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We all, as human beings, want to life in a world of security which has no existence in any kind of dictatorship, or any kind of deprivation of rights whether it is an independent or collective right. Therefore, human rights have arisen in the last few centuries with the ultimate goal of protection, and maintaining the rights of all individuals and societies from any kind of discrimination or racism. Unfortunately, historical inequities and prejudices continue to exist, and many people still suffer. However, there are many organizations that share the ultimate goal of ending these tragedies. Unfortunately, human rights law is still developing, is incomplete, and needs to be supported to garner international recognition. Throughout the ages, the influence of religions on making law was clear and strong. In my opinion, often people respect and trust religious law more than man-made law. Nevertheless, adoption of some religious law provisions may develop, and strengthen the international norms for human’s rights. For example, Islamic law has provided a great sort of human right law granted to all human beings without any discrimination. Islam has insured the most five valuable rights for any human beings, which are the five necessities in Islam; religion, life, mind, honor and property. They are considered to be five necessities in Islamic Human Rights law granted to all human beings and all the Human Rights comes under these five categories. However, the purpose of this study is to strengthen human rights globally and take advantage of comprehensive Islamic law, which has arisen more than a thousand years, and make them universally applicable. In this study, I will review the tenets of Islamic law under Sharia law and its features as well as some of the most valuable rights guaranteed by Islam in survey form. However, we have in Islam four schools of interpretation, including those of the holy Qur’an and the Hadith (Sayings and Teachings of Prophet Mohammed), and I will not focus merely in my study to a specific school or scholarly interpretation, because in my opinion there is no difference between them when it comes to human rights matters. Moreover, I will discuss the key concept of international human rights. Finally, I will a make brief comparison of human rights in Islam and in international human rights laws.

Chapter one: the description and features of human rights in Islam.

1- The sources of human rights in Islam.

Human rights in Islam originally stemmed from the Islamic faith, because God created people free, want them to be free, and instructed them to maintain the rights that have been prescribed and careful to abide them, and then commanded them religiously to preserve, defend, and prevent the abuse of these rights. That was repeated in the Qur’an in many verses.

Human rights in Islam stemmed from the recognition of the defined human being explicit texts, which is part of the Islamic perception [1].

However, Human rights in Islam are defined as granted by God for all his creations. They are not granted from creature to creature like him, approved by him and robed by him whenever he wants, but God decides the rights to humanity to the whole.

2- Comprehensiveness of all types of human rights in Islam.

Islam has covered all the types of human rights that humans need, whether political, economic, social or cultural.

These are public general rights of all individuals under the Islamic regime, without discrimination because of one’s color, sex, or cultured languages.

3- Human rights in Islam are non-misrepresentation.

Human rights in Islam are complete and irrevocable; they are a part of Islamic law [2].

Man-made treaties are malleable and subject to cancellation even if texts have been concretized; the deadlock in the treaties has not protected them from cancellation, modification or deactivation if the majority of signatories agree to this.

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[1] Human rights in Islam Dr. Mohammed zohaily (p. 132-133).

[2] Human rights in Islam Dr. Suliman Al Hugail (p. 53).

4- Human rights in Islam designed not to conflict with the purpose of Islamic law.

The characteristics of human rights in Islam is that not absolute, but constrained not to conflict with the purpose of Islamic laws, and therefore not to harm the interests of the community.

Chapter two: The most valuable rights guaranteed by Islam.

First: The right to life, freedom, and dignity.

The right to life is the first human right, and has starts prior to all the other rights. With its existence to all persons, we insure the rest of the rights, and should it disappear, other rights have no value.

Islam guarantees the right to life to everyone, but first we are all must cooperate as individuals, a community, and the state to protect this right from every threat that may arise. It is necessary to secure the basic needs to life such as food, medicine, and security of deviation, etc.…

Based on that, we derive these provisions:

A- Prohibition of human murder:

God commands Muslims in the holy Qur’an {… and do not kill anyone whom Allah (God) has forbidden, except for a just cause (according to Islamic law). This he has commanded you that you may understand} [cattle:151].

In this verse God insured the right to life to all human beings and command people to obey.

A Muslim scholar, son of Saadi, said: “ This is an inclusive right to each human that God has forbidden killing him. Male and female, free and slave, Muslim and Non-Muslim.”[3].

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[3] Taisser Alkarim Alrahman (p.475)

B. Prevent the causes of killing:

This has many forms:

1) The prohibition on Muslims to take up arms against others without proper cause.

The Prophet Mohammed said, “whosoever takes up arms against us, is not from us.”[4].

A Muslim scholar son of Daqeeq said, “ this indicates that it is forbidden to fight people and emphasize it” [5].

2) The prohibition of fighting Muslims:

Prophet Mohammed said, “reviling a Muslim is Fusuq (disobedience of Allah) and killing him is (tantamount to) disbelief.” [6].

A Muslim scholar Hafiz ibn Hajar said, “ since fighting is worst more than insulting because it may lead to killing, Prophet Mohammed expressed this is like leaving Islam, but not laterally. He just wanted to emphasize that a serious matter by exaggeration in the warning” [7].

3) Death penalty or capital punishment in murder (Al-Qisas):

God says in the Holy Qur’an: {O you who believe Al_Qisas (the Law of equality in punishment) is prescribed for one in case of murder. The free for the free, the slave for the slave, and the female for the female. But, if the killer is forgiven by the heirs (or the relatives) of the killed against blood-money, then the adhering to it with fairness and payment of the blood-money to the heir must be made in fairness this is an alleviation and mercy from your lord. So after this whoever transgresses the limits, he shall have a painful tortment.}[Al-baqarah: 178].

[4] Narrated by Bukhari in discord, the chapter of carrying weapons on us (7070)

Narrated from Ibn Omar

[5] See: Fateh Al-Barri (13/27)

[6] Narrated by Bukhari in the faith, the chapter of fear beliver that frustrates his work and he does not

feel (48).

[7] Fateh Al-Barri (1/138).

God also says in the Holy Qur’an {and there is (a saving of) life for you in Al-Qisas (The Law of Equality in Punishment), O men of understanding, that you may become Al-muttaqun (the pious)}. [Al-baqarah(the cow): 179]

In the previous verses God legislated a sever punishment for killing (capital punishment). The purpose is to deter people from doing so, and to be equal.

A muslim scholar, Qatada, said “ God made this severe retribution as a life and a sermon from the people of foolishness and ignorance, so many refrained from committing crimes because the fear of deterrent punishment. God deters people from killing each other by this punishment.”[8].

4) Prohibition of suicide:

The Prophet Mohammed said “Whoever kills his self with a sharp pointed object, his sharp pointed object will be in his hand while he stabs himself in the belly with it in the fire of Hell forever and ever eternally. Whoever drinks poison and kills himself, he will sip from it in the fire of Hell forever and ever eternally. And whoever jumps off a mountain and kills himself, he will jump in the fire of Hell forever and ever eternally.” [9].

A Muslim scholar Nawawi said, “ in this statement a clarifying of offense prohibition of killing himself” [10]

5) Prohibition of killing the fetus (abortion):

God says in the Holy Qur’an: {And do not kill your children for fear of poverty. We shall provide for them as well as for you. Indeed the killing of them is great sin}[Isra:31]

In this verse, God prohibits the killing of children but there are some exceptions for this. For example, if there is a threat to the mother health or life then it is preempted.

[8] Gameaa Al.bayan (2/119).

[9] Sahih Muslim: Kitab al-Iman, chapter: 47

[10] explain Sahih Muslim (2/125).

However, the freedom is related to the right to life. Islam has granted this right to all people and that people are equal in this right.

Historically its been known that slavery existed before Islam and was not established by Islam. Yet Islam has condoned slavery in narrow conditions and extremely restricts it. The prophet Mohammed said, “God said: three I am their opponent at the day of Resurrection.” He mentioned one of them: “ A man sold a free man and ate its price.”

The last point comes with the right to life is the right to dignity:

There are many right that maintain the dignity to humans and I will mention some of them:

1) Prevention of insulting people and name-calling:

God says in the Holy Qur’an: {O you who believe let not a group scoff at another group; it may be the latter are better than the former. Nor let (some) women scoff at other women, it may be the latter are better than the former. Nor defame one another by nicknames. How bad is it to insult ones brother after having Faith…}[Closets: 11].

We can conclude from this verse that Islam has prohibited scoffing at others or any thing might hurt their feeling, because that could lead to animosities. This comes under the right to dignity.

2) The prohibition of backbiting:

God says in the Holy Qur’an: {O you who believe avoid much suspicion, indeed some suspicion are sins. And spy not, neither backbite one another. Would one of you like to eat the flesh of his dead brother? You would hate it…} [closets: 12]

In this verse, God forbids backbiting people and gave a disgusting imagery for backbiting to illustrate the ugliness of such acts.

3) The prohibition of irony:

God says in the Holy Qur’an: {O you who believe let not a group scoff at another group; it may be the latter are better than the former. Nor let (some) women scoff at another women, it may be the latter are better than the former. Nor defame one another by nicknames. How bad is it to insult ones brother after having Faith…}[Closets: 11].

This verse fights the causes of hostilities; insure a clean hearts and nicer community.

A Muslim scholar, Ibn jareer, said “ God forbade the believers that some of them makes fun of some others. That includes all the type of irony, its not permissible for believer to make fun of others neither because they are poor nor they commit a sin or whatever reasons.” [11].

4) The prohibition of spying on people to expose their secrets:

God says in the Holy Qur’an: {O you who believe avoid much suspicion, indeed some suspicion are sins. And spy not…} [closets: 12]

A Muslim scholar Ibn Battal said, in interpreting this verse, “ it is forbidden to spy which is searching the souls of peoples things.’’ [12].

5) The prohibition of evil thoughts on people:

God says in the Holy Qur’an: {O you who believe avoid much suspicion, indeed some suspicion are sins…} [closets: 12]

A Muslim scholar, Ibn Katheer said, “ God forbids believers from much suspicions, which is accusing family, relatives, and people is misplaced, because some of it is purely a sin. To avoid a lot of it is safer.”[13].

6) Save the Muslim his or her dignity even after his or her death:

The prophet Mohammed said, “ breaking the dead bone is like breaking it when alive.” [14]

[11] Gameaa Al.bayan (9/390).

[12] Explaination of Sahih Bukhari (9/209)

[13] Interpretation of the Holy Qur’an (4/227).

[14] Narrated by Abu Dawood in funerals, chapter the digger finds a bone (3207), and Ibn Majah in funerals, the chapter of forbidden to break the bones of the Dead (1616).

This Hadith maintains the sanctity dignity of the people after death remains, as they were a live.

7) To hasten the processing of the Dead:

A Muslim scholar Ahmad said: “the dignity of the dead to be accelerated" [15]

However, these are just a few examples of some acts that Islam has forbid or command to do in order to maintain the right to life, freedom, and dignity.

Second: the right of religiosity:

God says in the Holy Qur’an: {there is no compulsion in religion. Verily, the right path has become distinct from the wrong path. Whoever disbelieves in Taghut (anything worshipped other than the real God (Allah) and believes in Allah, then he has grasped the most trustworthy handhold that will never break. And Allah is All-Hearer, All-Knower.} [Al-Baqarah (the cow): 255].

This verse means that there is no compulsion in religion to whoever has any divine religion rather than Islam, and that Islam has acknowledged them to have the right to follow the religion which they have chosen for themselves.

In another verse God says: {Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes - from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly.}[Almomtahenah: 8].

This verse demonstrates that God loves those who treat people nicely and justly and command Muslims to do so.

Third: the right to education:

[15] Mughni (3/366).

The right to education in Islam reflected through many points, including:

1) The enticement in education:

God says in the Holy Qur’an: {and it is not proper for the believer to go out to fight (jihad) all together. Of every troop of them, a party only should go forth, that they (who are left behind) may get instruction in (Islamic) religion, and that they may warn their people when they return to them, so that they may beware (of evil).} [Altawbah (Repentance): 122

A Muslim scholar, Son of Saadi, said: "In this particular verse the virtue of all sciences especially in religion, and that the most important things" [16].

Muawiyah (a companion of the prophet Mohammed), may Allah be pleased with him, said: “I heard the Prophet, peace be upon him, and said: “ whoever God want a good for him, educate him in religion.” [17].

2) Assigned a time for learners:

A Muslim learner, Abu Wael, said: ”Abdullah (A Muslim scholar) was educating people in every Thursday, a man said to him: “O father of Abd al-Rahman, I would love that you remind us every day.” He said: “what prevents me from doing so that I hate to bother you, and I do as the Prophet, peace be upon him was doing with us. He hates that we get bored from lectures.” [18].

3) Prohibition of concealment of science:

God says in the Holy Qur’an: {indeed, those who conceal what we sent down of clear proofs and guidance after we made it clear for the people in the Scripture – those are cursed by Allah and those who curse.} [Al-Baqarah (the cow): 159].

[16] Tayseer Karim Rahman (p. 312).

[17] Narrated by Bukhari in science, the chapter of God to do good Rulings in religion (71).

[18] Narrated by Bukhari in science, the chapter of the scholars assigning education days (70).

This is a severe threat to those who conceal what came by the Apostles from people to know.

4) Educate the family:

The prophet Mohammed said, “ three have double reward, and he mention one of them. “a man who possesses a slave-girl and teaches her manners, educates her well, and frees her and then marries her.” [19].

A Muslim scholar, Alhafiz, said: "from this Hadith we can conclude that it is commendable to educate a slave girl, thus it is preferable to educate your family who are much important” [20].

From this, Hadith, we can understand that the prophet Mohammed has emphasized the importance of education for the entire society membership.

5) The Women's right to education:

A Muslim companion, Ibn Abbas, said: “Once Allah's Messenger came out while Bilal was accompanying him. He went towards the women thinking that they had not heard him (i.e. his sermon). So he preached to them and ordered them to pay alms. (Hearing that, the women started giving alms; some donated their ear-rings, some gave their rings and Bilal was collecting them in the corner of his garment.” [21].

A Muslim scholar, Alhafiz, said: "from this, Hadith, we can conclude, that it is commendable to educate women not only by homeschooling, but also through outside resources.” [22].

It is been clear that Islam has encouraged women education, and has granted them this right. For example, the first university under the Islamic law was founded in 859, in Morocco (Fatima Al-Fihri University). This is reflecting the beauty of women’s rights in Islam before the new world started to call for it.

[19] Narrated by Bukhari in science, chapter the man education of his slaves and his family (97).

[20] Fath al-Baari (1/229).

[21] Narrated by Bukhari in science, the chapter of the greatness of Imam women and their education (98).

[22] Fath al-Baari (1/232).

It is been clear that Islam has encouraged women education, and has granted them this right. For example, the first university under the Islamic law was founded in 859, in Morocco (Fatima Al-Fihri University). This is reflecting the beauty of women’s rights in Islam before the new world started to call for it.

Fourth: the right to know the truth:

One of the rights, which insured to all under Islamic law, is the right to know the truth. Islam has prohibited preventing people from receiving this right, command to defend this right, and to break down all the barriers that may stand against it.

Islam has decided that in many ways, such us:

1) The prohibition of mixing truth with falsehood:

God says in the Holy Qur’an: {and mix not truth with falsehood, nor conceal the truth}. [Al-Baqarah (the cow): 42].

In this verse, God clearly forbids mixing truth with falsehood.

2) The prohibition of concealment the truth:

God says in the Holy Qur’an: {and mix not truth with falsehood, nor conceal the truth}. [Al-Baqarah (the cow): 42].

A Muslim scholar, Ibn Abbas, said: “ do not conceal the truth when you know it.” [23].

A Muslim scholar, Ibn Kathir, said: “ God forbids both mixing, and hiding the truth. God order to show, and declare the truth.” [24].

A Muslim scholar, Son of Saadi, said: “ God forbids people from two things, mixing truth with falsehood, and conceal the truth. The purpose of that, people of knowledge must distinguish truth, and show it to guide those who are misguided. God has clarified, and explained his

[23] interpretation of the Holy Qur'an (1/88).

[24] Tayseer Karim Rahman (p. 33).

verses to distinguish the right and wrong.} [25].

3) Opening diligent field for scholar, and hard-working reward:

The prophet Mohammed said, “ when a judge utilizes his skill of judgment and comes to a right decision, he will have a double reward, but when he uses his judgment and commits a mistake, he will have a single reward.” [26].

A Muslim scholar Shafei said, “the wrongful judge get reward, but not rewarded for his mistake, because no one ordered to do mistake in religion, but he get reward because his will to the right that he missed.” [27].

4) The legitimacy of the debate and argument with proof to clarify the right:

Islam has recognized the right to debate in order to reach the truth for all people.

Fifth: the right to own and dispose:

The right to own property means the recognition of the right of private property for a person to enable the owner to; of dispose of something, take advantage of it, and exploit it. Originally this focused on objects, then to Intellectual property, as well.

The property historically was over money, which is one of the five basic necessities in Islam, and money is one of the mainstays in life. [28].

The property originally to God, and he granted us the rights to own it:

God says in the Holy Qur’an: {believe in Allah, and his messenger (Mohammed), and spend of what whereof God has made you trustees…} [Alhaded (the Iron): 7].

[25] Tayseer Karim Rahman (p. 33).

[26] Narrated by Bukhari Book 19, Hadith 1856.

[27] statement of science collector & its Virtues (2/884).

[28] Human Rights Muhammad Zoheily (p. 305).

A Muslim scholar, Qurtubi, said: “ this verse is a proof that God has made us trustees on his property, and people not more than a representatives or an agents for God. Thus, take advantage of that, and use it in a way that pleases God.” [29].

Sharia hated the accumulation of funds only in hands of a class of people:

God says in the Holy Qur’an: {what Allah gave as booty (Fai’) to his messenger (Mohammed) from the people of townships, it is for Allah, his messenger, the kindred (of messenger Mohammed), the orphans, the poor, and the wayfarer, in order that it may not become a fortune used by the rich among you…} [Hashr: 7].

A Muslim scholar Qurtubi said: “ God wanted the money to be divided not only between the rich and powerful, but also including the poor and vulnerable.” [30].

The sanctity of property:

God says in the Holy Qur’an: {and eat up not one another’s property unjustly (in any illegal way), nor give bribery to the rulers (judges before presenting your cases) that you may knowingly eat up a part of the property of others sinfully.} [Al-Baqarah(the cow): 188]

A Muslim scholar, Ben Achour, said: “eating up people’s property means to take it unjustly. This eating has three degrees:

The first degree: what all the scholars agreed on, because it is obviously injustice, such us unlawfully seized property, theft and deception.

The second degree: what the Islamic law describes as unknowingly eating up a part of the property of others such us usury, bribery, and selling of spoiled fruits that seems bad for sale. The third degree: what the Muslims scholars have agreed in considering it a type of injustice eating.” [31].

[29] The provisions collector of Quran (17/238).

[30] The provisions collector of Quran (16\18).

[31] Tafseer Altahreer & Altanweer (85/28).

Penalties legislation in the attack on the property:

God says in the Holy Qur’an: {and (as for) the male thief and the female thief, cut off (from the wrist joint) their (right) hands as a recompense for that which they committed, a punishment by way of example from Allah. And Allah is all-powerful, All-wise.} [Almaedah: 38].

A Muslim scholar, Son of Saadi, said: “the wisdom behind the hand cutting in theft is to save the money and to deter the people from doing so, and to cut off the organ which committed the crime.” [32].

The restrictions and controls over the right of ownership:

1- In terms of sources: The ownership of anything must arise by lawful reasons, and if not then Islam does not recognize it as a property; but such as stolen money.

Moreover, Islam orders to return or seize the unlawful property, and to give it back to the lawful owner, and if there was no owner, then to be deposit into the Muslims house of money.

2- In terms of money investment.

Islam has allowed all the type of investment with some legitimate restriction within the Islamic law. Basically, Islam keens on the interests of society before individuals’ interests. For example, Islam forbids the interest on the debt (usury), gambling clubs business, the sale of drugs, and the use of alcohol. However, Islam commanded a certain amount of money (Zakat) for the benefit of poor people, and indigents (2.5 % to be paid yearly if you posess a certain amount of money, and more under some conditions). Also, the inadmissibility of commandment more than a third in order to preserved the right of the heirs to two-thirds.

3- In terms of consumption:

Islam orders a moderation in spending without extravagance or miserliness. Moreover, Islam

[32] Tayseer Karim Rahman (p. 193).

forbids spending the money in anything that the Islamic law forbid, such us spending the money on drugs, and alcohol.

God says in the Holy Qur’an: {and those who, when they spend, are neither extravagant nor niggardly, but hold a medium (way) between those (extremes).} [Al-Furqan: 67].

4- Islam authorized the expropriation of property if necessary for the public interest, with a fair compensation to the owner, such us the expropriation of property to expand the highway.

Sixth: the right to work:

God says in the Holy Qur’an: {God has made the earth subservient to you; so walk in the path thereof and eat of His provision. And to him will be the Resurrection.} [Almolk: 15].

A Muslim scholar, Ibn Kathir, said: “ this verse means; to travel wherever you want to seek all the types of gains and trades.’’[33].

The prophet Mohammed said, “It is better for any of you to take a rope and cut some wood (from the forest) and carry it over his back and sell it, to preserve his dignity (as he is earning his own living), rather than ask a person for something and that person may give him or not.” [34].

The warning from eating the wages of workers:

The prophet Mohammed said, “Allah, the Exalted, says: 'I will contend on the Day of Resurrection against three (types of) people: One who makes a covenant in My Name and then breaks it; one who sells a free man as a slave and devours his price; and one who hires a workman and having taken full work from him, does not pay him his wages.” [35].

This Hadith clarified the stern warning of eating workers wages.

[33] interpretation of the Holy Qur'an (4/424).

[34] Narrated by Bukhari in Zakat.

[35] Narrated by Bukhari in the sales, chapter of the sin to sold a free (2227).

The freedom to work:

Every human being has the right to work what he wants, earn from legitimate ways, and has the right to choose the work time for worker. There is no restriction over the freedom of work, but general restrictions in the Halal (actions do not conflict with the teaching of Islam) ,and Haram (actions conflict with the teaching of Islam), within the legal provisions, and the work not to lead to damage to third parties.” [36].

Chapter three: the international concept of human rights:

Every individual has a right to certain human rights by his or her humanity. However, the roots of human rights lie in documents and earlier traditions of many cultures all over the world. According to Forsythe, human beings acquired their responsibilities and rights through group memberships, states, community, classes, religion, indigenous nation or family. [37]. Moreover, the golden rule, “do unto others what you would want them to do to you.” [38] is the tradition that facilitated human rights’ observation in most societies. Simply said, every society possesses some particular systems and practices of justice and propriety that induce interpersonal care concerning welfare and health of their members.

“Before the birth of the United Nations, there were documents asserting human rights, such as the English Bill of Individual Rights (1689), Bill of Rights, the US Constitution (1791), and Magna Carta (1215).”[39]. Unfortunately, these documents had some shortcomings as they excluded several political and religious groups, economies, people of certain races and women.

“In this light, the oppressed groups of people throughout the world draw the principles of the

[36] Human Rights Muhammad Zoheily (p. 286).

[37] David Forsythe P., Human Rights in International Relations (Cambridge: Cambridge University Press, 2000), 176.

[38] Thomas Draper, Human Rights (New York: H.W. Wilson, 1982), 165.

[39] David Tanenhaes S., Encyclopedia of the Supreme Court of the United States (Detroit: Macmillan

above documents to initiate and support the revolution of the rights to self-determination.”[40]. Further, Tanenhaus explains that the establishment of the United Nations and the human rights law internationally possesses an important historical precedent.[41]. Clear evidence is in the 19th-century efforts to control and limit the war horrors and slave trades. “In 1919, particularly, several countries came up with International Labour Organisation (ILO) to protect workers and oversee treaties. However, the mission of the organisation failed as the United States retreated from joining the movement, and the league did not prevent Japan’s invasion of Manchuria (1931), as well as Ethiopia’s attack by Italy (1935). The organisation, at last, fell with the beginning of the Second World War (1939).” [42].

“After the Second World War, the idea of human rights emerged. Hence, the governments committed themselves in the establishment of the United Nations with the initial goal of preventing conflicts and promoting peace across the world. By so doing, people wanted to make sure that not a single person would ever be denied shelter, food, freedom and life unjustly.” [43].

Upon the creation of the United Nations, all nations promised to uphold respect of human rights of all. The UN, created a Commission of Human Rights and gave it the mandate to draft and compile the document with the elaborate explanation of the fundamental freedoms and rights. “In 1948, the 56 members of the UN adopted the Universal Declaration of Human Rights (UDHR).”[44].

Sources of International Human Rights

Since this past, individuals have used treaties or compacts to enter into formal relationships

[40] Fred Ramen, The Right to Freedom from Searches (New York: Rosen Pub. Group, 2001), 192.

[41] Draper, Human Rights, 167.

[42] Ibid

[43] David Forsythe P., Human Rights in International Relations (Cambridge: Cambridge University Press, 2000),176.

[44] Tanenhaus, Encyclopedia of the Supreme Court, 97.

among themselves. Over time, there have been developed the means by which such relationships occur. Essentially, the traditional practices make up the modern international law including domestic law and doctrines governing culture, trade, diplomatic relations and security. Unlike the domestic legal system, in international human rights law, there is no a single enforcing institution or legislature. In this respect, it is also important to note that the establishment of the international law is only done with the consent of the states, which depend on self-enforcement. However, these laws have several sources, and the states commit to them in different degrees.[45]. Specifically, the sources include international conventions, international customs, general legal principles and the subsidiary.

International Conventions

Admittedly, the international conventions comprise the treaties which appear in the form of contracts between states. Generally, treaties are binding by law and impose mutual obligations on the parties involved in that particular contract. “The human right treaties make obligations on states with respect to the way in which a particular jurisdiction deals with people. Hence, a treaty is the primary stage of the formation of any international human right law. To date, more than forty conventions have been adopted. Additionally, the human rights treaties have several titles including protocol, convention, and covenant.”[46].

International Custom

International law based on custom has an important function in the human rights law. Customary international law consists of the statutes of the courts of justice commonly referred to as the general practice recognised as law. “For a customary law to be an international doctrine, it must cover a wide consensus regarding applicability and content.”[47].

[45] Rahman Chowdhury A., An Introduction to International Human Rights Law. (Leiden: Brill, 2010), 92.

[46] Jack Donnelly, International Human Rights (Boulder, Colo: Westview, 1993), 75.

[47] Forsythe, Human Rights in International Relations, 188.

The law grounded on custom is binding on all states regardless of whether they have approved any relevant treaty or not. In addition, most of the human rights doctrines and practices have become part of customary international law and are practiced subsequently, hence be came part of the law governing all states. “The general comment 24 (1994) comprises the rights assumed to belong to the international law that is binding to all the nations.”[48].

General Principles of Law

Notably, the general guiding principles are of the essence in the application of an international and national law. “International law, in this context, is a judicial reasoning logical proposition that has origin in the international law existing segments. In fact, these general legal principles take an essential position in case law concerning human rights.”[49]. An elaborate example is an assumption of the proportionality which guides in the mechanism of supervisions employed in assessing the justification of human rights interference. Therefore, the application of general principles of law owes itself to the fact that there is no legislation that can provide answers to every possible situation that arises. “As a result, there is a need of rules of law that facilitate decision makers, judicial branches, and the members of the executive to agree on the issues at their disposal.” [50]. The general principles have two functions including guiding the judges and limiting the judges’ discretionary power.

Subsidiary Means for Determination of Rules of Law

Article 38 of the international justice court’s statute explains that judicial teachings and decisions of most publicists are the means of determining the rule of law; thus, this source is an informal source of law.

[48] Tanenhaus, Encyclopedia of the Supreme Court, 97.

[49] Donnelly, International Human Rights, 78.

[50] Chowdhury, An Introduction to International Human Rights Law, 47.

“Although Article 38 confines the statutes of international justice courts to the international decisions, the national human rights tribunals are also subsidiary sources of law.”[51].

Other Contributions to Standard Setting

“Numerous international bodies make decisions concerning human rights and, hence, strengthen the body of human rights standards internationally. Such instruments of human rights are nonbinding and are considered a soft law. These instruments, thus, do shape the state’s practice and also reflect and establish an agreement of experts and states on the interpretation of certain standards.”[52].

The Right to Freedom

A right is a fundamental normative rule concerning what is owed or allowed to people with consideration of some ethical theory, social convention or legal systems. “Rights are of great importance in the study of such disciplines as ethics and law. More so, they are considered fundamental to the establishment of culture and societal pillars through civilization.” [53]. Through the advancement of rights, the history of social misunderstandings and conflicts is well traced in the historical stages of each right. “Tanenhaus in his “Philosophical Encyclopaedia” explains that rights have a primary role in structuring the morality, contents of law, as well as a form of the government.”[54].

On the other hand, freedom is one’s right or power to speak, think or act. The state of being free is the condition of one not being enslaved or imprisoned. Free people can, correspondingly, move easily and are unrestricted by any factor. “Every individual has a right of being unrestricted in possession, movement, speech and other fundamental acts that are essential and

[51] Ibid, 52.

[52] Ramen, The Right to Freedom from Searches, 197.

[53] Ibid.

[54] Tanenhaus, Encyclopedia of the Supreme Court, 117.

unavoidable for their survival.” [55]. Thus, the states have a legal duty in ensuring that there exists no unfair bondage of human beings under their legal jurisdiction.

Freedom to Establish Family Relationship

Right to marry is the fundamental aspect of establishing the right to privacy, identity, association, and liberty. Since 1888, the US Supreme Court states that marriage is a fundamental and an essential right to all people. In this case, the court also stands for a person’s right to make his or her choices on matters relating to marriage. “The due process clause, hence, protects the liberty that is of essence to the happiness of all men.”[56].

The law is currently under the 14th Amendments against the State’s disrespect, disregard and unwarranted usurpation.

Freedom of Religion

The freedom of belief is also the freedom of religion. Freedom of belief is a principle that advocates for the right of a community or an individual to manifest belief or religion in observance, worship, practice and teaching. “The freedom to religion also incorporates an individual’s right not to follow a religion, as well as the right to change it.” [57]. “Apostasy, the right to discontinue membership in a religious group, is part of the religious freedom as per Article 18 of the United Nations’ Universal Declaration of Human Rights 1948. In essence, religion is a fundamental right to human as per the UN.” [58]. “A nation which has a state religion implies that the ruling government allows religious practices of other religious sects; besides, the national religion and the believers of another faith area are not persecuted.” [59].

[55] Jacqueline Langwith, Human Rights (Detroit, Mich: Greenhaven, 2008), 227.

[56] Noe Merino, Marriage (Farmington Hills, MI: Greenhaven, 2009), 37.

[57] Van De Beek A., Freedom of Religion (Leiden: Brill, 2010), 139.

[58] Peters Julie, Women's Rights, Human Rights: International Feminist Perspectives (New York: Routledge, 1995), 234.

[59] Van De, Freedom of Religion, 123.

The Right to Own Property

“The right to own property is a human right that in most cases is rare.”[60]. The Universal Declaration of Human Right Article 17 recognizes the right to property despite the International Political and Civil Rights Covenant ignoring it. “The right to property owes to the fact that individuals gain property ownership through hard work. Hence, people commit some of their earnings in property ownership and forego a significant degree of consumption.”[61]. Thus, not a single individual has the right of denying another the privilege of enjoying fruits of his or her sweat. Accordingly, the national government has an obligation of securing this right to its citizens.

Chapter four: Comparison of Human Right in Islam and in the International Human Rights Laws:

1- In terms of precedence and enforceability:

It was the favor for the Islamic law to start on the concept of Human Rights before all the conventions, international declarations, and conventions in dealing with human rights. Islamic Human Rights law has establish for more than four centuries ago. On the other hand, the laws that brought by the Universal Declaration of Human Rights, subsequent international agreements, and laws accepted by the Charter of the United Nations are only repeating some of what has been guaranteed by Islamic Sharia law in this matter.

Human Rights, which we calls for protecting and respecting it, has been approved and sanctified by Islam fourteen centuries ago. Islamic Law has proceeded to pass a Human Rights Law before the eighteenth century, which count as the century of human rights.

[60] Forsythe, Human Rights in International Relations, 187.

[61] Ramen, The Right to Freedom from Searches, 233.

Human rights as described in Islam are non-adjustable, not able to be deleted, and not able to misrepresent. However, they are binding legislated by Islamic Law, and no one can exceed them. Human rights in Islam are immune against any well of community or individual to waive. On the other hand, as for the legal value of the Universal Declaration of Human Rights, it is merely a statement issued by the United Nations non-binding to all except for who ratified it. However, some countries are manipulating the meaning of the law languages to escape the penalty of doing so. For example, the usage of phosphor missiles is internationally forbidding, but there are some countries who are using the phosphor in different weapons which have the same effect arguing that is not a phosphor missiles. The point here, it is easy for countries to manipulate the language of the international law. On the other side, the Islamic law is solid and unable to manipulate, the purpose of the law is what matters it regulate, not the law it self. It is clear that human rights in the international covenants are a recommendation or moral terms in general, while in Islamic Human rights laws it is a duty enjoying guarantees and immunity, not merely recommendations or moral terms. Public authority in Islam has the right to compel the implementation of this duty, contrary to the concept of these rights in international conventions where it is hard to be forced.

2- In terms of depth and comprehensiveness:

Human Rights in Islam are deepest, and more comprehensive than man-made human rights. While Human rights in Islam sourced from the Quran, and the Sunnah of the prophet Mohammed, the sources of human rights in international laws and conventions from human thought. Human beings making mistakes, and affected by human nature, including of weaknesses, deficiencies, the inability to recognize things, and cover matters wisely.

If the human charters have secured certain rights, the sources of Human Rights in Islam, the

[62] The human rights of Zahila (p. 181).

Quran and the Sunnah encompassed all types of rights that insured by God to his creation.

3- In terms of protection and guarantees:

International Human rights are lacking in the necessary laws to protect them from violation. By reference to the Universal Declaration of Human Rights adopted by the United Nations in 1948 we find that it did not specify the means and safeguards to prevent any attack or violation on human rights. In particular what it means and guarantees on a global level.

The declaration also, included a warning from circumventing the texts or ill-interpreted without specifying a penalty for the violation, and also included the formation of a human rights commission that study the reports of States Parties on the procedures to secure the rights prescribed, and receive notifications submitted by a State party against the other on the performance of one of its obligations under the convention under certain conditions.

In view of the international protection of human rights we find it attempts did not reach the extent of implementation, which is based on two things:

1. Trying to agree on the basis of general recognizing among all nations (International customary law).

2. Trying to put binding sanctions condemns the states that violate human rights.

Most of what was issued by the United Nations organizations and bodies on human rights carries the character of recommendations or nothing more than ink on paper manipulated by the framers, as dictated by their passions and desires. [63].

In Islam, Muslims have adopted in the field of protection of human rights on two fundamental foundations, namely:

1. The establishment of Islamic rules, as the most important objectives of the establishment of

[63] The human rights of Hakal (p. 161).

legal provisions in Islam to maintain the rights of all individuals.

2. Achieve absolute justice that God commanded the prophet Mohammed, and emphasized in the Holy Quran and Sunnah.

God says in the Holy Qur’an: {Indeed, Allah orders justice and good conduct and giving to relatives and forbids immorality and bad conduct and oppression. He admonishes you that perhaps you will be reminded.} [Alnahel (Bees): 90]

In this verse an important Islamic base where God commands Muslims to be justice and deal with good conduct toward all people, and forbids immorality and bad conduct also in everything.

A Muslim scholar, Son of Attiya, said: " Justice is doing all obligations and duty with good conduct for people in performing of secretariats, leave injustice, fairness and give the rights for all people" [64].

God says in the Holy Qur’an: {Allah commands you to give back the trusts to their rightful owners, and when you judge between people, judge with fairness. Surely, excellent is the counsel, which Allah gives you. Allah is He who hears and observes all.} [Alnisaa(Women): 58].

In this verse God repeated the command of being justice and deal with good conduct with all people as in many other places in the Holy Qur’an.

[64] The human rights of Zahila (p. 169).

Conclusion

After this brief comparison between Human Rights in Islamic Law and Human Rights under the International Law I came to this conclusion. Human Rights in Islam are comprehensiveness of all types of Human Rights, and not able to misrepresent. However, when we compare Islamic Human Right law to the International Human Rights Law in terms of enforceability, we can come to the understanding that Islamic Human Rights Law is absolutely able to be enforcing with many guarantees while International Human Rights law is merely a statement issued by the United Nations non-binding to all except for who ratified it. On the other side, the Islamic law is solid and unable to manipulate, the purpose of the law is what matters it regulated or the matter that been secured, not the law it self. It is clear that human rights in the international covenants are a recommendation or moral terms in general, while in Islamic Human rights laws it is a duty enjoying guarantees and immunity, not merely recommendations or moral terms. Public authority in Islam has the right to compel the implementation of this duty, contrary to the concept of these rights in international conventions where it is hard to be forced and able to be manipulated. Moreover, in terms of depth and comprehensiveness Human Rights in Islam are deepest, and more comprehensive than man-made human rights. Quran and the Sunnah encompassed all types of rights that insured by God to his creation. Furthermore, Islam has insured the most five valuable rights for any human beings, which are the five necessities in Islam; religion, life, mind, honor and property. They are considered to be five necessities in Islamic Human Rights law granted to all human beings. In contrast, International Human Rights law is still developing and does not cover all types of rights. The last comparison point is in terms of protection and guarantees. Islamic Human Rights law is solid and unable to manipulated more than International Human Rights Law. The Islamic Human Rights Law is unable to be misrepresented and it language is clear. In view of the international protection of human rights we find it attempts did not reach the extent of implementation. Finally, my aim from this research is to enhance and strengthen the International Human Rights Law by implementing some of the fundamental Islamic Human Rights Law principles. Furthermore, I wish from those who are interested in Human Rights to take advantages of the Islamic Human Rights Law to reach a common ground of peace and harmony in the world.

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