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Human Rights Before And After Islam
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Introduction and background.
Human rights has become one of the most complicated and complex challenge and issue for the twenty first century (Haneef, 2016). The Islamic culture has granted some fundamental human rights for the entire humanity, without discrimination based on any situation or background. The Western Countries claim to have been the founders of human rights after which the rest of the society or people of the globe are blessed with human rights (Kirk, et al. 2016). The major question that comes up is whether human rights absolute and bestowed on men of God, or they are causative of the development in the society, or created from within the society itself?
The history of human rights before and after Islam is one of the complicated issues that allows revisitation of the origin and development of the Islamic religion, and what happened in the course of time (Kirk, et al. 2016). More importantly, it provides a window for understanding the origin and development of Islamic values such as social justice and peace as enshrined in the teachings of the Quran and prophet Mohamad. Therefore, we go back to understand from the beginning, the history of Islam. Despite claims about the authenticity and reliability of earlier historians and their sources, Islam originated in Medina and Mecca at the beginning of the 7th century.
The next century, the Islamic empire expanded from the region of Iberia in the west traversing the region of Indus River in the east (Kirk, et al. 2016). What most people, historians, human rights activities and the society has overlooked is the fact that the religious traditions of the Islamic culture has addressed the issue of human rights in totality, the same as Christianity and other religions. The Islamic model of human rights has a particularly striking rigor, relevance and vision to the modern society (Haneef, 2016). The distinguishing and outstanding feature of human rights and entitlement in the Islamic culture is that they have been a natural outcomes of a broader practice of their faith, social behaviour, and deeds; and the fact that Muslims believe that they have been divinely mandated to observe humanity and human values. The final prophet of Islam, the famous Muhammad, established the very initial or first Islamic society which eliminated the social and spiritual problems that were characteristic of the Arabian Peninsula (Kirk, et al. 2016).
With the coming of the final prophet, human rights advancements was increased and widened. Freedom of religion started in the region of Medina; women received respect and honour as equals; racial discrimination was practically eliminated. Additionally, with the arrival of Prophet Muhammad, the constant tribal clashes and conflicts was immediately replaced with united coalitions and ties of brotherhood; alcohol and usury were completed dropped and forbidden (Kirk, et al. 2016). The success was not only in political perspectives but also in the spiritual dimension. The strength of Islam went from one height to a higher strength.
Human rights before Islam or Pre-Islamic Approach towards human rights.
There have been several assumptions concerning the Pre-Islamic law because of several discrepancies in fathoming how the law was passed and enacted in the Arabian communities and society as a whole (Wotipka, & Ramirez, 2008). The tribe was considered the functional unit of the Arabian society and was composed of people who had strings or connections to common relatives. Because of the alienation according to tribe, human rights was not an important component of the society. As a matter of fact, within the tribe setting, females had no or very little rights in dictating who they were to marry (Wotipka, & Ramirez, 2008).
As a matter of fact, no protection was offered to the woman if she was maltreated by the husband. This was a disastrous and poisonous society for the women. First, they would be forced into a marriage. A husband was allowed to beat the crap out of them and the tribe did not intervene (Wotipka, & Ramirez, 2008). When it came to matters touching on women, it is almost similar to a lawless society where the husbands could do anything they pleased and got away with it. The tribe in itself was unified by a mutual understanding of informal and spoken laws or rules (Wotipka, & Ramirez, 2008). The informal rules were subject of enforcement by the tribal leader, who was not chosen by the people, but rather instituted due to injury.
The leader was of great assistance in mediating issues related to the new rules to govern the society. It is important to note here that in the process of coming up with these rules, women were not given an opportunity to show or voice their concerns (Wotipka, & Ramirez, 2008). During the pre-Islamic centuries like between 3500 and 3000 BCE, the city-stated were populated by individual tribes who changed continually who possessed the authority to dictate other people (Wotipka, & Ramirez, 2008). Much of these developments took place because of the tribal warfare which occurred among the tribes. As the power of the government continued to be replaced and overturned, the legislations towards women became further limiting with time.
For some time the husbands were allowed to pawn their children and wives, pull their hair or beat them mercilessly without any penalties for such inhumane actions. Veiling is another issue that tormented several women during the pre-Islamic laws (Wotipka, & Ramirez, 2008). The legislations on veiling were overly strict that intolerable consequences were pushed and enacted towards these women. Some of the consequences included the cruelty of chopping women’s ears off or beating them. Slaves and prostitutes on the other hand were prohibited from veiling (Wotipka, & Ramirez, 2008).
Concepts similar to human rights may have several precursors in the Islamic theology and philosophy, but human rights still lack the precise equivalents in jurisprudence (Wotipka, & Ramirez, 2008). Before the arrival of Prophet Mohammad, social evils against humanity was a normality especially in the Islamic parts of the society (Wotipka, & Ramirez, 2008). The arrival of Muhammad therefore had very significant changes to Islamic religion both in terms of their spirituality but also the well-being of mankind. Historians generally believe that mighty and last prophet, as he is usually described in the Quran preached against oppression in areas such as social security, the rights of ethnic minorities, slavery and slave trade, and family structures.
These teachings were aimed at improving the way of living of the present day Arab and its occupants. Religion has been a great spiritual system with every religion of the world having general values or principle, which are shared in the world for the sake of the society’s welfare (Wotipka, & Ramirez, 2008). The teachings of all the leaders or prophets are almost similar not only in matters of belief but also with high regards to dignity and honor of human beings (Tolaymat, & Moradi, 2011). Therefore it is okay to mention that glimpse of the issue of human rights existed since the ancient times as different sectors had explored that the pre-Islamic cultures and religions have contributed very little towards the advancement of the human rights in the form of morality (Wotipka, & Ramirez, 2008).
However Islam being the last revealed culture and religion provides a comprehensive, more balanced and complete concept of human rights and has been treated as a component of human faith. Islam has been the first religion in the world’s history representing the comprehensive and complete idea of human rights (Wotipka, & Ramirez, 2008). The concept of human rights according to the Islamic culture and society is based on the concept of equality of mankind and dignity (Tolaymat, & Moradi, 2011). According to Islam the Almighty Allah made humanity the crown of the earth and hence has conferred many rights on mankind in political, social, economic, legal and moral field of life. In the real sense, the Mighty Allah has given the charter of human rights in the design of the Quran.
According to several sources of historical information, Khadija, who was the first wife of Prophet Muhammad, was such a prosperous business lady who proposed to her husband, as opposed to the norm of the husband being proposed to. Many questions arise from that description (Wotipka, & Ramirez, 2008). Women during the Pre-Islamic Arabia, according to the traditional Islamic narrative did not have any rights. These women were not treated as equal to men and were therefore dictated under strict patrilineal systems. They were treated and objects and hence subjected to constant humiliation.
More importantly, women during this time had no or little control over their families and marriages and hence were prohibited from inheriting any property (Dunkel, Davidson, & Qurashi, 2010). In the family set up, the role of women was solely child bearing despite the fact that they did not have any rights to the same children they were supposed to take care of. When a female child was born, the husband and the rest of the family, especially the males considered such a development a disgrace to the entire family.
The development of human rights after Islam.
Over the years, Islam has continued to lay down fundamental and universal rights for humanity as a whole, which are to be respected and observed under all conditions and circumstances (Tolaymat, & Moradi, 2011). The fundamental rights form the basis of the Islamic belief and since they were divinely ordained. According to the Quran and several Islamic teachings, the development of human rights are considered an advancement of the Islam religion and hence are religious obligations, which implies that it falls under the shoulder of every Muslim as an obligation to protect such rights and restore them in case of violation (Wotipka, & Ramirez, 2008). The Islamic culture and religion declares equality to all human beings before its code of law.
The legal and judgement penalties of inequality are applicable to all classes and races of people without any distinction, and without any group, any person or any nation acquiring privilege or immunity (Wotipka, & Ramirez, 2008). With the advancement of these teachings, Islam went ahead to condemn the abuse of authority, position and power and therefore commands humanity to assist the oppressed even with the use of influence and force if and when necessary (Dunkel, Davidson, & Qurashi, 2010). Every individual under the Islamic culture and in Islamic societies regardless of their religious affiliation or faith, social status or position have several immutable rights (Wotipka, & Ramirez, 2008).
The contribution of Islam to human rights can only be appreciated when looked at against the backdrop of the global history and the realities of the modern society. Despite the massive success that has been achieved in the discipline of human rights in different parts of the world including the United States of America, religious, gender, racial and social inequalities continue to plaque the society (Wotipka, & Ramirez, 2008). Even in the most mature democracies like the United States, Western Europe and some parts of Asia, gross violation of human rights still persist, but it also important to mention that great strides have been achieved in ensuing equality of all persons before the eyes of the law and the social constructs of the society (Wotipka, & Ramirez, 2008).
The social and economic disparities have led to oppression of the lower classes, racial prejudices have been the reason for enslavement and subjugation of people with darker skin. One of the most common aspect of human rights for women is being weighed down by attitudes that are considered Chauvinistic (Dunkel, Davidson, & Qurashi, 2010). The pervasiveness of attitudes concerning religious superiority have largely contributed to the expansive persecution of people with different belief. When considering the major question of human rights and the Islamic culture, it is imperative to distinguish the divinely prescribed Islam rights from possible misapplication and misinterpretation by imperfection in human beings (Dunkel, Davidson, & Qurashi, 2010).
Just like the western societies continue to fight against discrimination and racism, many Muslim communities struggle in the full implementation of human rights as described in Islam. After the Islamic culture dawned the society in the beginning of the 7th century, members of the movement started advocating for some fundamental rights that will be described in detail as we progress (Dunkel, Davidson, & Qurashi, 2010). After Islam, there was a lot of campaign for dignity and equality. According to the Quran and teachings of the Islamic origin, there has been a lot of campaign for dignity and equality.
Human rights in Islam originate from two foundational concepts or principles; equality and dignity (Dunkel, Davidson, & Qurashi, 2010). As the Islamic culture progressed and advanced like we have seen it in the past, there has been a lot of fighting for fundamental right of every person simply by the virtue of their humanity (Dunkel, Davidson, & Qurashi, 2010). Through the expansive and progressive advancement of Islamism, the diversity of humanity in several ethnicities and races has been widely considered a testament of God’s wisdom and majesty. Therefore discrimination and racial superiority is prohibited in Islam and largely contradicts the very essence.
In the fight towards equality and equity in the United States, the black community was hard lined on racial discrimination. Most people think that it started from the American society. This is however not the truth. The fight for equality and fight against discrimination started in the Muslim community, with Prophet Muhammad playing a significant role .The concept of discrimination and racial superiority is well exemplified in the final sermon that Prophet Muhammad. In that sermon, the prophet claims that no Arab has any superiority than any Arabs. In the same way he claimed that any non-Arab does not have any superiority over Arabs (Wotipka, & Ramirez, 2008).
He focused extensively on the concept of equality towards one another, one of the principles that has heavily influence the United States as a society in the modern developments. Muhammad further addressed the equality of white men over the blacks (Dunkel, Davidson, & Qurashi, 2010). He claimed that no white person had any superiority over black persons. From the concept of equality, Muhammad stressed that all of us are children of Adam and it is Adam who was created right from clay. Prophet Muhammad drafted the Constitution of Medina also described as the Charter of Median in 622 (Wotipka, & Ramirez, 2008).
The constitution made a formal agreement between him and all of the significant families and tribes of Yathrib including pagans, Jews and Muslims. The constitution was drawn up with the explicit concern of creating a solution that would bring to an end the bitter intertribal feud between the clans of Khazraj and Aus within the Medina families (Wotipka, & Ramirez, 2008). To this effect, the drafted document created several responsibilities and rights for the Muslim, the pagan and Jewish communities of Medina. The constitution created the security of these communities, the freedom to choose which religion to belong to and the security of the women.
More importantly, the agreement created a lot of institutions in these communities that would later be responsible for the protection of human rights (Wotipka, & Ramirez, 2008). For instance, a system for granting individual protection, a tax system for supporting the communities in times of conflict, and a judicial system for resolving any arising conflicts (Rehman, 2014). Muhammad then made it the duty of the Islamic government to provide basic needs such as food and clothing, to the captives on a reasonable basis regardless of their religious affiliations. Even in the modern society, the Muslim community has been in the forefront of social services and compassion activities aimed at improving the lives of those who are unable to fetch for themselves.
Muhammad, the prophet, also ensured that any prisoner who would be in the custody of a person was made the responsibility of that person (Rehman, 2014). According to Lewis, Islam established two significant changes to ancient slavery and slave trade which had far reaching effects. The first major change and transformation was the presumption of freedom (Rehman, 2014). The second change which was a contribution of Islam back in the day was banning the enslavement of free people except in strictly described situations or circumstances. Reduction or banning of the slave trade would later be a key subject in the fight towards freedom in the American community (Rehman, 2014). The black community fought against slave trade, a fight which had been initiated by the Islam as a component of human rights protection.
After the passage of these two major changes, the position of the slave trade in Arab, commonly known as Arab trade significantly improved (Wotipka, & Ramirez, 2008). Esposito describes that several reforms in the rights of women affected inheritance, divorce and marriage. In other cultures as at that time, women were not given such legal status, including the western countries (Wotipka, & Ramirez, 2008). The Oxford Dictionary of Islam mentions that the overall improvement of the Arab women’s status included the prohibition of recognizing the full personhood of women and female infanticide. The dowry, which was known in the past as bride-price paid to the parents of the women to be married, became a normal nuptial gift retained by the wives as a component of their personal property.
Under the new Islamic regulatory establishment, the society did not consider marriage as a status any longer, but was deemed a contract (Wotipka, & Ramirez, 2008). As such, the consent of women was not only significant but also imperative. This was a positive change towards securing the rights of women in the Arab community. The change of the status of marriage was viewed as a positive move with regards to human rights and the protection of women. During the ancient times, as early as the 7th century, women were treated as objects even in the European countries. In what was considered a patriarchal society, women under the Islamic culture were given inheritance, which was rather considered undisputed rights for their male counterparts (Wotipka, & Ramirez, 2008).
Annemarie Schimmel mentioned that compared to the period before Islam and there position of women, Islamic laws meant huge progress; that women have rights according to the provisions of the legislation, to administer the wealth they have bought into their families or they have earned through hard work (Dunkel, Davidson, & Qurashi, 2010). William Montgomery supports the work that was done by Muhammad in protecting the rights of women as early as the end of the 7th century. He says that Muhammad could be seen as the important and outstanding figure who testified on behalf of the rights of women and contributed towards a lot of improvements in the society not only for women but also for Islamic legislation.
At the beginning of Islam, Montgomery mentions that the women’s conditions were horrible and terrible (Dunkel, Davidson, & Qurashi, 2010). They were not allowed to own any property, they were supposed to be possessed by men as their properties and when the male died, everything was given to the sons leaving the wife and the daughters in abject poverty (Dunkel, Davidson, & Qurashi, 2010). Women had no place in the society before and at the time of institution of Islam. However, by instituting rights of education, divorce, inheritance and property ownership, Prophet Muhammad gave several women who were oppressed certain basic safeguards.
Esposito and Haddad mentioned that Muhammad gave women privileges and rights in different spheres such as economic endeavours, education, marriage and family life. These rights greatly improved the status and condition of women in the society. However with the advancement of humanity and the role of women in the society, these gains have been eroded, with several questions being asked about the position of women in the society. Robert Bellah, a renowned sociologist remarks that Islam in the 7th century was very modern with high degrees of participation, involvement and commitment expected from the members of the community (Dunkel, Davidson, & Qurashi, 2010). He argues that this is largely attributed to the equality that has been enjoyed by Muslims especially during the time of Prophet Muhammad.
A lot of focus has been shifted towards the role of Islamism in women’s rights. During his day, Prophet Muhammad was considered a feminist (Dunkel, Davidson, & Qurashi, 2010). He laid a doctrine that revealed how much God was concerned about the improved status of women as early as the 7th century in Arabian countries. In the local pagan community or society, it was the custom to bury alive the unwanted female newborns, the introduction of Islam prohibited the custom or practice (Dunkel, Davidson, & Qurashi, 2010). Prophet Muhammad even went further to decree that sexual satisfaction was an entitlement to all women (Dunkel, Davidson, & Qurashi, 2010).
He was liberal in his home background as well as when on the pulpit. It has been documented that the prophet darned his own clothes and among his concubines and wives had a leatherworker, a worrier, an imam and a trader (Dunkel, Davidson, & Qurashi, 2010). The fact is, ancient advances does not mean that much to the females fourteen centuries later if reform is rather considered a process (Dunkel, Davidson, & Qurashi, 2010). There have been claims of oppression of women’s rights under the Islamic religion, but proponents of the religion argue against the oppression of women. The Europeans could not imagine how far Islam had gone to promote and give women a voice and a whole pack of rights.
The women were given bold words, words that have been aired or spoken several times, especially in the last three decades by Islamic writers, Muslim converts, educators and academics across the globe (Dunkel, Davidson, & Qurashi, 2010). Women’s rights, choices and responsibilities have become the subject of lectures, essays, articles and opinions. It is sad however that convincing the globe that Muslim women are not oppressed by their religion and the culture of Islam is a message that is not easy to pass across (Dunkel, Davidson, & Qurashi, 2010). Media headlines have been singing and screaming oppression, and to the Muslim women, the world of Islam and oppression has been linked inextricably.
No matter what Muslim women say or do out there, they can never convince the world that oppression is not within their ranks. Words or phrases such as Sharia, polygamy, burka and hijab seem to have been doing a little to convince people that Islam does not oppress women (Dunkel, Davidson, & Qurashi, 2010). Even the articulate and educated women fulfilling the modest components of hijab can do very little in dispelling the myths. Women who are believed to be conducting themselves with grace, function and decorum effortlessly in the modern world have their successes and achievements celebrated (Dunkel, Davidson, & Qurashi, 2010).
However, if women wear scarf, cover their hair of put their religion above worldly pursuits or concerns, they are immediately deemed oppressed (Dunkel, Davidson, & Qurashi, 2010). The most significant sign of faith amongst the Muslim women is the hijab or headscarf; this is the same garment that has been informing people’s opinion on the fact that Islam is oppressive to women (Dunkel, Davidson, & Qurashi, 2010). Despite the fact that Islamic educators or scholars unanimously confirm that modest head coverings and dress are obligatory in Islam, for a huge percentage of Muslim women around the globe, a decision to cover or not cover should be a free choice.
The women who decide to choose wear hijab view as their rights, but not as a burden as many have been viewing it (Tolaymat, & Moradi, 2011). Many people however describe the hijab as a liberation from the requirement to conform to the unrealistic images and stereotypes dictated by different sections of the media. Women have also been voicing their concerns on wearing the hijab (Tolaymat, & Moradi, 2011). For instance a document in the World Gallup Poll, called what women want: Listening to the voices of Muslim Woman, revealed that most women polled, in predominantly Muslim regions resented the absence of unity among the Muslim countries, economic and political corruption and violent extremism (Tolaymat, & Moradi, 2011).
Away from women’s rights and what the society has been treated to today, there are other areas of human rights that have seen a lot of improvements after Islam. The birthrights of life and security is such an area. After Islam, life has been treated as a sacred trust from God and therefore the most basic right of human beings (Haneef, 2016). The Quran established that no person is allowed to take the life of another person unless in stated circumstances. The freedom of belief has been widely advanced after Islam, without a lot of respect for those who choose which religion or belief they would wish to be identified with. Islam has also been pronouncing itself on the entitlement to justice and the right to basic standard of life. After Islam, all Muslims were required to possess the upright character in justly dealing with the entire humanity and human race, irrespective of creed, nationality and their ethnicity (Haneef, 2016). From these rights, a lot has been achieved after Islam.
References
Dunkel, T. M., Davidson, D., & Qurashi, S. (2010). Body satisfaction and pressure to be thin in younger and older Muslim and non-Muslim women: The role of Western and non-Western dress preferences. Body Image, 7(1), 56-65.
Haneef, S. S. S. (2016). Harmonization between Islam and International Human Rights: a critical analysis. IIUM Press.
Kirk, G. E. (2016). A short history of the Middle East: from the rise of Islam to modern times. Routledge.
Rehman, J. (2014). Islam and Human Rights: Is Compatibility Achievable between the Sharia and Human Rights Law?. Browser Download This Paper.
Tolaymat, L. D., & Moradi, B. (2011). US Muslim women and body image: links among objectification theory constructs and the hijab. Journal of Counseling Psychology, 58(3), 383.
Wotipka, C. M., & Ramirez, F. O. (2008). World society and human rights: an event history analysis of the convention on the elimination of all forms of discrimination against women. The global diffusion of markets and democracy, 3096, 303-343.
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