most Muslims appear to bypass whilst living in the UK and have disregard to UK Immigration and Criminal laws; in the field of immigration law, many immigrants have acquired false documents to live and work or use someone else’s identity document; as far as they are concerned, they are making a lawful living but the most important question for them to answer is this is contrary to the law of the land and Fraud Act 2006 and unless the law of the land interferes with their ability to practice their faith; it involves dishonesty and fraud, so, immediately it forfeit’s the lawful earnings element, thus, making those earnings unlawful. There is no excuse whatsoever, the second issues involves that if they are caught, they would be punished; yet, they are not worried about the punishment of the Hereafter, or being true and ’faithful’ to God, what about the punishment from God? Why are they not concerned about that? There are different levels of faith attained and when a wrong is being committed, at best, one who does not have a choice wants to find the easy and simple solution and yet; whatever has been decreed is destined to be acquired; the importance is how one acquires this wealth or earnings. So, one can steal or abide by the law and struggle to earn the harder way.  2. “You who believe, do not let one (set of) people make fun of another set. Do not defame one another.  Do not insult by using nicknames.  And do not back bite or speak ill of one another”<a style="mso-footnote-id: ftn44;" name="_ftnref44" href="content_detail.php?id=14#_ftn44">[44]</a>.  This is the law of Islam for the protection of honour which is indeed much superior to and better than the Western law of defamation.Normally in the West, for example in a case of defamation a person is required to prove that he or she is a person on honour and public esteem and during the interrogation he or she is subjected to the scrupulous attacks, accusations and innuendoes of the opponents to such an extent that he or she earns more disgrace than the attack on their own reputation against which he or she seeks justice.  In addition to this, one has to find the cost of pursuing such a law suit and more importantly produce witnesses to testify in the court therefore one cannot find that the law if fair and just, Islam declares blasphemy as a crime irrespective of the fact whether the accused is a man of honour or not and whether the words used for blasphemy have actually disgraced the victim and harmed his reputation in the eyes of the public. It has not been enshrined in the human rights law Convention or Act itself. Again, it would be very useful to enshrine this in Islamic Convention on human rights. 3. The Qur’an has laid down the injunction for the sanctity and security of private life; “do not spy on one another”<a style="mso-footnote-id: ftn45;" name="_ftnref45" href="content_detail.php?id=14#_ftn45">[45]</a>.  “Do not enter any houses except your own homes unless you are sure of their occupant’s consent”<a style="mso-footnote-id: ftn46;" name="_ftnref46" href="content_detail.php?id=14#_ftn46">[46]</a>. This is more to do with privacy laws. The Prophet (PBUH) has gone to the extent of instructing his followers that a man should not enter even his own house suddenly and should inform or indicate to the dwellers of the house that he is entering the house so that he may not see his mother, sister or daughter in a condition in which they would not like to be seen, nor he would himself like to see them in that condition.  4. Earlier it was mentioned that no human should be held as a slave and therefore the personal freedom is an extremely important right for every individual being.  This related to innocent people, if a citizen has been imprisoned and convicted of a crime then it is different matter.  However, to arrest a man on the basis of suspicion and then to imprison him is not permissible in Islam.  The Qur’an makes it very clear and says “whenever you judge between people, you should judge with (a sense) of justice”<a style="mso-footnote-id: ftn47;" name="_ftnref47" href="content_detail.php?id=14#_ftn47">[47]</a>. This mirrors Article 4 of the Human Rights Act 1998. The Prophet (PBUH) has also been asked by God: “I have been ordered to dispense justice between you”.This was the reason why the Caliph ‘Umar’ said “in Islam no one can be imprisoned except in pursuance of justice.” The words used here clearly indicate that justice means due process of law.What has been prohibited and condemned is that a man be arrested and imprisoned without proof of his guilt in an open court and without providing him an opportunity to defend himself against those charges. Critics argue that shari’a is incompatible with international and modern laws; the Qur’an gives instructions to the principle of Shura, so specialists and jurists can assist as the Qur’an gives no guidance to the mechanics of Shura. Islamic scholars allows to interpret the details of Shura to serve every age and place. What was applicable to one society can be made applicable to another with minor changes according to the needs of the time, hence the Qur’an is applicable to all generations and times. 5. The Qur’an clearly gives the right to protest against tyranny and says “God does not love evil talk in public unless it is by someone who has been injured thereby”<a style="mso-footnote-id: ftn48;" name="_ftnref48" href="content_detail.php?id=14#_ftn48">[48]</a>.  This means that God strongly condemns abusive language or strong words of condemnation, but the person who has been the victim of injustice or tyranny, God gives him the right to openly protest against the injury that has been done to him. This right is not limited only to individuals but they are general.  This could apply to an individual or a group of people. 6. Freedom of expression is thought to be a very important right according to Islam and it is only more recently been acknowledged by the West and hence enshrined the Un Human Rights Convention.The Qur’an says “they enjoin what is proper and forbid what is improper”<a style="mso-footnote-id: ftn49;" name="_ftnref49" href="content_detail.php?id=14#_ftn49">[49]</a>.  In contrast, describing the qualities of a hypocrite, the Qur’an mentions:“they bid what is improper and forbid what has been defined by God in the Qur’an as follows: if we give authority to these men on earth they will keep our prayers and offer welfare due, bid what is proper and forbid what is improper”<a style="mso-footnote-id: ftn50;" name="_ftnref50" href="content_detail.php?id=14#_ftn50">[50]</a>.  This obligation of inviting people to righteousness and forbidding them to adopt the paths of evil is incumbent on all true Muslims.If any government deprives its citizens of this right, and prevents them from performing this duty, then it is in direct conflict with the injunction of God. Now this should apply to those too such as Taha’s ideology and An’Naim for expressing different views and yet Taha was executed in Sudan for apostasy in 1986. These apostasy laws in some Islamic States conflict with the basic premise of freedom of thought! This in turn leads to believe that shari’a thus, is incompatible with International human rights. 7. The Qur’an says: “you are the best community which has been brought forth for mankind.  You command what is proper and forbid what is improper and you believe in God”<a style="mso-footnote-id: ftn51;" name="_ftnref51" href="content_detail.php?id=14#_ftn51">[51]</a>.  This means that it is the obligation and duty of the entire Muslim community that it should invite and enjoin people to righteousness and virtue and forbid them from doing evil.  If the entire Muslim community is not able to perform this duty then “let there be a community among you who will invite (people) to (do) good, command what is proper and forbid what is improper, those will be prosperous”<a style="mso-footnote-id: ftn52;" name="_ftnref52" href="content_detail.php?id=14#_ftn52">[52]</a>.  This clearly indicates that if the entire Muslim people collectively begin to neglect its obligations to invite people to goodness and forbid them from doing evil then it is absolutely essential that it should contain at least a group of people which may perform this obligation. There are many Islamic missionaries and people who are gaining knowledge and spreading the correct practices rather than cultural practices. 8. The Quran says: “there should be no cohesion in the matter of faith”<a style="mso-footnote-id: ftn53;" name="_ftnref53" href="content_detail.php?id=14#_ftn53">[53]</a>.  There is no compulsion in religion and Muslims are enjoined to invite people to embrace Islam and to advance arguments in favour of it, they are not asked to enforce this faith onto them.  No force or compulsion can be applied to accept Islam.  So everyone has a choice to do so.Anyone that does accept Islam then that particular person will be welcomes with equal rights and privileges in the community.But if any one does not accept Islam, Muslims will still have to recognise and respect his or her decision and no moral, social or political pressure will be exerted to change this particular person’s mind.Again, it applies to those people who have been victims of cohesion and prosecuted under apostasy laws. The State has made their own laws and justice sometimes is not carried out as per the Qur’anic code. The Qur’an states “those who reject Islam, then believe and again reject Islam, and go on increasing in disbelief, God will not forgive them nor guide them on the way.” (4:137). It is therefore, equated to treachery and any person who converts must research and study the faith carefully before accepting it. The rejection of faith threatens the entire system; the law for apostasy is equated with modern regimes of governments acting illegally and ultimately treason. However, the Prophet’s hadith states “ The blood of a Muslim may not be legally spilt other than three (instances): the married person commits adultery; a life for a life: and one who forsakes his religion (of Islam) and abandons the community.” <a style="mso-footnote-id: ftn54;" name="_ftnref54" href="content_detail.php?id=14#_ftn54">[54]</a> The logic behind this hadith is that rejecting Islam as a way of life implies that derogatory and malicious remarks will be spread about Islam.  9. The Quran says: “do not abuse those they appeal to instead of God”<a style="mso-footnote-id: ftn55;" name="_ftnref55" href="content_detail.php?id=14#_ftn55">[55]</a>.  This applies not only to idols and deities but they also apply to the leaders or national heroes.  If a group of people hold a conviction which according to you is wrong, and hold certain persons in high esteem which according to you is not deserved by them, then it will not be justified in Islam that you use abusive language for them and thus injure their feelings.Islam does not prohibit people from holding debate and discussion on religious matters but it warns that these discussions should be conducted in decency. “Do not argue with People of the Book unless it is in the politest manner”<a style="mso-footnote-id: ftn56;" name="_ftnref56" href="content_detail.php?id=14#_ftn56">[56]</a>.  This verse is not merely limited to the People of the Book but also applies with equal force to those following other faiths. It is very rare to see that these discussions can be held in a civil manner and without animosity and hatred being instilled into people’s heart. 10. The Qur’an says: “no bearer of burdens shall be made to bear the burden of another”<a style="mso-footnote-id: ftn57;" name="_ftnref57" href="content_detail.php?id=14#_ftn57">[57]</a>.  There is a personal responsibility of our acts, and these consequences of our actions cannot be transferred to someone else.In other words this means that every person is responsible for their own actions.  If another person has not shared this action then he or she cannot be held responsible for it, nor can he be arrested.  11. The Qur’an says: “and in their wealth there is acknowledged right for the needy and destitute”<a style="mso-footnote-id: ftn58;" name="_ftnref58" href="content_detail.php?id=14#_ftn58">[58]</a>. This means that there is a right to every man who asks for assistance in the wealth of the Muslims, but also if a Muslim comes to know that a certain man is without the basic necessities of life, then irrespective of the fact whether he asks for assistance or not, it is his duty to reach him and give all the help that he can extend.For this purpose Islam does not only depend on the help and charity that is given voluntarily but it may sit compulsory (zakat) which is the third obligatory pillar of Islam. <a style="mso-footnote-id: ftn59;" name="_ftnref59" href="content_detail.php?id=14#_ftn59">[59]</a> 12.    The Qur’an states: “the believers are brothers (to each other)” (49:10).  “if the (disbelievers) prevent and repent and keep up prayer and pay the welfare due they are your brothers in faith” (9:11).The Prophet (PBUH) said “a life and blood of Muslims are equally precious” (Abu Dawud; Ibn Maja). “This means that the protection given by all Muslims are equal and even an ordinary man of them can grant protection to any man.” (Bukhari; Muslim: Abu Dawud).There is an absolute equality between the new converts to Islam and the old followers of the faith.  The religious brotherhood and the uniformity of their rights and obligations is the foundation of equality in Islamic society as far as the non-Muslims of the Islamic State are concerned, the rule of Shari’a law about them has been very well expressed “they have accepted our protection only because their lives may be like our lives and their properties like our properties”<a style="mso-footnote-id: ftn60;" name="_ftnref60" href="content_detail.php?id=14#_ftn60">[60]</a>. Some Orientalists or critics argue that Islam does not respect the rights of non-Muslims in Islamic states. Shari’a imposes a different obligation on non-Muslims but also entitled to what Muslims are when it comes to security, private property, religious rights and forbidden to fight with them if they do not oppress against your faith practices or drive you out of your homes (60:8). 13.    Islam makes it very clear that all people, all officials whether he be the head or ordinary employees are equal in the eyes of the law. None of them are above the law or can claim immunity.  Even an ordinary citizen in Islam has the right to put forward a claim or file a legal complaint against the highest executive of the country.The Caliph ‘Umar’ said “I have my self seen the Prophet (PBUH) may God’s blessing be upon him, taking revenge against himself (penalising himself for some short coming or failing).” A woman belonging to a high and noble family was arrested in connection with a theft the case was brought to the Prophet (PBUH) and it was recommended that she may be spared the punishment of theft.  The Prophet (PBUH) replied “the nations that lived before you were destroyed by God because they punished the common man for their offences and let their dignitaries go unpunished for their crimes; I swear by Him (God) who holds my life in His hand that even if Fatima, the daughter of the Prophet has committed this crime then I would have amputated her hand.” 14.    Every individual and citizen will not be ordered to commit a sin, crime or an offence; and if any government or the administrator, or the head of department orders an individual, ten he has a right to refuse to comply with the order.  His refusal to carry out such crime or unjust instructions would not be regarded as an offence in the eyes of shari’a law. On the contrary giving orders to one’s subordinates to commit a sin or do a wrong is itself an offence and such a serious offence that the officer that gives this sinful order whatever his rank and position may be, is liable to be summarily dismissed.These clear instructions of the Prophet (PBUH) are summarised in Hadith; “it is not permissible do disobey God in obedience to the orders of any human being” (Musnad of Ibn Hanbal).In other words no one has the right to order his subordinates to do anything against the laws of God.If such an order if given the subordinate has the right to ignore it or openly refuse to carry out such instructions. 15.    The Qur’an says: “God has promised to point those of you who believe and do good deeds as (His) representatives on earth” (24:55). This clearly indicates that Khalifah is a collective gift of God in which the right of every individual Muslim is neither more or less than the right of any other person.  The correct method recommended by the Qur’an for running the affairs of the State is as follows:  “and their business (conducted) through consultation among themselves”<a style="mso-footnote-id: ftn61;" name="_ftnref61" href="content_detail.php?id=14#_ftn61">[61]</a>.  According to this principle it is the right of every Muslim that either he should have a direct say in the affairs of the State or a representative chosen by him and other Muslims should participate in the consultation of the state.Islam, under no circumstance, permits or tolerates that an individual or a group or party of individuals may deprive the common Muslims of their rights, and similarly Islam does not regard it right and proper that an individual may put up a false show of setting up a legislative assembly by means of underhand tactics such as fraud, persecution, bribery etc.  The creator who has entrusted the Muslims to rule on this earth on His behalf and has prescribed the procedure of an assembly for exercising these powers. The shura or the legislative assembly has no other meaning except that: <ol> <li>The executive head of the government and member of the assembly should be elected by free and independent choice of the people.</li> <li>The people and their representatives should have the right to criticise and freely express their opinions.</li> <li>The real conditions of the country should be brought before the people without suppressing any facts so that they may be able to form their opinion about whether the government is working properly or not.</li> <li>There should be adequate guarantee that only those people who have the support of the masses should rule over the country and those who fail to win the support should be removed from their position of authority.</li> </ol> 16.  The Qur’an recognises the need for privacy and lays down riles for protecting an individual’s life in the home from undue intrusion from within or without.<a style="mso-footnote-id: ftn62;" name="_ftnref62" href="content_detail.php?id=14#_ftn62">[62]</a> 17.  The Qur’an puts the highest emphasis on the importance of acquiring knowledge.  Knowledge has been at the core of the Islamic world from the very beginning is attested to the Chapter 96: Al-‘Alaq: verses 1-5, which Muslims believe to be the first revelation received by the Prophet Muhammad (PBUH)<a style="mso-footnote-id: ftn63;" name="_ftnref63" href="content_detail.php?id=14#_ftn63">[63]</a> Asking rhetorically if those without knowledge can be equal to those with knowledge <a style="mso-footnote-id: ftn64;" name="_ftnref64" href="content_detail.php?id=14#_ftn64">[64]</a>. The famous prayer of the Prophet Muhammad was “Allah grant me knowledge of the ultimate nature of things.” According to the Qur’anic perspective, knowledge is prerequisite for the creation of a just world in which authentic peace can prevail.  The Qur’an emphasizes the importance of the pursuit of leaning even at the time, and in the midst of war. <a style="mso-footnote-id: ftn65;" name="_ftnref65" href="content_detail.php?id=14#_ftn65">[65]</a> 18.    According to Qur’anic teaching, a Muslim’s ultimate loyalty must be to God and not to any territory.To fulfil his Prophetic mission, the Prophet Muhammad (PBUH) decided to leave his place of birth, Makkah, and emigrated to Medina.  This event (“Hijrah”) has great historical significance and spiritual significance for Muslims that are called upon to move away from their place or origin if it becomes an abode of evil and oppression where they cannot fulfil their obligation to God to establish justice. 19.    As pointed out by Chapter, Hud 11:6, every living creature depends for its sustenance upon God.A cardinal concept of the Qur’an which underlies the socio-economic political system of Islam is that the ownership of everything belongs not to any one person, but to God.  Since God is the universal creator, every creature has the right to partake of what belongs to God<a style="mso-footnote-id: ftn66;" name="_ftnref66" href="content_detail.php?id=14#_ftn66">[66]</a>.  This means that every human being has the right to a means of living and that those who hold economic or political power do not have the right to deprive others of basic necessities of life by mis-appropriating or misusing resources which have been created by God for the benefit of humanity in general. 20.  According to Qur’anic teaching every man and woman has the right to work, whether the work consists of gainful employment or voluntary service.  The fruits of labour belong to the one who has worked for them – regardless of whether it is a man or a woman.  As Chapter (Women) 4: An-Nisa: 32 states: “to men is allotted what they earn, and to women what they earn.” 21.    The Qur’an upholds the right of the human being not only to life but to ‘the good life.’  This good life made up of many elements, becomes possible when a human being is living in a just environment.  According to Qur’anic teaching, justice is a prerequisite for peace, and peace is a prerequisite for human development. In so far as the rights of the enemies are concerned, the Qur’an goes on to state about the rights of the enemies especially during war times.  The West only became aware of this concept for the first time through the works of 17th century thinker, Grotiurs.The actual implementation of the international law in war began in the middle of the 19th century.Prior to this, there was no concept of civilised behaviour in war found in the West.  A lot of the treatment that the enemies were subjected to was barbaric and inhumane torture. The UN Human Rights Convention came into play after it recognised the need for protection of such people. <a style="mso-footnote-id: ftn67;" name="_ftnref67" href="content_detail.php?id=14#_ftn67">[67]</a> One would have to acknowledge the author of the Jewish faith Book and the Christian faith Book happens to be the same as the Qur’an, which is God.  However the difference between the old Scriptures and the Qur’an is that the Qur’an still in this time remains to be in the preserved unaltered Word of God. The Prophet (PBUH) gave clear injunctions on how to deal with the non-combatant population such as women, children, old people and the instructions were as follows:“do not kill any old person, any child or any woman” (Abu Dawud). “Do not kill the monks in the monasteries” or “do not kill the people who are sitting in places of worship”<a style="mso-footnote-id: ftn68;" name="_ftnref68" href="content_detail.php?id=14#_ftn68">[68]</a>.  Some of these rights have been preserved as follows;- <ol> <li>There must be no torture with fire;</li> <li>There should not be any attack on the wounded person;</li> <li>There should be no prisoner put to the sword;</li> <li>There should be no tying to be killed on in captivity;</li> <li>There should be no looting, or destruction in the enemy’s country;</li> <li>There is compete prohibition from taking anything from the general public of a conquered country without paying for it;</li> <li>There is complete prohibition from disgracing or mutilating the corpses of their enemies as    was practiced in Arabia before the advent of Islam.In particular during the battle of Uhud the disbelievers mutilated the bodies of the Muslims who had fallen on the battle field 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 or war. The abdomen of Hamza the uncle of the Prophet was ripped open by Quraysh his liver was taken out and chewed by Hinda, the wife of Abu Sufiyan, the leader of Makkan army.</li> <li>As a matter of rule, corpse bodies should be returned to the enemy;</li> <li>There is complete prohibition of breach of Treaties has been repeated in the Qur’an and the hadith, there are particular rules about the declaration of war and the Qur’an says: “if you apprehend breach of treaty from a people then openly throw he treaty at their faces”<a style="mso-footnote-id: ftn69;" name="_ftnref69" href="content_detail.php?id=14#_ftn69">[69]</a>.  The Muslims are prohibited from opening hostilities against their enemies without properly declaring war against them, unless of course, the adversary has already stated aggression against them. </li> </ol> Some of the critics of shari’a and Qur’anic human rights argue that the hudood punishments are cruel and are serious violations of human rights internationally. Once the shari’a system is assessed and in particular, the criteria, then one understands that the burden of proof is very hard to meet and very rarely met in the Prophet’s time. The modern system imposes long-term prison sentences but this has a very severe detrimental affect on the overall reduction in crime and the huge cost of the prisons. In a just and equitable society, if certain conditions are met, then the shari’a punishments can be imposed but as Ramadan says a moratorium should be imposed. The most serious crimes are punishable by death penalty and to deter the society overall. The present situation in most Islamic states very rarely follow or carry out justice. So, these punishments should be removed until a fair system can be established. The whole purpose is to ensure justice; the critics fail to discuss the conditions in which these punishments cannot be applied specially when there is doubt and no concrete evidence. In murder cases, the law of equality applies (2:178). In robbery and theft cases (5:38), amputation of limbs is based on certain conditions and circumstances and likewise, in adultery cases (24:2) four witnesses are required to witness the penetration rather than seeing them cuddle or kiss or a confession. In slander cases, public flogging for those accusing of adultery (24:4), so the purpose is to protect the honour and reputation. <a id="A5" name="5"></a>Islam Versus Human Rights; Are they Compatible? The issue of compatibility has only arisen in recent years and there has been considerable amount of literature produced and critics examining that there is absolutely no compatibility when it comes to the Qur’an or shari’a law as has been recently ruled in the House of Lords and some cases that have gone to the European Court of Human Rights.It is important to undertake the study that the literature generated in the process of addressing this issue will soon realise that the task is exceedingly complex. It is actually far more easier to find critics of traditional shari’a law are united with this ardent advocates in denying any relationship between Islam and human rights. Most advocate that ‘human rights’ is a Western notion and one of the most controversial representative of the Western understanding of human rights is Samuel Huntington, he claims that democracy, liberalism, and political secularism all belong to the Western civilisation,<a style="mso-footnote-id: ftn70;" name="_ftnref70" href="content_detail.php?id=14#_ftn70">[70]</a> Huntington is convinced that universalism of human rights is bound to fail unless ‘Western’ notions and values are adopted and this is likely to result in problems in various cultures. Historically, shari’a law has been the subject of extensive discourse and critiqued by human rights scholars.Modern scholars examine human rights passed by contemporary Muslim authorities, concluding that these rights run far short of the protection provided by the International Human Rights enshrined in the Universal Declaration of Human Rights (UDHR). Most argue in the West today, that the application of shari’a law would lead, to serious breached of international human rights. More specifically, the application of shari’a law would lead to the erosion of religious freedom and to discrimination against women and non-Muslims. Heiner Bielefeld <a style="mso-footnote-id: ftn71;" name="_ftnref71" href="content_detail.php?id=14#_ftn71">[71]</a> echoes the concerns of Mayer regarding the capacity of the historical shari’a to provide for human rights protections, particularly for women and non-Muslims. <a style="mso-footnote-id: ftn72;" name="_ftnref72" href="content_detail.php?id=14#_ftn72">[72]</a> Her Women’s voice has not been articulated and nor a hermeneutic which embraced the places for ambiguity in discourse, faith, and resulted in social hegemonies like patriarchy in Muslim societies; this could be resolved by integrating female voice into Qur’anic hermeneutics and to move it into the centre of spirtual and practical considerations and thus, women’s voice could iron out the gender inequality and social injustice. Moreover, reference to the Cairo Declaration is made and it was only recently, the Egyptian revolution has ousted the Government; some of the atrocities committed were contrary to shari’a and this revolution has been sweeping across the Middle East and hence worthy of investigating the practices of these Muslim States purporting to rule by the shari’a. In respect amputation punishments, Most Muslim refer to a precedent enacted by the Caliph Umar who is said to have suspended amputation for theft in times of starvation. <a style="mso-footnote-id: ftn73;" name="_ftnref73" href="content_detail.php?id=14#_ftn73">[73]</a> Generally speaking, the corporal punishments should be imposed in a society that is, just and equitable, Ramadan speaks of certain conditions to be in place and the critics fail to mention this.Therefore, these should act as a deterrent and some propagate that it should not be part the Criminal Penal Code. Similarly, in respect of polygamy, the Qur’an prohibits it implicitly, the theoretical permission to marry more than one wife depends on the pre-requisite, which according to the Qur’an itself cannot be met: “Try as you may, you cannot treat all your wives impartially” <a style="mso-footnote-id: ftn74;" name="_ftnref74" href="content_detail.php?id=14#_ftn74">[74]</a> Qur’an. This is a good example that new readings of the Text can lead to gradual reforms without denying the validity claims of traditional shari’a in theory.  Modern Muslim intellects have called for a new reading of the Text, the Qur’an and Sunnah. Fazlur Rehman points to the progressive tendencies embodied in the original normative guidance of Islam, tendencies which later have been lost. He says, there is a need not to blindly or passively submit to given legalistic rules, but instead an active and responsible type of obedience which tries to capture the deeper meaning of the Qur’anic principles and apply them to the ever changing needs and circumstances of human society. <a style="mso-footnote-id: ftn75;" name="_ftnref75" href="content_detail.php?id=14#_ftn75">[75]</a> He says something very important, “...the actual Qur’an had partly to accept the then existing society as a term of reference. This clearly means that the actual legislation of the Qur’an cannot have been meant to be literally eternal by the Qur’an itself.” <a style="mso-footnote-id: ftn76;" name="_ftnref76" href="content_detail.php?id=14#_ftn76">[76]</a> An Egyptian judge, Muhammad Said al-Ashmawy, says that shari’a etymologically does not mean “law” or “jurisprudence;” it originally means something like “the path to the source in the desert”, which is a metaphor for religious and ethical guidance. Therefore, shari’a cannot be equated with traditional jurisprudence (fiqh); there must be clear division between revelations and historic jurisprudence, otherwise there is a danger of falling into polytheism, because the two should not be mixed. This means that it certainly brings to the table of discourse, historical criticisms and political reforms in line with democracy and human rights.<a style="mso-footnote-id: ftn77;" name="_ftnref77" href="content_detail.php?id=14#_ftn77">[77]</a> Most penetrating and systematic critique of traditional Shari’a is provided by Abdullahi An-Na’im in his Toward an Islamic Reformation<a style="mso-footnote-id: ftn78;" name="_ftnref78" href="content_detail.php?id=14#_ftn78">[78]</a> , An-Na’im discusses specific examples of violations of religious freedom by shari’a rules, and cites instances of discrimination against women and non-Muslims in the historical legal system as discussed above. <a style="mso-footnote-id: ftn79;" name="_ftnref79" href="content_detail.php?id=14#_ftn79">[79]</a>  So, in essence he calls for a new hermeneutic approach to the reading of the Qur’an, only a few share this methodology. <a style="mso-footnote-id: ftn80;" name="_ftnref80" href="content_detail.php?id=14#_ftn80">[80]</a> Norani Othman, a representative of the Malaysian “Sisters in Islam”, <a style="mso-footnote-id: ftn81;" name="_ftnref81" href="content_detail.php?id=14#_ftn81">[81]</a> She says, “we in the present have to read the texts in order to understand them at all; but in seeking to understand them we bring our own reading of those past texts the frameworks of understanding of our own time and place”.  However, unlike the previous critics of shari’a, An-Na’im realises the possibility and importance of evolving a human rights tradition from within the Islamic normative system, and wars against any external imposition. To do this, he calls for an Islamic reformation aimed at overcoming contradictions between international human rights and shari’a rules, and proposes a methodological approach based on what he calls “the evolution principle” introduced in the seventies by his late mentor, Mahmoud Muhammad Taha. According to this principle, the Makkan Qur’an embodies the internal principles of the Islamic revelation which emphasis human solidarity and established the principle of justice for all, regardless of religion, gender, or race.The Medinan Qur’an, however places, it is further argued, the solidarity of male Muslims above all others, thereby giving rise to discrimination against women and non-Muslims.For this reason, An-Na’im contends, one finds contradictions between the Makkan and Madinan Qur’an.While the Makkan Qur’an emphases freedom of religion and the peaceful co-existence between religions, the Medinan Qur’an exhorted Muslims to compel the unbelievers to accept Islam, and introduced measures that discriminate against women and against non-Muslims. Rightly recognising that classical jurists introduced the principle of abrogation (naskh) to discard early Qur’anic statements that appear to contradict later statements, An-Na’im calls for the application of reverse naskh, i.e., the abrogation of the Madinan, whenever it contradicts the Makkan. An-Na’im concludes that unless the basis of modern Islamic law is shifted away from those texts of the Qur’an and sunnah of the Medinan stage, which constituted the foundations of the constructions of shari’a there is no way of avoiding drastic and serious violation of universal standards of human rights.<a style="mso-footnote-id: ftn82;" name="_ftnref82" href="content_detail.php?id=14#_ftn82">[82]</a> An-Na’im’s proposal seems on its face value provide a quick fix to the contradictions between historical shari’a and international human rights.  However, the “evolutionary principle” eluded to earlier is not sustainable.It is contended as it can be easily faulted on both theoretical and practical grounds.First, since the Qur’an is considered by Muslims, as An-Na’im himself agrees, as divine revelations, one has to accept the totality of Qur’anic statements to be a single discourse.Therefore, one does not justifies in abrogating the Medinan verses altogether on the grounds that they address a particular historical society. Such a procedure would permit one to arrive at the same result without reverting to a wholesale rejection of one-third of the Qur’an. Secondly, negating the Medinan Qur’an would not be acceptable by the bulk of Muslims including those who agree with An-Na’im that there should be a fresh reading of the Islamic sources so as to effect a sweeping legal reform.For the Qur’anic statements revealed in Medinan do not only comment on family matters and relationships with non-Muslims, but also on issues relating to fundamental Islamic practices, such as the performance of prayer,  zakat, fasting, and hajj.  Thirdly, negating one-third of a book which the majority of Muslims consider to be incontrovertible is counterproductive, particularly when it can be shown, that the contradictions between the Makkan and Medinan statements on women and non-Muslims are more apparent than real, resulting from faulty interpretations by classical scholars as well as the application of atomistic methodologies of derivation. <a style="mso-footnote-id: ftn83;" name="_ftnref83" href="content_detail.php?id=14#_ftn83">[83]</a> What is required here is Professor Tariq Ramadan’s approach that the reform has to take place in the ‘self’ rather than the texts.The Qur’an as discussed above makes it very clear human rights and its further elaboration on the emphasis on protecting these rights. The majority of the critics of shari’a have used UDHR as the standard through which shari’a is evaluated and found to be incompatible with the Western human rights.  The reason for this is that UDHR is rooted in the political culture of Western society, and is informed by the philosophical outlook of Western liberalism, its application in other societies requires that the universal validity of its principles be made evident to other people, particularly those whose world views and historical experiences are different from the West. The West is rooted in international human rights, there appears to be a gap of theoretical foundation, practical ground for the universal claims.  It is a fundamental criteria that should be utilised to develop a human rights tradition, rooted in Islamic values and ethos, and capable of protecting the rights and promoting the interests of citizens, regardless of religion, gender, racial or national distinctions. Here the most important concept is dignity and the principle of reciprocity. The principle, central to all religions secular ethics, has been appropriated from Christian ethics by modern Western scholars and has been given a secular expression in Kant’s categorical imperative: “Act only on the maxim through which you can at the same time will that it become a universal law.” Similarly, the principle of reciprocity lies at the core of Islamic concept of justice.  The Qur’an gives injunctions that encourage the Muslims to reciprocate good for good and evil for evil. <a style="mso-footnote-id: ftn84;" name="_ftnref84" href="content_detail.php?id=14#_ftn84">[84]</a>It would appear that critics of the shari’a law have advanced the proposition that women and non-Muslims have not enjoined equal rights with Muslim men.  However, the evidence presented by the critics of shari’a is inconclusive as to whether the fault lines that separate Muslims and non-Muslims, as well as men and women, stem from intrinsic features of the shari’a sources themselves,  or whether they result from the failure to develop shari’a to cater to modern society or times.  It is therefore essential that before anyone goes onto study the possibilities of reform, to understand the reasons behind the contradictions cited by the critics, and to examine the nature of the methods and arguments used to justify and reconcile contradictions. On closer investigation of the shari’a rules developed by early jurists reveals three important facts that have eluded modern critics of shari’a.  The shari’a rules concerning particular issues have changed over time, pursuant with changes in the social and politician structures of Muslim society. Secondly, that the jurists have adopted varying positions regarding the rights of women and non-Muslims.These varying positions regarding the rights of women and non-Muslims.  These positions were influenced by culture, jurisprudence.Finally, the system of rights developed by classical Muslim jurists were far from being perfect, it is evident that the classical jurists recognise the intrinsic dignity of non-Muslims and women, even when they fail to provide a complete and comprehensive list of rights for its protection.  Earlier on, it was discussed that the process by which real reasoning is formulated in particular methods of legal analogy.In how the four schools of thought in Sunni relate legal reasoning. The methods such as juristic rules or Shari’a purposes aim at the asystamisation of shari’a rules by eliminating internal contradiction, and constitute what is referred to today as the maqasid approach.This approach provides a powerful tool for reforming the historical shari’a because it rejects the literal reading of the statements apart form their rationale and insists that those rationales cannot contradict the basic Islamic values.The Maqasid approach expounded by Shatibi can be summarised in he following points: <ol> <li>shari’a rules purport to promote human interests and according to Shari’a consists of a hierarchy of rules, whereby particular rules are sub summed under universal laws:</li> <li>General rules must be modified to accommodate – whenever possible – particular rules;</li> <li>Particular rules that contradict general rules should be rejected or ignored;</li> <li>The various rules and laws of shari’a aim at advancing 5 general purposes; the protection of religion, life, reason, property and progeny. </li> </ol> In order to eliminate discrimination against women and non-Muslims and the rights and obligations assigned to them; it is important to adopt the methodology rooted in the maqasid approach and based on the following 5 principles: <ol> <li>Rights and obligations cannot be established on the basis of individual statements of the Qur’an and Sunnah, but have to accord with the totality of relevant statements.  The jurist is required to consult all relevant texts before rendering a specific ruling.</li> <li>The multiplicity of Qur’an rules must be reduced into a coherent set of universal principles. The universal principles should be used to ensure the systematic application of shari’a in a modern context.  Such a systemisation should prevent an application of a specific rule in violation of general, or a particular violation of a universal one.</li> <li>A generalisation of a rule predisposes that the reason for its enactment is clear, no rule should be generalised unless its reason has been explicated. Literalist application of shari’a would be eliminated.</li> <li>The universalisation of a principle required that the conditions of application be identical, regardless of time and space, no principle can be declared universal if the particularity of the context for which it was intended is evident. This principle complements principle 3 be requiring the jurist examined the extent to which a specific statement or rule is directly connected with the socio-political context in which it was revealed. </li> <li>Qur’anic statements take priority over Prophetic ones.If there is a conflict then the Qur’anic precepts override Prophetic ones.  </li> </ol>  “No compulsion in religion; truth stands out clear from error.” (2:256) “If it has been the Lord’s will they would have believed – All who are on earth! Will you then compel mankind, against their will, to believe!” (10:99). By emphasising people’s right to freely follow their conviction, the Qur’an reiterates a long standing position, which it traces back to one of the earliest known Prophet Noah.Like the Qur’anic emphasis on the freedom of conviction and moral autonomy, most classical jurists contend that a person who renounces Islam or converts t another religion, commits a crime of apostasy (ridda) punishable by death. However, because the Qur’an is unequivocal in supporting religious freedom, classical jurists relied, in advocating the death penalty for ridda (renouncing Islam), on two hadith texts, and the precedent of the Muslims fighting against Arab apostates under the leadership of Abu Bakar, the first caliph. This evidence is, though, questionable and does not stand up to close scrutiny.The two hadiths texts reported in Sahih Bukhari state: “Kill who ever changes his religion,” and “… permits the taking of a person’s life; a soul for a soul, the adultery of a married man, and renouncing religion while severing with the community.”<a style="mso-footnote-id: ftn85;" name="_ftnref85" href="content_detail.php?id=14#_ftn85">[85]</a> Both hadith statements cannot stand up as credible evidence because they contravene numerous pieces of Qur’an evidence.According to the maqasid approach, a hadith can limit the application of a general Qur’anic statement, but can never negate it. Besides, the hadith even contradicts the practices of the Prophet, who reportedly pardoned Muslims who committed ridda.  It appears that the classical jurists extended the death penalty to cases of miss-interpretation of divine texts, or negligence in religious practices.Thus, classical jurists insisted that a Muslim who negates or neglects prayer could be executed if he does not repent within three days.  The widely accepted theory of right amongst jurists divided rights into three types <a style="mso-footnote-id: ftn86;" name="_ftnref86" href="content_detail.php?id=14#_ftn86">[86]</a>: <ol> <li>Rights of God (huquq Allah) – these consist of all obligations that one has to discharge simply because they are divine commandments, even when the human interests or utilities in undertaking them are not apparent, such as prayers, fasting, pilgrimage etc;</li> <li>Rights shared by God and His servants (Huquq Allah wa al-‘Ibad) – these include acts that are obligatory because they are demanded by God, but they are also intended to protect the public, such as hudud law, jihad, zakat, etc and</li> <li>The Rights of God’s servants (huquq al-‘Ibad) – these are rights intended to protect individual interests such as fulfilling promises, paying back debts, honouring contracts.  Still people are accountable to God for their fulfilment.</li> </ol> There has been nothing to suggest that human beings would ever subordinate their moral beliefs to empirical knowledge – at lest not in a historical context.  Furthermore, in terms of gender inequality this would appear to exist even in Western societies and therefore this may not be so direct but it would still appear to exist and merely requires gathering the empirical evidence to support this. Although the gap has now narrowed but still it would appear that a lot of gender discrimination exists <a style="mso-footnote-id: ftn87;" name="_ftnref87" href="content_detail.php?id=14#_ftn87">[87]</a>.  <a id="A6" name="6"></a>Conclusion In conclusion, some of the main misconceptions on human rights in Islam are noteworthy to be highlighted.Islam’s theme is free from falsehood and injustices. As discussed in this chapter, the most common misunderstanding is the fact that shari’a is restrictive of essential liberties and incompatible with the modern human rights. There are endless verses in the Qur’an that true liberty is liberty from subservience to oppression whether it is from selfish desires or to worship others besides God, the Creator. Islam is not only a religion of spiritual bond between a person and his Lord and it includes temporal and worldly commandments from God. Islam carves out the relationship between humans and God as well as humans and the society, other people and nations. Islam is universal and not limited for a certain race or group of people. The Christian teachings also reflect the principle universality but this has been digressed from the path which was revealed to Jesus. However, Prophet Muhammad (PBUH) was sent as a mercy for all mankind. <a style="mso-footnote-id: ftn88;" name="_ftnref88" href="content_detail.php?id=14#_ftn88">[88]</a>The shari’a has two aspects: faith and belief and second element is the law regulating the relationship of mankind with other people and nations, which are in general form and the needs are left to be adapted according to the needs that arise in the constantly changing conditions of the society. Hence, the need for jurists and all the development in the society has occurred.  An example cited in the Qur’an is Shura and this principle is left in general form. There is a widespread misconception that shari’a does not respect the legal rights of non-Muslims in the Islamic State. However, it has clearly been demonstrated that non-Muslims are entitled for that which Muslims are entitled. They are also obligated to do that which Muslims are obligated. This is the general rule and it promotes justice and equity; giving non-Muslims residence, security, private property and religious rights. Furthermore, Islam permits religious discussions with non-Muslims and to adhere to the best methodology in such discussions. <a style="mso-footnote-id: ftn89;" name="_ftnref89" href="content_detail.php?id=14#_ftn89">[89]</a> Dr. Zakir Naik founder of Islamic Research Foundation enters in such many discussions and appears on Peace TV (Satlite Channel). Therefore, Islam forbids forceful conversions as it defeats the object of the faith. History, of course, gives insight to the tolerances in the past, including the Jewish, Christians and Muslims living in Medinah at the time of the Prophet. The Qur’an forbids conflict and fighting non-Muslims. <a style="mso-footnote-id: ftn90;" name="_ftnref90" href="content_detail.php?id=14#_ftn90">[90]</a> So, really the Qur’an promotes even the food of Jewish or Christian people or business transactions. <a style="mso-footnote-id: ftn91;" name="_ftnref91" href="content_detail.php?id=14#_ftn91">[91]</a> The most common misconception is the capital (hudood) punishments and the modern approach is to use prolonged prison sentence but many criminal and social justice experts says that it is counter-productive and often it does not deter the criminal in most cases. In the UK, there has been much controversy over the rape sentence and victims feel that true justice has not been achieved. There is also the ‘public purse’ question, that is, the taxpayers money. Crime in Islam is twofold: first, offences such as apostasy, blasphemy, murder, adultery, theft, drinking alcohol etc. Second element consists of offences that do not have definite punishment and reprimands. The first group of offences involves personal rights and the victim can pardon the perpetrator. The second category of offences is violating shari’a injunctions and the State sets the punishments. The capital punishment ensures justice; this requires a very high standard of proof, if there is a doubt, then the punishment MUST be abstained from being carried out. <a style="mso-footnote-id: ftn92;" name="_ftnref92" href="content_detail.php?id=14#_ftn92">[92]</a> For example, if theft took place in times of poverty, then amputation must not be carried out and rather pardon the perpetrator. <a style="mso-footnote-id: ftn93;" name="_ftnref93" href="content_detail.php?id=14#_ftn93">[93]</a> Likewise, with murder, the victim can be compensation with blood money. <a style="mso-footnote-id: ftn94;" name="_ftnref94" href="content_detail.php?id=14#_ftn94">[94]</a> In adultery cases, the punishment is stoning to death <a style="mso-footnote-id: ftn95;" name="_ftnref95" href="content_detail.php?id=14#_ftn95">[95]</a>and again, if certain conditions are met: four eye witnesses are required, confession or testimony to execute the punishment. There must be no duress to obtain a confession, even after the confession, it has to be repeated four times or in four different meetings or Court room; the Judge may say, that ‘perhaps it was just a kiss or hug and no penetration took place’. This leaves room for the confession to be withdrawn. This is from the Sunnah and people confessed repeatedly or it was proven by pregnancy. This is contrary to any system that exists internationally in non-Muslim States. In respect of four witnesses, they must have observed the actual intercourse directly; even in some of the most advanced Western societies, this is considered against the law and order of the country, so, a very highly unlikely probable situation, it is a very private affair. The punishment is to deter from illegal children being born and generally to protect the family unit and society. <a style="mso-footnote-id: ftn96;" name="_ftnref96" href="content_detail.php?id=14#_ftn96">[96]</a>  Then, there is slandering, alcohol, drugs and these again are punishable offences. Majority of the crimes occur due to drugs and alcohol, in essence the root cause of evil, <a style="mso-footnote-id: ftn97;" name="_ftnref97" href="content_detail.php?id=14#_ftn97">[97]</a> and above all God seeks to preserve human intelligence by forbidding it in the Qur’an. <a style="mso-footnote-id: ftn98;" name="_ftnref98" href="content_detail.php?id=14#_ftn98">[98]</a> In the past not many such punishments occurred in the Prophet’s time. One of the most controversial punishments is for apostasy but this relates to a person who abandons the religion after accepting Islam; majority of the punishments emanate from the Prophetic hadith. <a style="mso-footnote-id: ftn99;" name="_ftnref99" href="content_detail.php?id=14#_ftn99">[99]</a>The rationale behind this was to prevent an apostate spreading blasphemy and treachery openly in public and is equated to spying and treason by modern scholars and is considered to harm the entire society. Ultimately, it should be left to God. <a style="mso-footnote-id: ftn100;" name="_ftnref100" href="content_detail.php?id=14#_ftn100">[100]</a> Most say that Muslim women cannot marry non-Muslim men and the rationale behind this is to protect the family unit and protect her own faith, as men generally tend to be dominating heads of the household and thus, some women may in order to protect their family life, children cave in to the demands of their husbands and ultimately abandon their faith. So, it avoids the male spouse from launching an attack on her faith. Having carefully, researched this issue, it appears it the rationale behind the Islamic human rights is understood; it could be a very useful tool for the policy makers internationally and unfortunately, it is the lack of knowledge about them, the reputation of Islam and Islamic ruling and governing is distorted in the world. No one should expect that shari’a law has laid down in the classical texts of the various schools (madhahab) should protect human rights as recognised in present day national instruments.shari’a law was revealed almost 1400 yeas ago and although it has been subject to some development and elaboration through time. The concept of human or fundamental rights, on the other hand is a fairly recent issue in the West.One will do doubt have to appreciate the evolution of the American and French revolutions and the legal basis for enshrining fundamental human rights either in a constitution or in a UN declaration of Human Rights. The research attempts to examine shari’a in light of case studies and examine the difficulties encountered in those States that purport to practice shari’a and then examine the legal redress and how a choice of jurisdictions in the UK as per Dr. Williams lecture benefit and fill the gap that exists. At present, there is no legal redress for people in the UK who have shari’a agreements or arrangements. This research does not attempt to defend the position of Muslim States but on the contrary demonstrates that if, ‘faithfulness’ is applied by those States claiming to practice shari’a then, there would not be mis-carriage of justice and fewer human rights violations. Sadly, the States choose to turn a blind eye and majority of the scholars are men who choose to interpret texts without consultation with women. There is a real need for female scholars to interpret the shari’a along with male scholars so that a mutual consensus can be reached or at the very least females are consulted. Riffat Haasan is not far from the truth, but there are some modern Islamic thinkers such as Ramadan who advocate this change.  Prophet’s wife, Aisha was a scholar and many male scholars consulted her. There is a lack of knowledge ‘ilm’ whether in the West or East. In the present times, knowledge would be better than action. Unfortunately, whether it is in the West or East, the problem emanates from this lack of knowledge and hence, marginalisation and discrimination occurs in gender, equality or justice.Another prevalent problem has already been identified and, that is, no one has questioned the historical scholar rulings and therefore, the need for a new reading of the Text is necessary.  It is actually the Prophet’s practice that when decisions were made in Medinah, women were consulted but the scholars today, see no such need, although this is now changing. <hr size="1" /> <div id="ftn1" style="mso-element: footnote;"><a name="_ftn1" href="content_detail.php?id=14#_ftnref1">[1]</a>One of the greatest thinkers of the Islamic world and undertaken a lot of work on the Qur’an and Sunnah. He delivered a conference in 1975 and his lecture was translated by Professor Ahmed Said Khan, Principal, El-Kanemi College of Islamic Theology, Maidugri, Nigeria and Dr. M. M. Ahsan has reviewed and revised the transcript in general and the translation of the Arabic text from Qur’an and Sunnah. Abul A ‘la Mawdudi, ‘Human Rights in Islam’, Islamic Publications Ltd, 1995, p. 5.Human Rights in Islam is an English translation of a talk given by Mawdudi at the invitation of Civic Rights and Liberties Forum at Flatties Hotel, Lahore, Pakistan on 16th November 1975.To put the discussion in perspective we are including an earlier talk by Mawdudi on the political system of Islam as chapter one of the present book. These two talks taken together would enable the reader to have a clear idea of the Islamic political frame-work and the nature and concept of human rights in Islam.Chapter one has been translated by Khurshid Ahmad while the talk which appears in chapters two to five has been translated by Professor Ahmed Said Khan, Principal, El-Kanemi College of the Islamic Theology, Maidguri, Nigeria.  Dr M. M. Ahsan has reviewed and revised the latter talk in general and the translation of the Arabic text of the Qur’an and Sunnah in particular.  Translation and editing of the work has been done underthe auspicious Islamic Foundation.<a href="http://www.scribd.com/doc/52065308/Human-Rights-in-Islam-Syed-Abul-A-la-Maududi">http://www.scribd.com/doc/52065308/Human-Rights-in-Islam-Syed-Abul-A-la-Maududi</a>, accessed 28.06.11   </div> <div id="ftn2" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn2;" name="_ftn2" href="content_detail.php?id=14#_ftnref2">[2]</a>  Abul A ‘la Mawdudi, ‘Human Rights in Islam’, Islamic Publications Ltd, 1995, p. 5 and Riffat Hassan, ‘Are Human Rights Compatible with Islam?’The Issue of Rights of Women in Muslim Communities, <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, ‘Rights of Women within Islamic Countries’, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn3" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn3;" name="_ftn3" href="content_detail.php?id=14#_ftnref3">[3]</a>  She proposes feminist reading of the Qur’an and advocates that the invocation of God as a pretext to legitimise power relations on earth must be rejected as a violation of Islam. She claims that the husband is provided with almost a quasi-divine authority and some even say that the husband, in fact, is the regarded as his wife’s gateway to heave or hell and the arbiter of her final destiny. Riffat Hassan, ‘On Human Rights and Qur’anic Perspective’ Human Rights Quarterly Volume 28, Number 4, November 2006, p.5 </div> <div id="ftn4" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn4;" name="_ftn4" href="content_detail.php?id=14#_ftnref4">[4]</a>  Riffat Haasan, ‘On Human Rights and Qur’anic Perspective’ p.5. and she further highlights the Muslims today are confronted with gender equality and gender justice.p.5 </div> <div id="ftn5" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn5;" name="_ftn5" href="content_detail.php?id=14#_ftnref5">[5]</a><a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, ‘Rights of Women within Islamic Countries’, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn6" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn6;" name="_ftn6" href="content_detail.php?id=14#_ftnref6">[6]</a>Kecia Ali, ’Sexual Ethics and Islam: Feminist Reflections on Qur’an, Hadith, and Jurisprudence’ The American Journal of Islamic Social Sciences 24:4. p.136 </div> <div id="ftn7" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn7;" name="_ftn7" href="content_detail.php?id=14#_ftnref7">[7]</a>   Muslim women generally, from Muslim States are instilled that men have been granted a ’higher status’ than women and therefore, women must be subservient to men! This belief actually exist within the Christianity faith. </div> <div id="ftn8" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn8;" name="_ftn8" href="content_detail.php?id=14#_ftnref8">[8]</a> Amina Wadud-Muhsin, ‘In Search of a Woman‘s Voice in Qur‘anic Hermeneutics‘). All human discourse about God’s epiphany through text is deficient, subject to time, place, gender, and other terms of human condition., p.42. </div> <div id="ftn9" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn9;" name="_ftn9" href="content_detail.php?id=14#_ftnref9">[9]</a> Amina Wadud-Muhsin, ‘In Search of a Woman‘s Voice in Qur‘anic Hermeneutics‘). All human discourse about God’s epiphany through text is deficient, subject to time, place, gender, and other terms of human condition., p.43. </div> <div id="ftn10" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn10;" name="_ftn10" href="content_detail.php?id=14#_ftnref10">[10]</a> Ibid </div> <div id="ftn11" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn11;" name="_ftn11" href="content_detail.php?id=14#_ftnref11">[11]</a>  Qamaruddin Khan, “Status of Women in Islam”, Islamic Book Foundation, 1988, p.55. </div> <div id="ftn12" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn12;" name="_ftn12" href="content_detail.php?id=14#_ftnref12">[12]</a> Abul A ‘la Mawdudi, ‘Human Rights in Islam’, Islamic Publications Ltd, 1995 p.6 and Riffat Hassan, ‘Are Human Rights Compatible with Islam?’The Issue of Rights of Women in Muslim Communities, <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, ‘Rights of Women within Islamic Countries’, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn13" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn13;" name="_ftn13" href="content_detail.php?id=14#_ftnref13">[13]</a>Ibid p.6  </div> <div id="ftn14" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn14;" name="_ftn14" href="content_detail.php?id=14#_ftnref14">[14]</a>Abul A ‘la Mawdudi, Human Rights in Islam, Islamic Publications Ltd, 1995 p.7 and Riffat Hassan, Are Human Rights Compatible with Islam?The Issue of Rights of Women in Muslim Communities, <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, Rights of Women within Islamic Countries, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn15" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn15;" name="_ftn15" href="content_detail.php?id=14#_ftnref15">[15]</a>Abul A ‘la Mawdudi, Human Rights in Islam, Islamic Publications Ltd, 1995p.8 and Riffat Hassan, ‘Are Human Rights Compatible with Islam?’The Issue of Rights of Women in Muslim Communities, <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, ‘Rights of Women within Islamic Countries’, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn16" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn16;" name="_ftn16" href="content_detail.php?id=14#_ftnref16">[16]</a>Abul A ‘la Mawdudi, Human Rights in Islam, Islamic Publications Ltd, 1995 p.9 and Riffat Hassan, ‘Are Human Rights Compatible with Islam?’The Issue of Rights of Women in Muslim Communities, <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, ‘Rights of Women within Islamic Countries’, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn17" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn17;" name="_ftn17" href="content_detail.php?id=14#_ftnref17">[17]</a> Abul A ‘la Mawdudi, ‘Human Rights in Islam’, Islamic Publications Ltd, 1995, p.9-10 and Riffat Hassan, ‘Are Human Rights Compatible with Islam?’The Issue of Rights of Women in Muslim Communities, <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, ‘Rights of Women within Islamic Countries, Canadian Woman Studies’, p. 40 accessed 23/02/2011 </div> <div id="ftn18" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn18;" name="_ftn18" href="content_detail.php?id=14#_ftnref18">[18]</a>As Muwdudi critically reviews Western approach. </div> <div id="ftn19" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn19;" name="_ftn19" href="content_detail.php?id=14#_ftnref19">[19]</a>However, the truth is that until the seventeenth century no one even knew that the Magna Carta contained the principles of Trial by Jury; Habeas Corpus and the Control of Parliament on the Right of Taxation. Prior to the seventeenth century no one had any idea about human rights and civic rights. </div> <div id="ftn20" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn20;" name="_ftn20" href="content_detail.php?id=14#_ftnref20">[20]</a>Lord Denning describes it as “the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot”, Danny Danziger & John Gillingham, “1215: The Year of Magna Carta” (2004) p.278. </div> <div id="ftn21" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn21;" name="_ftn21" href="content_detail.php?id=14#_ftnref21">[21]</a>Therefore, it does not form binding international human rights; there are a number of human rights instruments, such as Convention Relating to the Status of Refugees adopted 1951 and came into force 1954 and United Nations Convention Against Torture adopted 1984 and came in force in 1987. The UDHR mainly protects human dignity and justice for all human beings. </div> <div id="ftn22" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn22;" name="_ftn22" href="content_detail.php?id=14#_ftnref22">[22]</a>ECHR came into force in 1953; it has 1-18 Articles ranging from torture, marriage, discrimination and abuse of rights and Protocols, for example, Protocol 13 prohibits death penalty. The Appendix has the full details of this. The Convention was drafted by the Council of Europe after World War II. It was not until the 60’s that British Citizens were able to bring claims in the European Court of Human Rights </div> <div id="ftn23" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn23;" name="_ftn23" href="content_detail.php?id=14#_ftnref23">[23]</a>This has enabled the British people to seek legal redress at a more reasonable cost rather than going to the European Court of Human Rights (ECtHR) </div> <div id="ftn24" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn24;" name="_ftn24" href="content_detail.php?id=14#_ftnref24">[24]</a>Abul A ‘la Mawdudi, Human Rights in Islam, Islamic Publications Ltd, 1995, p.13 and Riffat Hassan, ‘Are Human Rights Compatible with Islam?’The Issue of Rights of Women in Muslim Communities, <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, Rights of Women within Islamic Countries, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn25" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn25;" name="_ftn25" href="content_detail.php?id=14#_ftnref25">[25]</a> Qur’an chapter 5, verse 32 </div> <div id="ftn26" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn26;" name="_ftn26" href="content_detail.php?id=14#_ftnref26">[26]</a> Qur’an  chapter 6, verse 151 </div> <div id="ftn27" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn27;" name="_ftn27" href="content_detail.php?id=14#_ftnref27">[27]</a>  In ‘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 </div> <div id="ftn28" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn28;" name="_ftn28" href="content_detail.php?id=14#_ftnref28">[28]</a> Qur’an chapter 3, verse 75 </div> <div id="ftn29" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn29;" name="_ftn29" href="content_detail.php?id=14#_ftnref29">[29]</a> Qur’an  chapter 17, verse 32 </div> <div id="ftn30" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn30;" name="_ftn30" href="content_detail.php?id=14#_ftnref30">[30]</a>  Qur’an  chapter 51, verse 12 </div> <div id="ftn31" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn31;" name="_ftn31" href="content_detail.php?id=14#_ftnref31">[31]</a>   During 1680 to 1780’s the total number of free people who were captured amounting to over 20 million.  On the other hand, Islam tried to eliminate slavery in Arabia. The Muslims were ordered to set the slaves free.  The problem of slavery was solved in thirty to forty years. </div> <div id="ftn32" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn32;" name="_ftn32" href="content_detail.php?id=14#_ftnref32">[32]</a>  Dunbar Rowland quoting Jefferson Davis, in “Jefferson Davis”, Volume 1, Page 286, see also Jefferson Davis’s “Inaugural Address as Provisional President of the Confederacy, Montgomery, AL, 1861-feb-18, Confedrate States of America, Congressional Journal, 1:64-66 @http://funnel web.utcc.utk.edu/-hoemann/jdinaug.html. </div> <div id="ftn33" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn33;" name="_ftn33" href="content_detail.php?id=14#_ftnref33">[33]</a>  Abul A la Mawdudi, Human Rights in Islam, Islamic Publications Ltd, 1995, p. 19 and Riffat Hassan, ‘Are Human Rights Compatible with Islam?’The Issue of Rights of Women in Muslim Communities, <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, ‘Rights of Women within Islamic Countries’, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn34" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn34;" name="_ftn34" href="content_detail.php?id=14#_ftnref34">[34]</a>  A prime example of this is Malcolm X, the famous African in America who had pursued a movement against the white people of America in order to win civil rights for black people, 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 Ka’ba (place of worship in Makkah) and offering prayers standing in one row and there was no distinction of any kind between a king and that of a pauper. He thought that was the solution to the problem of colour and race in America.  Abul A ‘la Mawdudi, ‘Human Rights in Islam’, Islamic Publications Ltd, 1995, p. 20 and Riffat Hassan, ‘Are Human Rights Compatible with Islam?’ <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, ‘Rights of Women within Islamic Countries’, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn35" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn35;" name="_ftn35" href="content_detail.php?id=14#_ftnref35">[35]</a>  Abul A ‘la Mawdudi, ‘Human Rights in Islam’, Islamic Publications Ltd, 1995, p. 21 and Riffat Hassan, ‘Are Human Rights Compatible with Islam?’The Issue of Rights of Women in Muslim Communities, <a href="http://www.religiousconsultation.org/hassan2.htm%20accessed%20on%2023/02/2011">http://www.religiousconsultation.org/hassan2.htm accessed on 23/02/2011</a>, Riffat Hassan, ‘Rights of Women within Islamic Countries’, Canadian Woman Studies, p. 40 accessed 23/02/2011 </div> <div id="ftn36" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn36;" name="_ftn36" href="content_detail.php?id=14#_ftnref36">[36]</a>  Abdullahi An-Na’im, ‘Towards an Islamic Reformation: Civil Liberties, Human Rights, and International Law (1990), p.161 </div> <div id="ftn37" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn37;" name="_ftn37" href="content_detail.php?id=14#_ftnref37">[37]</a>  Abdullahi An-Na’im, ‘Towards an Islamic Reformation: Civil Liberties, Human Rights, and International Law (1990), p. 84. </div> <div id="ftn38" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn38;" name="_ftn38" href="content_detail.php?id=14#_ftnref38">[38]</a>  Boaventura de Sousa Santos ‘Towards a Multicultural Conception of Human Rights’ Beyond Law, Vol. 9 - Issue # 25 -  June 2002, ILSA, Bogota D.C., Colombia. pp. 23-24 </div> <div id="ftn39" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn39;" name="_ftn39" href="content_detail.php?id=14#_ftnref39">[39]</a>  Salman Ali, Human Rights and Islam , <a href="http://www.globalwebpost.com/genocide1971/islam/salman_hr.htm">http://www.globalwebpost.com/genocide1971/islam/salman_hr.htm</a> accessed 10/07/2011 </div> <div id="ftn40" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn40;" name="_ftn40" href="content_detail.php?id=14#_ftnref40">[40]</a>  Those that originate from the time and place of the events being investigated. </div> <div id="ftn41" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn41;" name="_ftn41" href="content_detail.php?id=14#_ftnref41">[41]</a>  Nisrine Abiad’ Shari’a, MuslimStates and International Human Rights Treaty Obligations: A Comparative Study’ British Institute of International and Compartive Law, 2008, pp.1-2. </div> <div id="ftn42" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn42;" name="_ftn42" href="content_detail.php?id=14#_ftnref42">[42]</a>  The Prophet (PBUH) further stated that non-Muslim citizens of the Muslim State: “one who kills a man under covenant will not even smell the fragrance of paradise” (Bukhari and Abu Dawud). </div> <div id="ftn43" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn43;" name="_ftn43" href="content_detail.php?id=14#_ftnref43">[43]</a> Qur’an chapter  2, verse 188 </div> <div id="ftn44" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn44;" name="_ftn44" href="content_detail.php?id=14#_ftnref44">[44]</a> Qur’an  chapter 49, verses 11-12 </div> <div id="ftn45" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn45;" name="_ftn45" href="content_detail.php?id=14#_ftnref45">[45]</a> Qur’an  chapter 49, verse 12 </div> <div id="ftn46" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn46;" name="_ftn46" href="content_detail.php?id=14#_ftnref46">[46]</a> Qur’an chapter 24, verse 27 </div> <div id="ftn47" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn47;" name="_ftn47" href="content_detail.php?id=14#_ftnref47">[47]</a>Qur’anchapter 4,verse 58 </div> <div id="ftn48" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn48;" name="_ftn48" href="content_detail.php?id=14#_ftnref48">[48]</a>Qur’an chapter 4, verse 148 </div> <div id="ftn49" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn49;" name="_ftn49" href="content_detail.php?id=14#_ftnref49">[49]</a>    Qur’an chapter 9, verse 71 </div> <div id="ftn50" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn50;" name="_ftn50" href="content_detail.php?id=14#_ftnref50">[50]</a>  Qur’an chapter 22, verse 41; The Prophet (PBUH) has said, “if any one of you comes across and evil, he should try to stop it with his hand (using force), if he is not in a position to stop it with his hand then he should try to stop it by means of speech.If she is not even able to use his speech then he should at least condemn it in his heart.This is the weakest degree of faith” (Muslim). </div> <div id="ftn51" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn51;" name="_ftn51" href="content_detail.php?id=14#_ftnref51">[51]</a>  Qur’an  chapter 3, verse 110 </div> <div id="ftn52" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn52;" name="_ftn52" href="content_detail.php?id=14#_ftnref52">[52]</a> Qur’an chapter 3, verse 104 </div> <div id="ftn53" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn53;" name="_ftn53" href="content_detail.php?id=14#_ftnref53">[53]</a> Qur’an chapter 2, verse 256 </div> <div id="ftn54" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn54;" name="_ftn54" href="content_detail.php?id=14#_ftnref54">[54]</a>  Reported by Bukhari no. 6935 and Muslim no. 6524, <a href="http://www.searchtruth.com/book_display.php?book=035&translator=2&start=51&number=6521">http://www.searchtruth.com/book_display.php?book=035&translator=2&start=51&number=6521</a> accessed 10/07/11 </div> <div id="ftn55" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn55;" name="_ftn55" href="content_detail.php?id=14#_ftnref55">[55]</a> Qur’an chapter 6,  verse 108 </div> <div id="ftn56" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn56;" name="_ftn56" href="content_detail.php?id=14#_ftnref56">[56]</a> Qur’an chapter 29, verse 46 </div> <div id="ftn57" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn57;" name="_ftn57" href="content_detail.php?id=14#_ftnref57">[57]</a> Qur’an  chapter 6, verse 164 </div> <div id="ftn58" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn58;" name="_ftn58" href="content_detail.php?id=14#_ftnref58">[58]</a> Qur’an chapter 51, verse 19 </div> <div id="ftn59" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn59;" name="_ftn59" href="content_detail.php?id=14#_ftnref59">[59]</a>  The Prophet (PBUH) has clearly said: “it will be taken from the rich and given to those in the community in need” (Bukhari and Muslim). </div> <div id="ftn60" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn60;" name="_ftn60" href="content_detail.php?id=14#_ftnref60">[60]</a>  Discrimination of people into different classes was one of the greatest crimes that, according to the Qur’an, Pharaoh used to indulge in: “he had divided his people into different classes,” …”and he suppressed one group of them (at the cost of others)” Qur’an 28:4. and <a href="http://www.islam101.com/rights/hrM3.htm">http://www.islam101.com/rights/hrM3.htm</a> accessed 09/06/11 </div> <div id="ftn61" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn61;" name="_ftn61" href="content_detail.php?id=14#_ftnref61">[61]</a>   Qur’an 42:38 </div> <div id="ftn62" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn62;" name="_ftn62" href="content_detail.php?id=14#_ftnref62">[62]</a>Riffat Haasan, Religious HumanRights and the Qur’an’, p. 91, Law Journal Library, htpp://www.heinonline.org.HOL/page?handle=heinjournals, accessed 23/02/2011 </div> <div id="ftn63" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn63;" name="_ftn63" href="content_detail.php?id=14#_ftnref63">[63]</a>  “Proclaim! (or read) in the name of the Lord and Cherisher, who created, created man out of a (mere) clot of blood.” “… He who taught (the use of) the pen taught man that which he knew not.”Chapter 96, verse 1-5 </div> <div id="ftn64" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn64;" name="_ftn64" href="content_detail.php?id=14#_ftnref64">[64]</a>  Qur’an - (Chapter) Surah 39: Az-Zumar: p.9 </div> <div id="ftn65" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn65;" name="_ftn65" href="content_detail.php?id=14#_ftnref65">[65]</a>  As indicated by (Chapter) Surah 9: At-Tawbah p.122. </div> <div id="ftn66" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn66;" name="_ftn66" href="content_detail.php?id=14#_ftnref66">[66]</a>  (Chapter) Surah 6: Al An’am: 165: (Chapter) Surah 67: Al-Mulk: 15 </div> <div id="ftn67" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn67;" name="_ftn67" href="content_detail.php?id=14#_ftnref67">[67]</a>   It has been claimed that the Prophet has actually borrowed everything in his teachings from the Jewish and Christian faith.However having examined a lot of the basic human rights it would appear that the Qur’an which has a lot of its rights documented 1.400 years ago could not have been ideas borrowed from either the Jewish faith or the Christian faith. </div> <div id="ftn68" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn68;" name="_ftn68" href="content_detail.php?id=14#_ftnref68">[68]</a>  Musnad of Ibn Hanbal </div> <div id="ftn69" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn69;" name="_ftn69" href="content_detail.php?id=14#_ftnref69">[69]</a>   Qur’an Chapter 8, verse 52 </div> <div id="ftn70" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn70;" name="_ftn70" href="content_detail.php?id=14#_ftnref70">[70]</a>  Samuel P. Hunnington, ‘The Clash of Civilisations and the Remaking of World Order’: New York: Simon & Schuster, 1996, pp. 70-72 </div> <div id="ftn71" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn71;" name="_ftn71" href="content_detail.php?id=14#_ftnref71">[71]</a>  Examined the relationship between human rights and what is usually called the “Western” tradition; he says that to divide the notion of human rights into “Western”, “Islamic”, and other culturally defined conceptions would end universal human rights,  Heiner Bielefeldt, “Western” versus “Islamic”Human Rights Conceptions?  A Critique of Cultural Essentialism in the Discussion on Human Rights pp. 1-2 – <a href="http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf">http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf</a>  accessed 09/06/11 </div> <div id="ftn72" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn72;" name="_ftn72" href="content_detail.php?id=14#_ftnref72">[72]</a>    Amina Wadud-Muhsin, ’ Towards A Qur’anic Hermeneutics of Social Justice: Race, Class and Gender’, The Journal of Law and Religion Vol. XII, No. 1 1995-96 p.37-48 </div> <div id="ftn73" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn73;" name="_ftn73" href="content_detail.php?id=14#_ftnref73">[73]</a> Heiner Bielefeldt, “Western” versus “Islamic Human Rights Conceptions?A Critique of Cultural Essentialism in the Discussion on Human Rights pp. 14 – <a href="http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf">http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf</a>  accessed 09/06/11 </div> <div id="ftn74" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn74;" name="_ftn74" href="content_detail.php?id=14#_ftnref74">[74]</a>  The Qur’an, Chapter 4, Verse 129 </div> <div id="ftn75" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn75;" name="_ftn75" href="content_detail.php?id=14#_ftnref75">[75]</a> Heiner Bielefeldt, “Western” versus “Islamic”Human Rights Conceptions?  A Critique of Cultural Essentialism in the Discussion on Human Rights p.17 – <a href="http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf">http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf</a>  accessed 09/06/11 </div> <div id="ftn76" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn76;" name="_ftn76" href="content_detail.php?id=14#_ftnref76">[76]</a>  Ibid </div> <div id="ftn77" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn77;" name="_ftn77" href="content_detail.php?id=14#_ftnref77">[77]</a>  Ibid </div> <div id="ftn78" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn78;" name="_ftn78" href="content_detail.php?id=14#_ftnref78">[78]</a>  Abdullahi An-Na’im, Toward an Islamic Reformation, Abdullahi An-Na’im , Human Rights in the Muslim World: Socio-Political Conditions and Sciptural Imperatives, <a href="http://www.heinonline.org/HOL/Page?hamdle-hein,journals/hhrj3&div=6&collection">http://www.heinonline.org/HOL/Page?hamdle-hein,journals/hhrj3&div=6&collection</a> accessed 23/02/11 </div> <div id="ftn79" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn79;" name="_ftn79" href="content_detail.php?id=14#_ftnref79">[79]</a>  An-Na’im followed in the footsteps of his teacher, Taha who was executed in 1986 for apostasy in Sudan; An-Na’im distinguishes between chapters revealed in Makkah and Medinah, he goes one step further that the Makkan chapters contain the eternal theological ranking and the Medinan chapters refer to specific needs and circumstances of the first Muslim community and cannot be applied to the modern society. He introduces a controversial technique to distinguish between different degrees of validity within the Qur’an itself. Heiner Bielefeldt, “Western” versus “Islamic” Human Rights Conceptions?A Critique of Cultural Essentialism in the Discussion on Human Rights p. 17 – <a href="http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf">http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf</a>  accessed 09/06/11 </div> <div id="ftn80" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn80;" name="_ftn80" href="content_detail.php?id=14#_ftnref80">[80]</a>   Heiner Bielefeldt, “Western” versus “Islamic”Human Rights Conceptions?  A Critique of Cultural Essentialism in the Discussion on Human Rights p. 17 – <a href="http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf">http://www.unesco-phil.uni-bremen.de/Texte%20zur%20Vorlesung/MR%20-%20Islam%20-%20Bielefeldt.pdf</a>  accessed 09/06/11 </div> <div id="ftn81" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn81;" name="_ftn81" href="content_detail.php?id=14#_ftnref81">[81]</a>   A liberal NGO committed to promoting women’s rights points to the difference between the timeline when the Qur’an was revealed and the present.  Heiner Bielefeldt, “Western” versus “Islamic”Human Rights Conceptions?  A Critique of Cultural Essentialism in the Discussion on Human Rights p. 17 – web address and Egyptian professor Nasr Hamid Abu Zaid supports this view, he proposes a new hermeneutics is to recapture critically the guiding principles of the Qur’an out of those many historical details. He proposes reform in the inheritance law because the Qur’an promotes equality between all human beings. “Western” versus “Islamic”Human Rights Conceptions?A Critique of Cultural Essentialism in the Discussion on Human Rights p. 17 </div> <div id="ftn82" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn82;" name="_ftn82" href="content_detail.php?id=14#_ftnref82">[82]</a>   Abdullahi An-Na’im, Toward an Islamic Reformation, Abdullahi An-Na’im , Human Rights in the Muslim World: Socio-Political Conditions and Sciptural Imperatives, <a href="http://www.heinonline.org/HOL/Page?hamdle-hein,journals/hhrj3&div=6&collection">http://www.heinonline.org/HOL/Page?hamdle-hein,journals/hhrj3&div=6&collection</a> accessed 23/02/11 </div> <div id="ftn83" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn83;" name="_ftn83" href="content_detail.php?id=14#_ftnref83">[83]</a>   Abdullahi An-Na’im, Islamic Law, International Relations, and Human Rights: Challenge and Response, 187, http//heinonline.org/HOL/Page?handle=hein,journals/cint120&div=1&&g_sent=1&co accessed 23/02/11, Abdullahi An-Na’im , Human Rights in the Muslim World: Socio-Political Conditions and Sciptural Imperatives, <a href="http://www.heinonline.org/HOL/Page?hamdle-hein,journals/hhrj3&div=6&collection">http://www.heinonline.org/HOL/Page?hamdle-hein,journals/hhrj3&div=6&collection</a> accessed 23/02/11 </div> <div id="ftn84" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn84;" name="_ftn84" href="content_detail.php?id=14#_ftnref84">[84]</a>   Abdullahi An-Na’im, Islamic Law, International Relations, and Human Rights: Challenge and Response, 187, http//heinonline.org/HOL/Page?handle=hein,journals/cint120&div=1&&g_sent=1&co accessed 23/02/11 p.23, Abdullahi An-Na’im , Human Rights in the Muslim World: Socio-Political Conditions and Sciptural Imperatives, <a href="http://www.heinonline.org/HOL/Page?hamdle-hein,journals/hhrj3&div=6&collection">http://www.heinonline.org/HOL/Page?hamdle-hein,journals/hhrj3&div=6&collection</a> accessed 23/02/11 </div> <div id="ftn85" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn85;" name="_ftn85" href="content_detail.php?id=14#_ftnref85">[85]</a>Dr. Louay M. Safi, HUMAN RIGHTS AND ISLAMIC LEGAL REFORM, <a href="http://www.globalwebpost.com/genocide1971/islam/safi_reform.htm">http://www.globalwebpost.com/genocide1971/islam/safi_reform.htm</a>, accessed 23/02/11 </div> <div id="ftn86" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn86;" name="_ftn86" href="content_detail.php?id=14#_ftnref86">[86]</a> Ibid </div> <div id="ftn87" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn87;" name="_ftn87" href="content_detail.php?id=14#_ftnref87">[87]</a> Dr. Louay M. Safi, HUMAN RIGHTS AND ISLAMIC LEGAL REFORM, <a href="http://www.globalwebpost.com/genocide1971/islam/safi_reform.htm">http://www.globalwebpost.com/genocide1971/islam/safi_reform.htm</a>, accessed 23/02/11 </div> <div id="ftn88" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn88;" name="_ftn88" href="content_detail.php?id=14#_ftnref88">[88]</a>  The Qur’an, Chapter 21, verse 7. </div> <div id="ftn89" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn89;" name="_ftn89" href="content_detail.php?id=14#_ftnref89">[89]</a>  The Qur’an, Chapter 29, verse 46 and Chapter 46, verse 4.  </div> <div id="ftn90" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn90;" name="_ftn90" href="content_detail.php?id=14#_ftnref90">[90]</a>  The Qur’an, Chapter 29, verse 46 and Chapter 46 verse 4.  </div> <div id="ftn91" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn91;" name="_ftn91" href="content_detail.php?id=14#_ftnref91">[91]</a>  The Qur’an, Chapter 5, verse 5. </div> <div id="ftn92" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn92;" name="_ftn92" href="content_detail.php?id=14#_ftnref92">[92]</a>  This is reported according to a Prophetic tradition by Abdullah ibn Mas’ood. </div> <div id="ftn93" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn93;" name="_ftn93" href="content_detail.php?id=14#_ftnref93">[93]</a> Amputation is based on very specific conditions for example, theft during poverty times, The Qur’anChapter 5, verse 38. </div> <div id="ftn94" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn94;" name="_ftn94" href="content_detail.php?id=14#_ftnref94">[94]</a>  The Qur’an, Chapter 2, verse 178. </div> <div id="ftn95" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn95;" name="_ftn95" href="content_detail.php?id=14#_ftnref95">[95]</a>  The Qur’an 24, verse 2. </div> <div id="ftn96" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn96;" name="_ftn96" href="content_detail.php?id=14#_ftnref96">[96]</a>  Statistical research has demonstrated that majority of the criminals come from broken homes. </div> <div id="ftn97" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn97;" name="_ftn97" href="content_detail.php?id=14#_ftnref97">[97]</a>   Also the effects it has on health and how much of the ‘public purse’ expends on the NHS treating people diagnosed with diseases resulting from this. </div> <div id="ftn98" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn98;" name="_ftn98" href="content_detail.php?id=14#_ftnref98">[98]</a>The Qur’an, Chapter 2, verse 79. </div> <div id="ftn99" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn99;" name="_ftn99" href="content_detail.php?id=14#_ftnref99">[99]</a>Bukhari no. 6935 and Muslim 6524. </div> <div id="ftn100" style="mso-element: footnote;"> <a style="mso-footnote-id: ftn100;" name="_ftn100" href="content_detail.php?id=14#_ftnref100">[100]</a>  The Qur’an, Chapter 4, verse 137. </div>

Saturday 18 Jan 2025