The thought of Imam Ali

Therefore, as we can see the reality or the nature of the world in these narrations has been described such as: passage, a house of vanity, and deception etc. The human beings have not been created for this rather for the Hereafter; they have come here to nourish their humanism through knowledge and deeds and to arrange provisions for their eternal journey.

 

Written for (Malik) al-Ashtar an-Nakhari

Written for (Malik) al-Ashtar an-Nakhari,

when the position of Muhammad ibn

Abi Bakr had become precarious, and

Amir al-mu'mitftn had appointed

al-Ashtar as the Governor of Egypt and

the surrounding areas; it is the longest

document and contains the greatest

number of beautiful sayings.

In the Name of Allah, the Compassionate, the Merciful

This is what Allah's servant 'Ali, Amir almu'minin, has ordered Malik ibn al-Harith alAshtar in his instrument (of appointment) for him when he made him Governor of Egypt for the collection of its revenues, fighting against its enemies, seeking the good of its people and making its cities prosperous.

He has ordered him to fear Allah, to prefer obedience to Him, and to follow what He has commanded in His Book (the Qur'an) out of His obligatory and elective commands, without following which one cannot achieve virtue, nor (can one) be evil save by opposing them and ignoring them, and to help Allah the Glorified, with his heart, hand and tongue, because Allah whose name is Sublime takes the responsibility for helping him who helps Him, and for protecting him who gives Him support.

He also orders him to break his heart off from passions, and to restrain it at the time of their increase, because the heart leads towards evil unless Allah has mercy.

The qualifications of a governor

and his responsibilities

Then, know O' Malik that I have sent you to an area where there have been governments before you, both just as well as oppressive. People will now watch your dealings as you used to watch the dealings of the rulers before you, and they (people) will criticise you as you criticised them (rulers). Surely, the virtuous are known by the reputation that Allah circulates for them through the tongues of His creatures. Therefore, the best collection with you should be the collection of good deeds. So, control your passions and check your heart from doing what is not lawful for you, because checking the heart means detaining it just half way between what it likes and dislikes.

Habituate your heart to mercy for the subjects and to affection and kindness for them. Do not stand over them like greedy beasts who feel it is enough to devour them, since they are of two kinds, either your brother in religion or one like you in creation. They will commit slips and encounter mistakes. They may act wrongly, wilfully or by neglect. So, extend to them your forgiveness and pardon, in the same way as you would like Allah to extend His forgiveness and pardon to you, because you are over them and your responsible Commander (Imam) is over you while Allah is over him who has appointed you. He (Allah) has sought you to manage their affairs and has tried you through them.

Do not set yourself to fight Allah because you have no power before His power and you cannot do without His pardon and mercy. Do not repent of forgiving or be merciful in punishing. Do not act hastily during anger if you can find way out of it. Do not say: "I have been given authority, I should be obeyed when I order," because it engenders confusion in the heart, weakens the religion and takes one near ruin. If the authority in which you are placed produces pride or vanity in you then look at the greatness of the realm of Allah over you and His might the like of which might you do not even possess over yourself. This will curb your haughtiness, cure youself of your high temper and bring back to youself your wisdom which had gone away from you.

Beware of comparing yourself to Allah in His greatness or likening yourself to Him in His power, for Allah humiliates every claimant of power and disgraces every one who is haughty.

Do justice for Allah and do justice towards the people, as against yourself, your near ones and those of your subjects for whom you have a liking, because if you do not do so you will be oppressive, and when a person oppresses the creatures of Allah then, instead of His creatures, Allah becomes his opponent, and when Allah is the opponent of a person He tramples his plea; and we will remain in the position of being at war with Allah until he gives it up and repents. Nothing is more inducive of the reversal of Allah's bounty or for the hastening of His retribution than continuance in oppression, because

Allah hears the prayer of the oppressed and is on the lookout for the oppressors.

Ruling should be in favour of

the people as a whole

The way most coveted by you should be that which is the most equitable for the right, the most universal by way of justice, and the most comprehensive with regard to the agreement among those under you, because the disagreement among the common people sweeps away the arguments of the chiefs and can be disregarded when compared with the agreement of the common people. No one among those under you is more burdensome to the ruler in the comfort of life, less helpful in distress, more disliking of equitable treatment, more tricky in asking favours, less thankful at the time of giving, less appreciative of reasons at the time of refusal and weaker in endurance at the time of the discomforts of life than the chiefs. It is the common people of the community who are the pillars of the religion, the power of the Muslims and the defence against the enemies. Your leanings should therefore be towards them and your inclination with them.

The one among the people under you who is furthest from you and the worst of them in your view should be he who is the most inquisitive of the shortcomings of the people, because people do have shortcomings and the ruler is the most appropriate person to cover them. Do not disclose whatever of it is hidden from you because your obligation is to correct what is manifest to you, while Allah will deal with whatever is hidden from you. Therefore, cover shortcomings so far as you can; Allah would cover those of your shortcomings which you would like to remain under cover from your subjects. Unfasten every knot of hatred in the people and cut away from yourself the cause of every enmity. Feign ignorance of what is not clear to you. Do not hasten to second a backbiter, because a backbiter is a cheat although he looks like those who wish well.

About counsellors

Do not include among those you consult a miser who would keep you back from being generous and caution you against destitution, nor a coward who would make you feel too weak for your affairs, nor a greedy person who would make beautiful to you the collection of wealth by evil ways. This is because although miserliness, cowardice and greed are different qualities, yet they are common in having an incorrect idea about Allah.

The worst minister for you is he who has been a minister for mischievous persons before you, and who joined them in sins. Therefore, he should not be your chief man, because they are abettors of sinners and brothers of the oppressors. You can find good substitutes for them who will be like them in their views and influence, while not being like them in sins and vices. They have never assisted an oppressor in his oppression or a sinner in his sin. They will give 

you the least trouble and the best support. They will be most considerate towards you and the least inclined towards others. Therefore, make them your chief companions in privacy as well as in public.

Then, more preferable among them for you should be those who openly speak better truths before you and who support you least in those of your actions which Allah does not approve in His friends, even though they may be according to your wishes. Associate yourself with God-fearing and truthful people; then educate them, so that they should not praise you or please you by reason of an action you did not perform, because and excess of praise produces pride an drives you near haughtiness.

The virtuous and the vicious should not be in equal positions before you because this means dissuasion of the virtuous from virtue and persuasion of the vicious to vice. Keep everyone in the position which is his. You should know that the most conducive thing for the good impression of the ruler on his subjects is that he should extend good behaviour towards them, lighten their hardships, and avoid putting them to unbearable troubles. You should therefore, in this way follow a course by which you will leave a good impression with your subjects, because such good ideas will relieve you of great worries. Certainly, the most appropriate for a good impression of you is he to whom your behaviour has not been good.

Do not discontinue the good lives in which the earlier people of this community had been acting, by virtue of which there was general unity and through which the subjects prospered. Do not innovate any line of action which injures these earlier ways because (in that case) the reward for those who had established those ways will continue but the burden for discontinuing them will be on you. Keep on increasing your conversations with the scholars and discussions with the wise to stabilise the prosperity of the areas under you, and to continue with that in which the earlier people had remained steadfast.

The different classes of people

Know that the people consist of classes who prosper only with the help of one another, and they are not independent of one another. Among them are the army of Allah, then the secretarial workers of the common people and the chiefs, then the dispensers of justice, then those engaged in law and order, then the payers of head tax (jizyah) and land tax (kharaj) from the protected unbelievers and the common Muslims, then there are the traders and the men of industry and then the lowest class of the needy and the destitute. Allah has fixed the share of every one of them and laid down His precepts about the limits of each in His Book (the Qur'an) and the sunnah of His Prophet by way of a settlement which is preserved with us.

Now the army is, by the will of Allah, the fortress of the subjects, the ornament of the ruler, the strength of the religion and the means of peace. The subjects cannot exist without them while the army

can be maintained only by the funds fixed by Allah in the revenues, through which they acquire the strength to fight the enemies, on which they depend for their prosperity, and with which they meet their needs. These two classes cannot exist without the third class namely the judges, the executives and the secretaries who pass judgements about contracts, collect revenues and are depended upon in special and general matters.

And these classes cannot exist except with the traders and men of industry, who provide necessities for them, establish markets and make it possible for others not to do all this with their own hands. Then is the lowest class of the needy and the destitute support of and help for whom is an obligation, and everyone of them has (a share in) livelihood in the name of Allah. Everyone of them has a right on the ruler according to what is needed for his prosperity. The ruler cannot acquit himself of the obligations laid on him by Allah in this matter except by striving and seeking help from Allah and by training himself to adhere to the right and by enduring on that account all that is light or hard.

1. The Army

Put in command of your forces the man who in your view is the best well-wisher of Allah, His Prophet and your Imam. The chastest of them in heart and the highest of them in endurance is he who is slow in getting enraged, accepts excuses, is kind to the weak and is strict with the strong; violence should not raise his temper and weakness should not keep him sitting.

Also associate with considerate people from high families, virtuous houses and decent traditions, then people of courage, velour, generosity and benevolence, because they are repositories of honour and springs of virtues. Strive for their matters as the parents strive for their child. Do not regard anything that you do to strengthen them as big nor consider anything that you have agreed to do for them as little (so as to give it up), even though it may be small, because this will make them your well-wishers and create a good impression of you. Do not neglect to attend to their small matters, confining yourself to their important matters, because your small favours will also be of benefit to them while the important ones are such that they cannot ignore them.

That commander of the army should have such a position before you that he renders help to them equitably and spends from his money on them and on those of their families who remain behind so that all their worries converge on the one worry for fighting the enemy. Your kindness to them will turn their hearts to you. The most pleasant thing for the rulers is the establishment of justice in their areas and the manifestation of the love of their subjects, but the subjects' love manifests itself only when their hearts are clean. Their good wishes prove correct only when they surround their commanders (to protect them). Do not regard their positions to be a burden over

them and do not keep watching for the end of their tenure. Therefore, be broad-minded in regard to their desires, continue praising them and recounting the good deeds of those who have shown such deeds, because the mention of good actions shakes the brave and rouses the weak, if Allah so wills.

Appreciate the performance of every one of them, do not attribute the performance of one to the other, and do not minimise the reward below the level of the performance. The high position of a man should not lead you to regard his small deeds as big, nor should the low position of a man make you regard his big deeds as small.

Refer to Allah and His Prophet the affairs which worry you and matters which appear confusing to you, because, addressing the people whom Allah the Sublime, wishes to guide, He said:

O' you who believe! Obey Alldh and obey the Prophet and those vested with authority from among you; and then if

you quarrel about anything refer at to

Allah and the Prophet if you believe in

Alldh and in the Last Day (of Judgement)

... (Qur'an, 4:59)

Referring to Allah means to act according to what is clear in His Book and referring to the Prophet means to follow his unanimously agreed sunnah in regard to which there are no differences.

2. The Chief Judge

For the settlement of disputes among people select him who is the most distinguished of your subjects in your view. The cases (coming before him) should not vex him, disputation should not enrage him, he should not insist on any wrong point, and should not grudge accepting the truth when he perceives it; he should not lean towards greed and should not content himself with a cursory understanding (of a matter) without going thoroughly into it. He should be most ready to stop (to ponder) on doubtful points, most regardful of arguments, least disgusted at the quarrel of litigants, most patient at probing into matters and most fearless at the time of passing judgement. Praise should not make him vain and elation should not make him lean (to any side). Such people are very few.

Then, very often check his decisions and allow him so much. money (as remuneration) that he has no excuse worth hearing (for not being honest) and there remains no occasion for him to go to others for his needs. Give him that rank in your audience for which no one else among your chiefs aspires, so that he remains safe from the harm of those around you. You should have a piercing eye in this matter because this religion has formerly been a prisoner in the hands of vicious persons when action was taken according to passion, and worldly wealth was sought.

3. Executive Officers

Thereafter, look into the affairs of your executives. Give them appointment after tests and do not appoint them according to partiality or favouritism, because these two things constitute sources of injustice and unfairness. Select among them those who are people of experience and modesty, hailing from virtuous houses, having been previously in Islam, because such persons possess high manners and untarnished honour. They are the least inclined towards greed and always have their eyes on the ends of matters.

Give them an abundant livelihood (by way of salary) because this gives them the strength to maintain themselves in order and not to have an eye upon the funds in their custody, and it would be an argument against them if they disobeyed your orders or misappropriated your trust. You should also check their activities and have people who report on them who should be truthful and faithful, because your watching their actions secretly will urge them to preserve trust with and to be kind to the people. Be careful of assistants. If any one of them extends his hands towards misappropriation and the reports of your reporters reaching you confirm it, that should be regarded enough evidence. You should then inflict corporal punishment on him and recover what he has misappropriated. You should put him in a place of disgrace, blacklist him with (the charge of) misappropriation and make him wear the necklace of shame for his offence.

4. The Administration of Revenues

Look after the revenue (kharaj or land tax) affairs in such a way that those engaged in it remain prosperous because in their prosperity lies the prosperity of all others. The others cannot prosper without them, because all people are dependent on revenue and its payers. You should also keep an eye on the cultivation of the land more than on the collection of revenue because revenue cannot be had without cultivation and whoever asks for revenue without cultivation, ruins the area and brings death to the people. His rule will not last only a moment.

If they complain of the heaviness (of the revenue) or of diseases, or dearth of water, or excess of water or of a change in the condition of the land either due to flood or to drought, you should remit the revenue to the extent that you hope will improve their position. The remission granted by you for the removal of distress from them should not be grudged by you, because it is an investment which they will return to you in the shape of the prosperity of your country and the progress of your domain in addition to earning their praise and happiness for meeting out justice to them. You can depend upon their strength because of the investment made by you in them through catering to their convenience, and can have confidence in them because of the justice extended to them by being kind to them. After that, circumstances may so

turn that you may have ask for their assistance, when they will bear it happily, for prosperity is capable of bearing whatever you load on it. The ruin of the land is caused by the poverty of the cultivators, while the cultivators become poor when the officers concentrate on the collection (of money), having little hope for continuance (in their posts) and deriving no benefit from objects of warning.

5. The Clerical Establishment

Then you should take care of your secretarial workers. Put the best of them in charge of your affairs. Entrust those of your letters which contain your policies and secrets to him who possesses the best character, who is not elated by honours, lest he dares speak against you in common audiences. He should also not be negligent in presenting the communications of your officers before you and issuing correct replies to them on your behalf and in matters of your receipts and payments. He should not make any damaging agreement on your behalf and should not fail in repudiating an agreement against you. He should not be ignorant of the extent of his own position in matters because he who is ignorant of his own position is (even) more ignorant of the position of others.

Your selection of these people should not be on the basis of your understanding (of them), confidence and your good impression, because people catch the ideas of the officers through affectation and personal service and there is nothing in it which is like well-wishing or trustfulness. You should rather test them by what they did under the virtuous people before you. Take a decision in favour of one who has a good name among the common people and is the most renowned in trustworthiness, because this will be a proof of your regard for Allah and for him on whose behalf you have been appointed to this position (namely your Imam). Establish one chief for every department of work. He should not be incapable of big matters, and a rush of work should not perplex him. Whenever there is a defect in your secretaries which you overlook, then you will be held responsible for it.

6. Traders and Industrialists

Now take some advice about traders and industrialists. Give them good counsel whether they be settled (shop-keepers) or traders or physical labourers because they are sources of profit and the means of the provision of useful articles. They bring them from distant and far-flung areas throughout the land and sea, plains or mountains, from where people cannot come and to where they do not dare to go, for they are peaceful and there is no fear of revolt from them, and they are quite without fear of treason.

Look after their affairs before yourself or wherever they may be in your area. Know, along with this, that most of them are very narrow-minded, and awfully avaricious. They hoard goods for profiteering and fix high prices for goods. This is a source of harm

to the people and a blot on the officers in charge. Stop people from hoarding, because the Messenger of Allah (p.b.u.h.a.h.p.) has prohibited it. The sale should be smooth, with correct weights and prices, not harmful to either party, the seller or the purchaser, whoever commits hoarding after you prohibit it, give him exemplary but not excessive punishment.

7. The Lowest Class

(Fear) Allah and keep Allah in view in respect of the lowest class, consisting of those who have few means: the poor, the destitute, the penniless and the disabled, because in this class are both the discontented and those who beg. Take care for the sake of Allah of His obligations towards them for which He has made you responsible. Fix for them a share from the public funds and a share from the crops of lands taken over as booty for Islam in every area, because in it the remote ones have the same shares as the near ones. All these people are those whose rights have been placed in your charge. Therefore, a luxurious life should not keep you away from them. You cannot be excused for ignoring small matters because you were deciding big problems. Consequently, do not be unmindful of them, nor turn your face from them out of vanity.

Take care of the affairs of those of them who do not approach you because they are of unsightly appearance or those whom people regard as low. Appoint for them some trusted people who are Godfearing and humble. They should inform you of these people's conditions. Then deal with them with a sense of responsibility to Allah on the day you will meet Him, because of all the subjects these people are the most deserving of equitable treatment, while for others also you should fulfil their rights so as to render account to Allah.

Take care of the orphans and the aged who have no means (for livelihood) nor are they ready for begging. This is heavy on the officers; in fact, every right is heavy. Allah lightens it for those who seek the next world and so they endure (hardships) upon themselves and trust on the truthfulness of Allah's promise to them. And fix a time for complainants wherein you make yourself free for them, and sit for them in common audience and feel humble therein for the sake of Allah who created you. (On that occasion) you should keep away your army and your assistants such as the guards and the police so that anyone who likes to speak may speak to you without fear, because I have heard the Messenger of Allah (p.b.u.h.a.h.p.) say in more than one place, "The people among whom the right of the weak is not secured from the strong without fear will never achieve purity." Tolerate their awkwardness and inability to speak. Keep away from you narrowness and haughtiness; Allah would, on this account, spread over you the skirts of His mercy and assign the reward of His obedience for you. Whatever you give, give it joyfully, but when you refuse, do it handsomely and with excuses.

Then there are certain matters which you cannot avoid performing yourself. For example, replying to your officers when your secretaries are unable to do so, or disposing of the complaints of the people when your assistants shirk them. Finish every day the work meant for it, because every day has its own work. Keep for yourself the better and greater portion of these periods for the worship of Allah, although all these items are for Allah provided the intention is pure and the subjects prosper thereby.

Muslims Are Advised To Exhibit Good Behaviour

Towards The Religious Minorities

Muslims are strictly advised to regard and respect their obligations towards the Zemmi. They are advised to exhibit good behaviuor to them:

this is all based on the Quranic verses:

" And argue not with the people of the scripture unless it be in (a way) that is better, save with such of them as do wrong; and say: We believe in that which hath been revealed unto us and revealed unto you."(1)

The Prophet of Islam (S.A.W.) has issued orders about having gentle conduct with the Zemmi: "He who overcharges the one who enters into a contract I will reprimand him on the Resurrection Day."(2)

His Holiness adds: "He who persecutes the Zemmi is hated by me, and will be revenged on Doomes Day:'(3)

The Prophet of Islam (S.A.W) used to revere the dead of those who possessed the divine scriptures. Jabir b. Abd Allah said, "Once His Holiness stood up to show his politeness for a Jewish dead man whose corpse was escorted in a funeral. The Prophet (S.A.W.) said, "He is a human being just as we are. You must all stand up as soon as you see a funeral rite."(4)

The peaceful behaviour of the Prophet of Islam (S.A.W.) towards the Zemmi has been always served as an outstanding example for the Muslim followers.

His Holiness Ali (A.S.) who is known as the Commander of the Faithful has advised and ordered his representative as follows:

"Be careful not to take their clothes as tributes, though it might be summer at that time, and they may need them not. Put not on sale their provisions and their beasts of burden. I consent not that you whip them for a dirham (silver coin) or make them stand up on their feet!"

The representative said: "What would you say if I return unpaid being indigent as I am now?"

Ali (A.S.) replied "Woe! We are appointed to spread forgiveness and beneficence."(5)

Also, His Eminence Ali (A.S.) once saw an old Christian chap who was begging people to help him. His Holiness (A.S.) said to the people: "Behold! you people have exploited this Christian chap so much in his youth while you have abandoned him now that he is old and feeble." Ali (A.S.) then ordered to give the man a pension and provide his needs from the Muslims'treasury.(6)

The author of Al-Kharaj writes: "The Zemmi must not be beaten because of their shortcoming in paying tribute. They should not be kept in a standing posture in the sunshine. They are to be arrested and imprisoned until they pay the jiziyih, if they are rich enought to pay it "(7)

Most of the Islamic leaders used to display the generous spirit and behaviour based on the exalted teachings of Islam. The following is recorded in history:

Once Umar, the second caliph, saw an old man who was busy begging round the streets. He seemed to be distressed and afflicted. The caliph asked about him and was informed of his poor condition which was due to paying tributes and oldness. Umar took the indigent man to his own house, and gave him enough food and money to suffice for his sustenance. Then the caliph sent the poor man to the treasurer who was ordered to assist that man and the other needy ones. Umar added: "By God! We would not be just and honest if we exploit such people in their youth, and abandon them when they are old and indigent!"(8)

The officials who were on duty to collect the tributes were ordered to be kind to the Zemmi. They were advised to avoid any harshness in case the Zemmi denied to submit the Jiziyih.(9) Thus those who possessed the divine scriptures opened the gates of their towns to the Muslims who were sincerely received by the inhabitants of those towns and cities.

When the Muslim army, under the command of Abu Ubayd-Allah Jirah, reached the territories of Jordan, the Christians who lived there wrote a letter to the Muslims: "Behold you Muslims! you are more popular to us than the Romans.

Although they are our co-religionists you are more loyal, more tender and more beneficent."(10)

 

Now let us quote the Achbishop of Antioch who took refuge with the Muslims when he was fed up with the oppression of the Romans. He frankly says: "This is no doubt God's vengeance that released us from these ruthless Romans who demolished our churches."(11)

The inhabitants of the city Hams did not open the gate for Heraclius but they sent a message to the Muslim army stating that the Islamic justice was much better than the Romans'aggressions.(12)

Sir T.V. Arnold, the author of Invitation to Islam, writes; "All cities occupied by the Romans received the Muslim conquerors cordially. All this was due to the tenderness and forgiveness the people enjoyed; the new condition created by the Muslim combatants and something they (the people) had not experienced for years on account of some religious prejudice: They were free to practise their religious ceremonies within the framework of some useful regulations determined by Muslim authorities."(13)

Such a fellowship resulted in the creation of a secure and happy life for non-Muslim people who lived in the realm of Islam.

The Christians of Byzantine who were prosecuted by the official churches sought refuge in the Muslim territories. A Nestorian person appreciates the behaviour of the Muslims towards Christianity.(14) Here the Earl of Gobineau who is a celebrated erudite from the West says: "To study religion within its own limits would make it clear that Islam is an easy faith. No bigotry could be found in this divine religion:'(15) Forgiveness is therefore recommended for the Zemmi who are supposed to enjoy the fruits of the exalted teachings of Islam.

The Prophet's (S.A.W.) behaviour and Ali's (A.S.) conduct towards the Zemmi are the best examples that concern the above subject.

(1) Qoran al-Ankabut (29:46)

(2) Baladhri, p.167.

(3) Ruhul Din al_islami, p.250.

(4) See the reference to Sahih Bukhari in Sayyid Qutb's Islam and Peace In the World, p.250

(5) Nahj al-Balaghah, letter section

(6) Wasa'il al-Shia, (Book of Jihad), Ch.19, 1st Hadith.

(7) Abu Yusif, al-Kharaj, p.123.

(8) Islam wa Sulh Jihani, p.151

(9) Abu Ysif, p.143

(10) Tarikh Ibn Asakir

(11) al-Islam al-Alami Wa al-Islam, p. 158.

(12) Baladhri, pp. 146-167

(13) Sir T.V. Arnold, Invitation to Islam, quoted from Islam wa Humazisti masamlamat Amiz, p.168.

(14) Dr. abdul Husayn Zarinkub, Karnamih Islammp.14.

(15) Compte Joseph Arthur de Gobineau, Religions et Philosophies, p.24.

Freedom and its sources

 

 

The method adopted by Imam Ali in the matter of politics, rulership and administration of the State was based on the principle of the freedom of the people. (1) He had an ardent belief in this freedom which can be observed in all his actions. Whether he said something, or gave some orders, or prohibited some actions, whether it was at the time of peace or war, or made an appointment of a governor, and in whatever manner he treated the people or his children or worshipped God - his conduct was based on all such occasions on this freedom.

The question, however, arises as to why the people should be free, why they should work according to their will and determination. From where did they get the freedom and what are its limits? According to Ali the real cause of this freedom is the human society which must proceed on the path of blessedness and prosperity.

Freedom is the result of the mutual relations, sentiments and inclinations of the people. It has a close relationship with a few things which exercise great influence on it.

Reason and experience prove this thing and it has also been confirmed by Ali that the members of a society are inter-related with one another. This inter-relationship of theirs is on account of personal interests as well as national interests. (2)

It was the policy of Ali to reform these connections and ties, so that every person might lead his life in a better way. He provided opportunities to the people to utilize their freedom in the best possible manners and to discharge by means of this freedom the responsibilities which it is not possible to discharge without it.

In the first instance Ali made the people realize that to establish truth and to destroy falsehood is their own responsibility. They should get hold of their freedom, should not be subservient to the orders of the upper classes, and should neither betray the society nor be cruel to themselves. Throughout his life and before attaining to the caliphate, as well as thereafter, he explained to the people that they must discharge their duty to establish right and destroy falsehood.

Ali was endeavouring his best to provide means for the welfare of the people, and at the same time he was so severe in awarding punishment to the criminals that friends and foes were equal in his eyes in this matter and he did not observe leniency with anyone.

Ali was confident that his piety was known to all, and they were aware that he had no equal in the matter of piety, and he took from the world only as much as was sufficient for his living. The people also knew that the only purpose of his life was to establish truth and to help the needy and the oppressed, and that he did these things as a matter of duty and not to show kindness to others. He did not like to eat honey because he was afraid that there might be some persons among his subjects to whom even barley bread might not be available. He never wore fine dress, because there might be a member of the public who might not be having even coarse dress to wear. He did not like that the people should call him the Commander of the Faithful and he should not partake in their difficulties.

Ali kept himself free from all the pollution in which the rulers of those days were involved. He did not take advantage of his noble descent. He never coveted territory, high office or wealth. On no occasion did he display pride. He remained aloof from all irrational and worthless things. He never preferred his kinsmen and friends to others. He never nursed a grudge against his opponents, nor did he take revenge on anyone. He never did anything about whose goodness and correctness he was not sure. He did not say or think of anything which he did not like. He was indifferent to the things which he ate or drank, the dress which he wore, and the house in which he lived. He utilized these things only as much as they were absolutely necessary for him. He did not take anything from the public treasury to meet his personal' expenses, although he could take at least as much as the governors of the provinces did. Authentic narrations show that often he had to sell his sword, coat of mail and household articles to feed himself and the members of his family. However, he gave sufficient salaries to his governors so that they might not be obliged to take bribes or acquire money by unlawful means.

Ali kept himself free from all such bonds as might interfere with his administering justice between friend and foe. He has mentioned his own condition in this brief sentence. "Whoever forsakes desires remains free".

His piety was the piety of magnanimous persons. It was not tainted with any avarice. He had perfect faith in God and he acted according to his belief. There was no simulation of hypocrisy in his actions. His good deeds were not prompted by fear of Hell or desire for Paradise.

As regards the freedom of the common man its first stage is freedom of action. Imam Ali has given the body of the workers the same rank on earth as is enjoyed by the hearts of the righteous persons in Paradise i.e. this world welcomes the workers in the same manner in which Paradise remains ready to welcome the righteous persons. About the righteous persons he says: - "Their hearts are in Paradise and their bodies are busy doing work". (i.e. they do not attach their hearts with the worldly things).

He elevated the position of freedom and considered the work of a free person to be great. He had made it his principle not to compel any person to do any particular work, because any work which is not done voluntarily is dishonesty in freedom as well as in work.

He says:-"It is not my intention to compel any person to do a particular work". He prescribed award for making people do useful work and preserving freedom and deprived of reward a person who compelled others to work. He Says: "The canal belongs to one who dug it on his own accord and not to one who compelled others to dig it (or one who does not work on it)".

It appears necessary to mention an important point here. The word freedom as it was used in those days did not carry as vast a meaning as was attached to it by Ali. Others did not mean by it what Ali meant. In those days freedom was the opposite of slavery and freeman was the opposite of slave. Caliph Umar has said: "How did you make the people your slave when their mothers gave birth to them as freemen?"

When we ponder over these words and take into account the time and the conditions in which they were uttered by caliph Umar we clearly learn that by freeman he meant the opposite of slave i.e. one who cannot be bought or sold. However, during the modem times the words free and freedom do not carry the same sense in which they were used by caliph Umar. We hereby put forth another proof of our view. In the sentence quoted above caliph Umar has expressed annoyance for the people who had reduced their subordinates to slavery. He rebuked the powerful persons and told them not to consider the weak people to be slaves, because their mothers had given birth to them as free men. Caliph Umar did not tell the slaves that they were free and should not obey those who claimed, to be the masters of their slaves. In short, caliph Umar in his sentence has admonished the masters to give freedom to those subservient and weak persons.

According to Imam Ali the meaning of freedom is different from what is meant by caliph Umar and carries a much wider sense. In the first instance we reproduce below a clear remark of his on the subject and shall later reproduce his other remarks, recommendations and orders in support of our view.

As opposed to the remark of Umar he says: "Do not be the slave of anyone when God has created you free".

Caliph Umar had addressed the masters and told them to give freedom to their subordinates. He had not told the subordinates to decline to obey their masters. Ali, however, addresses the subordinates themselves and tells them to have self-reliance and a sense of freedom. He advises them to realize their right of freedom which is the essence of their being. He reminds them that God has created them as free beings and whatever they do or do not do should depend on this natural right of theirs.

By uttering this sentence Ali sowed the seeds of revolution in the hearts of those subordinates, and prepared them to fight against anything which might stand in the way of their freedom or involve them in perplexity.

The readers might think that there is not much difference between the remarks of caliph Umar and those of Ali, because Umar has addressed some particular person viz, the masters not to enslave the people whereas Mi has addressed all the people and told them that they are free. He has made their freedom dependent on their own intentions and not on the intentions of their masters so that they may keep them enslaved as long as they like and make them free as and when they (i.e. the masters) wish.

However, there is basically a great difference between these two remarks. Ali's sentence shows the deep insight which he had on the meaning of freedom. His sentence shows the reality that the fountain-head of freedom is the being of man himself. He has been born free and he himself should select his path of action and not that someone else should take pity on him and set him free.

This sentence of Au shows that he considered the freedom of man to be inherent and natural and all the actions of man are the outcome of this inherent and natural freedom. This freedom is free from all external influences. This freedom is enjoyed by him internally and not externally. It is like the light of the sun which cannot be separated from it. It is not like the light of the moon which declines.

Hence there is a real and basic difference between the sentences uttered by caliph Umar and Imam Ali. To one category belong the persons whose freedom depends on the will of others. This freedom is external and does not emerge from its own foutain-head. To the other category belong those free persons whose freedom depends on their nature. This is the real and true freedom. Such free persons act according to their reason and interests and do not do what they do not like. However, those whose independence depends on others are not subordinate to their own views and thinking.

The type of freedom which Imam Ali desired was the one on which human relations are based. It is this freedom by means of which the human beings can walk side by side with one another on the path of prosperity. It is this freedom which can bring a great civilization into existence.

As the freedom of the kind mentioned above was considered by Imam Ali to be the real freedom, all his orders were issued keeping this very freedom in view, and he also determined the human rights on that basis. We clearly find the observance of this principle in all his orders and regulations. He treated all the human beings to be equal in the matter of rights and responsibilities and did not fix any limit in this behalf. And if he did fix any such limits it was fixed keeping in view the interests of the public in general.

When we study the character of Imam Ali we clearly see that he did not violate this freedom in any of his laws, orders, rules and regulations and kept the public welfare in view in all his actions. He meted out equal treatment to his friends and foes. We have already mentioned that he did not compel any person to do any work against his will, nor did he allow forced labour. We have also said that he did not compel anyone to take the oath of allegiance to him. Those who declined to take oath of allegiance to him were no doubt wrong-doers, but he left them to themselves because he knew that their not taking the oath of allegiance would make no difference nor would the public interests suffer on that account. They refrained from taking the oath for quite a long time, but by doing so they did harm only to themselves.

He did not take any action against them so long as they did not prove harmful to the public interest. Addressing Mughira bin Sho'ba he said: "I permit you to do whatever you like about yourself".

It may also be mentioned that once Habib ibn Muslim Fehri approached him and said: "You should abdicate so that the people may select a caliph through a consultative council". Thereupon Ali replied: "What have you to do with this matter? You should keep quiet. Why do you speak about something with which you are not concerned at all".

Habib then stood up and said: "By God you will find us at a place which will not be to your liking".

The threat latent in Habib's words is quite clear. But what did Ali do? Did he also threaten him in a similar manner? Did he imprison him so that he might not be free to oppose him and might not instigate his tribe to rise against him?

Ali did note of these things. On the contrary he cast a glance at him and said like a man who fully believes in his own justice and who respects the freedom of others:

"Go and mobilize as many infantry-men and horsemen as you like. May not God keep me alive till the day when you should take pity on me".

Another proof of the full freedom allowed by Ali to the people is that many persons belonging to the Hijaz and Iraq went away and joined Mu'awiya, but he did not stop them, nor did he consider it necessary to keep them under observation. They were free men in his eyes and were free to adopt any course they liked. If a person chose the right path it was well and good, but if he decided otherwise the path to Damascus was open for him and Mu'awiya was awaiting such a person with his treasures. Hence, when Sehl bin Hanif Ansari, the Governor of Madina informed him that some persons had gone over to Mu'awiya he wrote to him in reply:

"I understand that some of the persons belonging to your area are secretly joining Mu'awiya. You need not worry at all about the number of people who have left, and the support, which has been lost. It is sufficient for their going astray and your being relieved of worry and sorrow that they are running away from truth and guidance towards ignorance and perversion. They are worldly people who are inclining towards the world and running to it. They recognized, saw, heard and learnt justice. They have understood very well that here all are treated to be equal in the matter of rights and are, therefore, running away towards the place where discrimination is practiced. By God they have not run away from injustice and have not joined justice and we hope that God will make easy every difficulty which is involved in this matter, and will make the stony land level for us".

Another proof of the fact that Ali believed in the complete freedom of the people is provided by his treatment of the Kharijites. One group of the Kharijites was that which had rebelled openly and it was these people most of whom were put to sword in the Battle of Nahrawan. However, there were others who held beliefs common with the Kharijites but they considered it expedient not to rebel, and were mixed up with the people of Kufa. Imam Ali behaved kindly towards the Kharijites of the second category and did not permit his companions to contend with them. He also gave these Kharijites pensions as much as to the Muslims and had allowed them to go freely wherever they liked.

His way of action was based on perfect freedom i.e. all human beings are free and may do whatever they like and love or hate whomsoever they wish. However, none was permitted to harm the people or to create mischief on the face of earth. If anyone indulged in mischievous activities he was not spared and was punished for the crime committed by him.

Once a Kharijite named Khareet bin Rashid came to Mi and said to him: "By God I shall not obey you and shall not offer prayers with you".

Imam Ali did not interfere with him and left him free to do whatever he liked.

After some time Khareet collected a number of men and revolted against him. Even then Ali did not prevent the persons who deserted him and joined Khareet, from doing so, although he could stop them from joining Khareet. However, when those persons took undue advantage of this freedom and began committing robberies and murders he sent his army and suppressed them.

The thing which is most surprising is that even at the most delicate moments of his period Ali paid due respect to human freedom and never violated it. This he did because he considered freedom to be the most important thing for humanity.

He did not detract from this freedom even when campaigning against the Nakitheen, Qasiteen and Mariqeen who had appropriated large tracts of land to themselves and were the sworn enemies of Ali.

It was permissible according to every law and religion to fight against such persons and every person with sound judgment would have treated such a fight to be a just one.

In the circumstances it was necessary for Ali to mobilize his supports and march to join battle with the enemy. However, Ali did not compel any supporter of his to partake in a battle, whether he was his kinsman or someone else. Although he was the caliph and possessed authority, but he did not compel his companions to render material or spiritual assistance, because in whatever manner he might have resorted to compulsion it would have been opposed to the freedom in which he believed. (3)

Imam Ali performed his duty by showing them clearly the true path and appealing to their intellect and reason. He put forth arguments regarding his being correct so that whoever liked it might recognize his right, and support him, and whoever did not like it might oppose him in spite of knowing the truth.

He prayed for the welfare of those who responded to his call and praised them. As regards those who did not respond to it he warned them about their mistake by tendering them advice. Whoever a person was and wherever he was, was free. Ali did not compel anyone and did not consider compulsion to be proper.

He never liked that anyone should join him without proper reflection and faith and knowledge. He did not compel anyone to enlist himself in his army to fight in the Battles of the Camel, Siffin and Nahrawan for if he had so desired he would have filled the plains and mountains with soldiers.

Ali knew very well what freedom is and what its ins and outs are. He explained it by his words and actions and observed it in his behaviour towards the people. He kept the principle of freedom in view in eradicating the evils from the society, in enforcing the religious law, in mobilizing the forces, in ruling over the people, in making recommendations and tendering advice, and, in short, in everything. Every day of his life provided a fresh proof of the fact that man's right of freedom deserves to be respected provided that it does not mar the freedom of the public at large and this is the real meaning of freedom.

 

Individual freedom

The Imam's treatment of others and his behaviour towards them was based on their freedom.

Man's conscience should take decisions according to its own determination and with freedom. The means are themselves effective without external effects. The external impediments prevent them to some extent from becoming effective. Collective activities are correct only when they conform with the principles of a free conscience and with the (4) natural laws which are themselves free. Man is free fundamentally. A free being possesses feelings. He thinks with his own power, speaks with authority and acts with his determination. To place him under compulsion would, in fact, amounts to finishing his very being. Hence it will be permissible to curb a person's freedom only when it is permissible to kill him. (5)

If you wish to restrict the light of the sun and draw a curtain before it as a consequence whereof it cannot make the opposite things hot and bright, you in fact extinguish its light. If you are able to restrain the air from blowing you in fact annihilate the air. Similarly if you deprive the waves of the rivers, the flowers of the deserts, the birds in the air and all other things available in this world from performing their natural functions it is as good as your having destroyed them. Same is the case with man and to deprive him of freedom amounts to killing all human beings. (6)

This was the conception of freedom in the eyes of the Imam and this was how he reached its depths. He mentioned freedom with his tongue as he understood it and also acted according to it. Every deed of his was correct according to his own views and beliefs as well as according to those of others. The laws of nature as well as the interests of the society support them.

Ali's words and actions which we have studiedthoroughly go to show how he guided the people to do everything with their determination and free will. In fact there was a point which he always kept in view and it was the freedom of the individuals in such a manner that the freedom of others was not hurt.

 

A group of the old Greek philosophers and some European philosophers of the middle Ages kept only the individuals freedom in view and did not attach any importance to public interests and national freedom. There was also another group which took only the collective interests into account and did not favour individual freedom and rights. They considered pressure upon the people and subjecting them to forced labour to be lawful. However, Ali took individuals freedom and collective interests into account in such a way that neither of them might be hurt and made them compatible with each other so that an individual might take care of collective interests with his own free will and free efforts of the individuals might be in the national interests. He declared that the individuals were for the nation and the nation was for the individuals. We shall continue this discussion so that the matter may become perfectly clear.

We shall now see how he co-ordinated the freedom of the individuals with the public interests.

Mi knew that as the individuals are the members of the nation they should apply their freedom to matters which might not hurt the interests of the nation. Here freedom does not mean general license. On the contrary it should be coupled with the faith and sense of responsibility, and man should consider it his duty to take the public interests into account along with his own freedom.

Ali did not say like other philosophers that human freedom was limited, but said something deeper and did not fix any limit for freedom. His remark is much more valuable and sublime than those of others, and shows that he was much superior to others in understanding the spiritual mysteries of man and the social rules and regulations.

He inculcated in the hearts of the people the belief in freedom, and added to it the belief that every person has some responsibilities which he must fulfil. The proof of this policy of his is that a canal in a village was filled with dust and became useless and some persons who wanted to restart it approached the governor of the area to compel the people to work on it, but the Commander of the Faithful strictly prohibited it and said: "They may work of their own free will and take wages for that. As regards the canal it belongs to the person who works on it of his own accord and considers himself responsible for the result".

Ali accorded respect to the freedom of the working class more than one thousand years ago, and Rousseau, the famous French writer was inclined to remark thus about two centuries ago: "Respect for mankind and philanthropy oblige us to say that we should consider our subordinates to be human beings like the intelligent people even though they may be untrained and ignorant".

The principles set forth by the Imam make it necessary that determination and authority should be limited within their own bounds and authority should be coupled with belief in responsibility. Hence duty and responsibility do not hurt authority and will but support them.

Responsibility alone is not sufficient for the performance of good deeds until determination and authority are also responsible. Responsibility is proportionate with authority. The greater the authority and determination the heavier will be the duty and responsibility.

Responsibility is related with authority in the same way in which it is related with intellect and conscience. A person whose power of thinking is paralyzed and who cannot distinguish between good and evil and whose intellectual capabilities are out of order cannot be held responsible for any action. Similarly a person who has been deprived of his freedom and authority cannot be8 subjected to any responsibility. Freedom, authority and mental awakening make a person distinguish between good and evil and carry out his responsibilities as a matter of necessity.

It was on this account that Ali ordered his governors and other officers to release the people from captivity and remove the heavy chains from their hands and feet so that they might do useful deeds for the nation of their own free will, because so long as they were not independent they would be helpless, and helpless persons are under no responsibility. They do not consider themselves to be responsible and do not, therefore, do good deeds, because good deeds can be done only with freedom of thought. The actions of those who do not possess free will are not their own. They are the actions of the government which are performed through them. Their determination is weak and their strength is wasted on inappropriate occasions.

Notes:

1-The author of the book has proved in this chapter that the political freedom which exists in the advanced nations of today is the same freedom which prevailed during the period of the caliphate of Imam Ali. There is no sign of such freedom in the governments which existed earlier than the caliphate of Ali.

2- In the terminology of the western philosophers, freedom means the same thing which is meant by the following belief of the Muslims:- "None is permitted to compel another to do a particular work or to appropriate his property without his permission~~. These philosophers believe that the cause of every oppression is deprivation of the human beings of their freedom and the murders, robberies and other crimes are its consequences. They say that freedom and self-determination are the inherent properties of man in the same manner in which heat is the inherent property of fire.

3- Even today the westerners are unaware of the freedom which was al1owed by Imam Ali, as has been explained by the author, although some social experts like Rousseau have mentioned it in their books and endeavoured to make people believe in it. Some persons may possibly think that the penal laws of Islam contradict the claim of the author and also that the Muslims do not consider it permissible that someone should apostatize from Islam or use indecent words about God or the prophets. Drinking of wine was punished during the caliphate of Ali as well as other caliphs, purchase and sale of intoxicants was treated to be a crime and the apostates were executed. Such persons may, therefore, ask as to where the freedom exists.

The reply to what the author wishes to prove is that all these things (viz, punishment for apostasy and other crimes) are correct. However, the freedom which is praiseworthy and which was supported by Ali is not the freedom enjoyed by a person to appropriate his property and use it as he likes and to adopt the occupation which he desires. In short Ali believed in political and social freedom.

All Muslims agree that drinking wine and apostasy are crimes. Now when these acts are, crimes from the social point of view how can freedom to commit them be commendable? Hence if Imam Ali had given freedom to the people to commit these crimes his act would have been opposed to the divine commands as well as to the freedom of the people. If caliph Abu Bakr and Umar had not fought against the apostates they would have opposed the majority, of the Muslims. Even now some parties in various countries are declared to be unlawful, because many people consider the views, and beliefs of these parties to be crimes. Similarly apostasy is a crime according to the Muslims, because it certainly creates trouble in the society.

4- The author proves in this chapter that the individual should, while enjoying freedom, have regard for national interests and should perform all those acts with their determination, free will and choice which are useful for the people and should avoid harmful acts, so that freedom should be confined to one's own freedom and should not result in placing others under compulsion and captivity.

5- By this statement the author wants to prove that the point of view of the socialists that government should monopolize all activities and should not leave anyone free on the ground that in various matters the people look after their personal interests and do not care for national interests is not correct. The opponents of this school of thought say that no interest is higher than freedom and after curbing their freedom the people cannot be provided with any bounty which might equal it. They also say that every kind of blessing and advancement of industry and trade can be achieved in a better way by means of freedom. As we can very well observe abundant facilities are available in free countries and the number of scholars and skilled persons available there is also larger. The workers in such countries live in comfort and the rate of crime there is very low so much so that in many of those countries no criminal case is registered for years.

6- The mischievous and sensual persons also say that freedom is something respectable and the nation should set them free to indulge in their sensual activities and to bring up the children and young men in an irreligious atmosphere. They should be told that the freedom demanded by them is a crime and if they are given this licence, others whose number is thousands of times larger than theirs, will be deprived of their freedom.

 

The Voice of Human Justice, by George Jordac.

Freedom in the Islamic Framework of Human Rights, With Special Reference to the Nahj al-Balaghah

Freedom

In the Nahj al-Balaghah Imam Ali (a.s) has repeatedly emphasized that God created man as a free being with sound senses and reason, and led him with His grace to the right path, but it was man who chained himself with false desires and misguided ambitions. He stresses this point with regard to man's natural makeup and his ability to exercise his freedom in the right path. Rousseau's famous dictum "Man was born free, but everywhere he is in chains" echoes the utterance of Imam Ali (a.s), repeated time and again during his indefatigable struggle for human freedom at a time when it was threatened by the slaves of worldly desires and encroached upon by those who wanted to reduce a free Muslim society to a tyrannical monarchy.

Freedom, a yearning of many s inner being, has been expressed in various forms throughout human history. Adam and Eve, as Iqbal puts it, were compelled by this urge to leave Heaven. It is presumed that action is grounded in freedom. Islam does not accept the Christian notion of original sin, as a punishment for which man was exiled from Heaven. What is called the fall of man' in pre-Islamic Semitic tradition may he interpreted from the Islamic viewpoint as man S ascension to a life of freedom. Man's coming to Earth was an act of his free choice, and he has to earn eternal freedom and conquer time through his continuous free acts in this world, which tests his urge for freedom at every step of his life.

The history of mankind is a ceaseless quest for freedom. It is a multipronged quest: freedom from want, from fear, from the forces of nature, from the tyranny of fellow beings, from injustice, from superstition, from prejudice, from tribal and racial loyalties, and, ultimately, from his own egocentric existence. Man passed gradually through the various stages of realizing all these freedoms, each of which had a material as well as a spiritual aspect. Sheer material freedom means nothing unless it brings in its wake spiritual freedom also. Rather, both of them are complementary to each other and are inseparable. The quest for freedom suffered setbacks and reverses whenever any one of the two was neglected. The modern civilization suffers from the malady of overemphasizing the material dimension of freedom, totally or partially neglecting the relevance of spiritual freedom to human existence. Religion has been striving for man's spiritual freedom, while philosophy has been concerned with intellectual freedom. Art and literature have been interested in realizing both of them at a different plane. The quest of science and technology has been always directed towards attaining material freedom. All human activity is a quest for freedom, and all human evolution represents a course of gradual realization of various freedoms. Human evolution is creative in the sense that at its every stage a higher form of freedom emerges as a result of man's creativity. Human evolution is different from biological evolution, for the latter is mechanical and deterministic as compared to the former in which man's aspiration for freedom plays a vital and decisive role. In the course of man's creative evolution, Islam emerged as an embodiment of all kinds of freedom at a stage when humanity was in need of a balanced synthesis of material and spiritual freedoms. At a stage when man's material advancement was still embryonic, Islam anticipated rapid future developments in the material sphere, which required Divine guidance in pursuing the right path for future development of human society and polity. It is in this sense also that Islam ensures eternal guidance, for it took in its stride all past freedoms attained by man and laid down a plan for future evolution. At that stage the human mind was incapable of embracing the infinite future possibilities of human creativity, because it had not yet developed the intellectual and empirical tools of the unseen future. The Qur'an, the last of Divine revelations, contained the guiding principles of scientific induction as well as a moral code that could suffice for man's socio-political and economic advancement, ensuring maximum freedom of human action in all the spheres of man's multi-pronged quest for freedom. The Qur'an's declaration that God has completed the din (religion, as the totality of Divine guidance) and has conferred upon man the best of His rewards, points to the fact that through Islam man attained the utmost potential to realize his freedom. In order to have a comprehensive view of freedom granted to man by Islam one has to understand the Islamic conception of freedom along with all its implications and practical consequences bearing upon human society, State, and economic activity, at both individual and collective levels.

Freedom can be understood in two ways: theoretically from the ontological point of view, and practically from the social angle. This division is for the sake of study, for in reality the latter aspect logically follows from the former. As pointed out above with reference to Iqbal, the urge for freedom is inherent in man s nature. It may be called a Divine gift or spark. But I would prefer to refer to dictum of Ibn Arabi in this context, who said that nothing was imposed upon man from without: what one's ayn (essence) demanded from God was given him. Thus freedom was bestowed upon man not as a gift, but he received it through his own capacity. To borrow a contemporary philosophical phrase, freedom is man's essence and his existence is grounded in freedom. This view can be interpreted as being in conformity with the Qur'an, in which a number of verses refer to human freedom in both willing and acting. The Qur'an also admits the existence of various grades of freedom in human beings; that is, all men are not equally capable of possessing or exercising freedom. It means that every man is given freedom in proportion to his ability to receive it. Mulla Hadi Sabzawari's doctrine of graded being can be interpreted in the following manner. Every grade of being has its corresponding ability to freedom. Men differ from one another with regard to their ability for freedom. The weaker beings have a weaker urge for freedom, while the stronger ones have a greater urge for it. It is because of this difference that what is obligatory for higher individuals such as the prophets, Imams, the awliya' and the urafa' is not expected from ordinary men.

"God does not saddle a soul with obligations beyond its capability" (al-Baqarah: 286). This principle is applied to different individuals in different degrees. Obligation (taklif) implies the ability to fulfill it, provided a man is willing to shoulder it. All Divine commands and prohibitions presume that men have ability to follow them and that some of them might obey, while others might not. The possibility of obedience and disobedience arises out of human freedom. As everyone acts according to his own will without any compulsion from outside, he is liable to reward and punishment according to his deeds. We have to accept that God never imposed a fixed, predetermined nature upon any individual, and it is man himself who chooses and moulds his own character and, accordingly, his destiny in full freedom. The Qur'an is quite explicit in this regard. Without the freedom of choice and action for man there could never arise the question of reward and punishment, for otherwise that would have amounted to arbitrariness, that is, injustice on the part of God. In this context all the controversies in kalam seem to be pointless and irrelevant. The Qadarite and the Mu'tazilite doctrine of complete freedom also ignores the relativity of freedom in relation to different individuals. The Jabrite notion of determinism goes against Islamic teachings and can be understood in the light of socio-political expediencies of the age. Iqbal has correctly analyzed and explained the reasons behind the denials of human freedom:

The practical materialism of the opportunist Omayyad rulers of Damascus needed a peg on which to hang their misdeeds at Karbala, and to secure the fruits of Amir Mu'awiya's revolt against the possibilities of a popular rebellion. Ma'bad is reported to have said to Hasan of Basrah that the Omayyads killed Muslims, and attributed their acts to the decrees of God. "These enemies of God, replied Hasan, 'are liars'." Thus arose, in spite of open protests by Muslim divines a morally degrading fatalism, and the constitutional theory known as the accomplished fact' in order to support vested interests. (1)

It would be out of place here to go into the details of the issue of jabr and qadar (determinism and freedom). Absolute freedom belongs to God only, and He has given this power to man in various degrees according to individual human abilities. It is in this sense that freedom is termed by Imam Ja'far al-Sadiq (a.s) and Imam Ali al-Rida (a.s) as tafwid, that is, delegated freedom. When Imam Ali (a.s) was asked to explain the difference between qada` and qadar, he said: "The first means obedience to the Commandments of God and avoidance of sin; the latter, the ability to live a holy life and to do that which brings one nearer to God .... Say not that man is compelled, for that is attribution of tyranny to God". (2) Imam Ja'far al-Sadiq (a.s) made the observation: "The doctrine of jabr (determinism) converts God into an unjust Master". (3) However, these traditions cannot be interpreted as advocating absolute freedom for man. The latest scientific studies of the problem of freedom, both in metaphysical and political or social terms, arrive at the conclusion that freedom is always relative. No society or State can give absolute freedom to man in order to secure harmony and mutual respect of all the members. This mutual respect lays certain duties on man, which are for the sake of granting equal freedom to everybody. The saying of Imam Ja'far al-Sadiq (a.s) "There is neither jabr nor qadar or tafwid", but the matter is a via media between the two can be interpreted both metaphysically and socially. Metaphysically, or rather theologically, it means that absolute freedom is for God only; man has been given limited freedom.

Socially and politically freedom is delimited by duties, and is not complete or absolute. Imam Ali ibn Musa al-Rida sums up the issue in the following words: "You are at liberty to take one or the other path, . . . but man has not the capacity of turning evil into good, or sin into virtue". (4) Thus we may conclude that man is free, but his own freedom demands of him to fulfill certain obligations towards himself, towards other fellow beings, and, ultimately, towards God. Freedom is meaningless if one does not fulfill these obligations. All human rights become due to man when he exercises his freedom to shoulder the duties he is expected to perform by his Creator, his fellow beings, and his own nature.

However, whatsoever may be the degree and extent of freedom accorded to man, he is free and, consequently, responsible for his acts. The Umayyads' attempt to justify fatalism, as described by Iqbal, was an atrocity against Islam and Qur'anic teaching. All forms of government and society which deny freedom to individuals represent a gross violation of Islam. How far a State or society is prepared to allow its members freedom determines its Islamic character.

The following are corollaries of human freedom:

 

1. Every man is able to perform an act he wills and chooses to do.

2. Every man who performs an act is able to perform its opposite also.

3. Every man who is obliged to do a certain act is awarded the power to do it.

4. Even those who do not obey Divine command are given the power to do it, and they are also free to do or not to do what they are commanded.(5) The practical side of freedom is related to man's individual as well as social duties. Every duty requires as its prerequisite condition freedom and the power to fulfill it, which is called right' in legal terms. As the right to have the freedom and power to perform desired acts is termed a natural right, the freedom and power to perform social duties is termed civil rights, the freedom to act in relation to the State is called political right, and freedom to defend one's rights in courts is termed legal right. Right is based on freedom, for it calls on men to fulfill certain duties. Rights are meaningless without freedom and freedom remains an empty concept without the right to act within a particular framework. Freedom assumes a definite meaning in each ideology according to its conception and practice of human rights.

 

Human Rights: A Comparison of the Western and Islamic Views and Practices:

 

 

The declaration of human rights, a result of the French Revolution, was completed on 26 August 1789. The two fundamental doctrines which gave the declaration its force as the gospel of the Revolution were those of the natural rights of man and national sovereignty. The natural rights stated in the preamble were held as inalienable and sacred, because they were considered to be inherent to human nature. These rights were defined in the article II as those to liberty, property, security, and the right to resist oppression. Liberty included two aspects, individual liberty and the freedom of opinion. Freedom of speech, liberty of press and expression of religious opinions were secured in articles X and XI. Though article I proclaimed all men to he equal in rights, it did not assert their political or social equality. As the French Revolution was mainly led by the business class which had grievances against the feudal class, the authors of the declaration were perhaps not ready to grant equal political rights to all classes. However, clauses VII-IX secured the principle of equality before law, while clauses VI and XIII established the principles of civic and fiscal equality.(6)

In order to understand the loopholes in this declaration, we have to discuss at some length how the various types of rights are distinguished from one another. In general, a right is defined as a claim or title to anything that can be enforced, or a claim to act, possess or enjoy anything, or the use thereof; it may exist in the nature of a privilege or power. A right in the legal sense is "that which one has a legal claim to do; legal authority, immunity granted by authority". The existence of a legal right implies the existence of legal remedy; for one does not exist without the other. (7) Civil rights are those which appertain to citizenship and which may be enforced or redressed by a civil action. These are divided into absolute and relative rights. Absolute rights are supposed to be inherent to humanity, under which are placed rights of personal security, mobility, honour, health, and enjoyment. Relative civil rights include those which subsist between the people and the government, such as the people's right to protection at the hands of the government; the right of allegiance, which is due to the government at the hands of the people; the rights of husband and wife, parent and child, guardian and ward, master and servant, reciprocally. Right is co-existent with authority or government, and both are inherent to man. According to Bouveir rights precede government, or the establishment of States. Johnson holds that a civil right is accorded to every member of a distinct community or nation, while a political right is exercisable in the administration of government, such as the right to vote in elections. Bouvier says that certain apparently natural rights may not be actual, such as rights of privacy. (8)

Another step towards declaration of human rights was taken by the United Nations on 10 December 1948. The General Assembly passed the Universal Declaration of Human Rights, also known as an international Magna Carta. It enumerates the specific rights to life, liberty, and security of person; freedom from arbitrary arrest, detention, and exile; fair and public trial by an independent impartial tribunal; freedom of thought, religion, and conscience; freedom of peaceful assembly and association; and the rights to social security, work, education and participation in the life of an artistic and scientific community were added to them later. (9)

The civilized Western world had to go a long way to reach a universal declaration of human rights. Despite a lapse of one and a half centuries after the French declaration of human rights, the U.N. declaration falls short of ensuring equal rights of people of different race and colour as well as ideological and religious freedom for all the nations of the world, particularly those of the Third World, which have no safeguard against their economic, cultural and political exploitation by the so-called advanced nations. Interpretation of terms like freedom, human rights and sovereignty is considered to he a monopoly of the industrially advanced powers. Freedom-fighters are dubbed as terrorists, while inhuman acts of aggression, suppression, subversion, interference in the affairs of sovereign nations of the Third World by the imperialists are termed as means of safeguarding the freedom and human rights of the people of the victim countries. What is inconvenient to the champions of open society and human rights is labeled violation of human rights and is condemned by international forums and mass media. Contrarily, the countries openly practising policies of Apartheid and racial discrimination, such as South Africa's white minority government and the Zionist regime, receive all kinds of assistance and support from the civilized West. Military dictatorships and anti-people regimes which serve their Western masters and crush democratic movements of their people, are justified on the pretext of fighting against obscurantism and religious fanaticism. How human rights and freedoms are interpreted is a matter of convenience for the guardians of Western civilization and supremacy. The movements of Islamic resurgence particularly invite the wrath of the standard-bearers of human rights. Socialist countries criticize capitalist nations for denying ideological and economic freedom to their people, while Western democracies accuse socialist States of totalitarianism and violation of fundamental rights. Both are right so far as the other camp is concerned, and both are wrong with regard to their claim of granting all the freedoms and rights to their people. Capitalist democracies and socialist republics represent two faces of one and the same coin in the modern world for transacting the business of human rights.

Islam, if studied and judged without any bias, can be justifiably acclaimed to have launched and practiced a universal message of human rights and freedom fourteen centuries ago, in which all the above-mentioned contradictions and inconsistencies were resolved at both the theoretical and practical levels. Islam being a religion consists of a set of beliefs. And beliefs, as defined by C. S. Pierce, the founder of Pragmatism, are distinct from ideas, for those who hold them, while ideas often remain unpractised necessarily act them upon. Hence whatever Islam preached was also practiced by true Muslims. As in Islam all dichotomies of theory and practice are resolved, wherever we see disparity between professing and practicing, we can say that in such cases the essential condition of Islam is not fulfilled. Islam literally means submission to God. The submission of various selves struggling to achieve supremacy to an Absolute Self brings harmony in the world of unceasing struggle. Harmony in the human collective existence can be maintained and ensured through a balanced and just award of equal rights to all individuals along with the freedom to shoulder corresponding obligations, so that human rights are accorded to all. Islam brought into existence such a harmonious society for the first time in the annals of human history at a time when the advanced West of today lived in a total darkness and without any conception of freedom and human rights. Before the advent of Islam, the great Greek civilization had introduced a rudimentary form of democracy in the city-states, and later the Romans also put up a semblance of democracy for a short time. But in Greek democracies only free men, not women, had a right to vote, and slaves were considered unworthy of having any rights. The vast Roman Empire was virtually a slave State, in which only the free ruling class enjoyed certain rights. The Byzantine Empire that succeeded the Roman empire never practiced the teachings of Christ and denied freedom of thought and enquiry to Christians themselves. The Popes were equally intolerant of free enquiry. In the Christian theocracies and monarchies, religious minorities were persecuted and discriminated against. The socio-political structure of the Persian Empire was equally oppressive, in which only the priests and noblemen enjoyed some rights. In this caste-ridden set-up the common people could not even think of freedom. The Indian society was also caste-bound, where the lower castes constituting the vast majority of people were treated as subhuman beings. In such an epoch, Islam emerged with a universal message of human freedom that guaranteed equal rights for all human beings irrespective of their race, colour, nationality, faith, and sex. Despite deviating from the path of the Prophet (s.a.w) and his true successors, Muslim rulers generally observed the Islamic principle of human equality and granted much more freedoms and rights to their subjects than any other past or contemporary State. Not only Muslims, but also non-Muslims enjoyed full freedom in the States ruled by Muslims. Sayyid Amir Ali, in The Spirit of Islam, stating that Islam never interfered with the dogmas of any faith, writes:

- Whilst orthodox Christianity persecuted with equal ferocity the Jews and Nestorians, . . . Islam afforded them both shelter and protection. Whilst Christian Europe was burning witches and heretics, and massacring Jews and infidels, the Moslem sovereigns were treating their non-Moslem subjects with consideration and tolerance. They were the trusted subjects of the State, councilors of the empire. Every secular office was open to them along with the Moslems. The teacher himself had declared it lawful for a Moslem to intermarry with a Christian, Hebrew, or Zoroastrian. (10)

The rights accorded by Islam to non-Muslims, women, and slaves were not only unprecedented in those days, they also distinguish Islam from modern ideologies.

A detailed discussion on the subject of human rights granted and practiced by Islam is beyond the scope of the present article. I would confine my discourse to certain rights granted to women, slaves, and non-Muslims, in order to show to what extent Islam respected human freedom. This study would enable us to understand how far the Islamic conception of freedom had been translated into action and practice. Besides the Qur'an, our other main source of reference is Nahi al-balaghah of al-'Imam Ali (a.s), which is in total conformity with the tradition of the Prophet (s.a.w).

 

The Qur'anic Conception of Freedom and Rights:

The relation between rights and freedom is twofold. On the one hand no right can be conceived without freedom; on the other, rights ensure certain freedoms for human beings. In the same way, rights and duties are also related to each other reciprocally. Every right granted to man saddles him with some duties. Duty, in a broader sense, means respecting the rights of other, which in its own turn results in securing a safer ground for enjoying and exercising rights. Freedom of man implies that all men have equal right to freedom, which leads to a logical corollary that every individual's freedom is delimited by other's freedom. But this limitation does not deprive one of his freedom; rather, it safeguards the freedom of all. If one is allowed to exercise his individual freedom to an extent, which results in usurping, or curtailing other's freedom, nobody shall remain free, and freedom itself will become meaningless. Thus freedom in itself is a right as well as a duty. Sometimes duty precedes right, for instance, when a person knows and obeys God (both of which are primary duties of a human being according to Islam), he is entitled to certain rights. In this case, fulfilling one's obligation towards God bestows upon one greater freedom also. Of course, man is free to disobey his Creator, but disobedience lands him in the worst type of slaveries, of the world and other men. On the contrary, obedience to God emancipates the human being from all kinds freedom and rights. Usually rights are supposed to precede of dependence and obedience, and entitles him to greater duties. It is really very difficult to solve the riddle as to which is prior between these two. In actuality, freedom, right and duty (or obligation) are three sides of a triangle, in which all three sides are equal. In this triangle, I personally prefer to regard freedom as the base. However, all three sides are equally essential to form a triangle. If any one of the three is removed, the triangle disappears. Islam has given equal importance to all the three, which together form the moral, social and political conduct of a Muslim. I do not mention religious or theological behaviour intentionally and consciously, because religious behaviour is nothing hut the sum total of the various dimensions of human behaviour. Realization of God and obedience to Him is the basis of man's moral as well as social and political conduct. In reality, these patterns of behaviour that are named differently are intertwined and are indistinguishable from one another. Islam regards all different modes of human behaviour as modes of an integrated activity. The world outlook of tawhid approaches human behaviour also from a monistic and unitary viewpoint. The purpose of all human activity is the establishment of justice at all levels.

Starting from the base, I would reemphasize my belief as a Muslim that man's existence is grounded in freedom, which is inherent to man's nature. He is born free in the world which calls upon him to choose and act freely in order to determine his destiny.

Freedom is ensured in the Qur`an, both inborn and acquired. There is no distinction between a believer and a non-believer in this respect. What is prohibited is evil and what is lawful is good for all men. It is good and evil that is the criterion of lawful and unlawful, not vice versa. Those who follow the rational commands of God revealed through the Prophet (s.a.w) are emancipated:

(The Prophet) enjoins them good and forbids them evil, and removes from them their burden and the shackles which were upon them . . . (al- A'raf: 157)

This general principle based upon the inherent good and evil of things and acts is universally applicable, and it is in this sense that Islam is "the religion of (human) nature (it is Divine nature in the sense that it is ordained by God). As we have pointed out, no fixed nature is imposed upon man, but he was created in the way he deserved to be. In this way, we can understand the true meaning of "there is no compulsion in religion" (al-Baqarah: 256). This principle is further elaborated in another verse:

"And strive hard in (the way of) Allah, such a striving as is due to Him; He has chosen you and has not laid upon you any hardship in religion". (al-Hajj: 78)

Men are free to make use of and enjoy all the things not declared as unlawful (al-Ma'idah: 87-88). The prohibited things are overt and covert indecencies, aggression and injustice (al-'A'raf: 28). Justice and equity, which are the ends of freedom, are enjoined (al-Ma`idah: 29). In the matter of doing justice, God does not desire hardship for men but ease: (al-Baqarah: 185). All the Qur'anic verses laying down the laws of just action are addressed to and are applicable to all human beings irrespective of their faith. God is the Lord of all the worlds, and the Prophet (s.a.w) of Islam is sent as a blessing for all the worlds. Neither His Lordship nor the blessings of the Prophet's prophethood is confined only to Muslims. Hence freedom, the greatest of all blessings, is granted to all men.

 

Freedom, Human Destiny, and the World in the Nahj al-balaghah:

 

The theme of freedom is repeatedly emphasized and elaborated in the Nahj al-balaghah. We shall quote a few relevant passages to substantiate the points made so far.

"….(God) has given inborn disposition to human minds to shape themselves either towards good or towards evil". (11) (Khutbah: 75)

"They were given complete liberty in this world, of thought and deed, to think as they like and to do as they desire, so that they may develop their minds, and with the help of such developed minds, free will, and the span of life allotted to them, find the purpose for which they were created...." (12) (Khutbah: 86).

 

In Khutbah 86, Imam Ali (a.s) further says that human beings are given sound bodies and limbs with perfect senses to acquire the knowledge of the external world and the light of reason and wisdom, so that they are able to exercise their freedom of thought and action. (13) This point forms a recurring theme of the Nahj al-Balaghah, for a sound body, sound senses, and reason are necessary conditions for exercising freedom. Those who are deficient in these respects are not held responsible for their acts, such as insane persons and infants. Solely those endowed with these things are responsible for their acts:

"Lives of men who were enjoying themselves to their hearts' content and had perfect freedom of action have such useful lessons in them to teach ...."(Khutbah: 86) (14)

 

From the above-quoted passages, certain points can be inferred: man is given complete freedom with the ability to exercise it; freedom has a purpose: to realize and obey Allah and act in a just manner. Justice can be defined as maintaining an equilibrium among various obligations and rights. One has to be just to oneself. There are many verses in the Qur'an and innumerable passages in the Nahj al-balaghah restraining men from indulging in excesses even in desirable deeds, such as generosity, excess of which is israf and is prohibited. Doing justice to others, which ensures social and political morality, and just behaviour in relation to God, requires abstaining from overindulgence in ritual worship. By maintaining justice in all the three aspects--that is in relation to oneself, others and God--man is free to determine his destiny. In contemporary Western philosophy existentialism is credited with introducing the notion of man's freedom in shaping and moulding his own destiny, but a glance at the Nahj al-Balaghah is sufficient to arrive at the conclusion that it was Imam Ali (a.s) who advanced this idea for the first time:

If by destiny you mean compulsion (physical or otherwise) whereby we are forced (by nature) to do a thing, then it is not so. Had it been an obligation of that kind, then there would have been no question of reward for doing it and punishment for not doing it (such as breathing, sleeping and eating are physical necessities entailing no reward or punishment), and the promised blessings and punishments in afterlife will have no meanings. The Merciful Lord has given His creatures complete freedom to do as they like, and they are prohibited from certain actions and warned of the consequences of such actions. These commands carry in them the least trouble and lead us towards the most convenient way of life .... He sees people disobeying Him and tolerates them, not because He can be overruled or be compelled to accept human supremacy over Him. 1-Ie did not send His prophets to amuse Himself or provide amusement for them. He did not reveal His orders without any reason and purpose. Neither has He created the galaxies and the earth without any design, purpose, and programme. A universe without plan, purpose, and programme is the idea of the infidels and heathens; sorry will be their plight in the fires and the hell... (Sayings: 78) (Destiny) was an order of God to do it, like the order he has given in His Holy Book "You are destined to worship him and nobody else". Here destined means "ordered", it does not mean physical compulsion. (15)

From this brief saying, many points relevant to philosophical and moral issues can be derived: determining one's destiny is an act of man's free will, different from physical compulsion; Divine commands are rationally designed and have a purpose; the universe itself has a design and a purpose; in this purposive scheme of creation man is free to act or not to act in accordance with the Divine purpose; voluntary acts of men deserve reward or punishment according to their nature; and that freedom brings in its wake responsibility. Kant, who could not bring himself to accept the existence of God on the strength of ontological, causal, and teleological arguments, had to evolve a moral proof for the existence of God, in which God, freedom of human will, and life after death served as the essential postulates of morality. If we compare Imam Ali's approach to the problems of freedom, morality, purposiveness of creation, and the existence of God, we may come to a more convincing philosophy. Imam Ali does not require any proof for the existence of God, but believes in Him on the ground of revelation and his own inner experience. This is the same stand which was taken in the West by Kierkegaard in the 19th century after realizing the inadequacy of reason in proving or disproving God. Recent theology in the West accepts the inner yearning of man to have faith in a Supreme Being as the only criterion of belief in God. Starting from the same position Ali (a.s) proves the purposiveness of creation, arguing that it is created by an intelligent, knowing, and just God with a design and a purpose, and all His commands are just and reasonable, for He does not command man to do something that is beyond his capacity. Human freedom is an essential constituent of this purposive world, without which man would not have been able to pursue certain goals. It is also necessary for morality, which comprises voluntary actions. Thus freedom is not a postulate in Imam Ali's world-outlook, hut an organic part of a just and purposive order. His firm faith in a just God makes him believe in the Hereafter. In this way, the Islamic world-outlook he presents is more coherent and consistent than that of Kant or any other Western philosopher. In this system, human reason does not give rise to antimonies, because it is not required to trespass the region of faith or inner experience. All the three axioms of morality which Kant derived from his moral philosophy follow in Ali's Islamic system of thought from faith in God and freedom of human will. In the world conceived by him all individuals are free and they form a "kingdom of ends that is the beings sovereign in this world and only subordinate to Divine commandments. They are not subservient to other human beings and are masters of their own destiny. In this sense Imam Ali (a.s) considers this world of ours better than any conceivable worlds. There is a saying of his that refutes the commonly believed notion that the Imam (a.s) despised the world and his approach to it was ascetic and pessimistic. He heard someone abusing the world and said to him that it was not the world which deceived man but it was man who was allured and enchanted by it, and subsequently debased himself and polluted the world. He said:

Verily this world is a house of truth for those who look into it carefully, an abode of peace and rest for those who understand its ways and moods, and it is the best working ground for those who want to procure rewards for their life in the Hereafter. It is a place of acquiring knowledge and wisdom for those who want to acquire them, a place of worship for the friends of God and for angels. It is the place where prophets receive revelations of the Lord. It is the place for virtuous people and the Saints to do good deeds and to be assigned with rewards for the same; only in this world they could trade with God's favours and blessings, and only while living here they could barter their good deeds with His blessings and rewards. Where else could all this be done?(16) (Sayings: 130)

 

This passage may remind one of Leibnitz's saying: "Ours is the best of all possible worlds", which reflects an optimistic view of the physical world. Ali (a.s) regards it so because it is here and here alone that man's freedom is tested as to how far he acts justly. In the light of this passage we can justify Iqbal's view that man chose freely to leave Heaven and come to this world.

 

Right to Acquire Knowledge: Nahj al-balaghah's Approach

 

Knowledge of the creation in general, and of this world in particular, is emphasized by Imam Ali (a.s) in the Nahj al-balaghah as a prerequisite for making use of freedom in the right direction and for the purpose willed by God. Knowledge, if used properly, helps man in winning God's favour and bartering his deeds with Divine Will, as the Qur'an declares: "And among men is he who sells his self for seeking the pleasures of Allah...." (al-Baqarah: 207)

Those who attain such a stage are few, and as many mufassirun point out Ali (a.s) as one of those chosen few who bartered his self with Divine Will, according to the interpretation of this Qur'anic verse. When human will becomes one with Divine Will, man attains the highest stage of freedom: now there is no compulsion, and whatever a man wills or does is in conformity with what God wills and wants man to do. Rightly guided knowledge helps in attaining this stage. After expressing his view on human freedom, Imam Ali (a.s) proceeds to highlight the value and importance of knowledge. We find after the saying 78 about freedom, his views about knowledge and wisdom in the saying 79, or in his saying 130 we come across his views on the significance of acquiring knowledge and contemplating the signs observable in the world after his description of the world as the best place for making proper use of human freedom. Knowledge is held by Ali (a.s) to be the light of reason, a treasure, the root of all good, and that which emancipates man; it is a power (saying: 146), (17) and one's supremacy is in proportion to the extent of one's knowledge and wisdom (Sayings: 175) (18)

From his many sayings about knowledge it may be rightly inferred that knowledge is itself freedom, for it saves man from ignorance, which is the cause of man's slavery to false beliefs, unfounded fear of nature and his superiors. It is at the same time a key to attain and safeguard freedom accorded to human beings. The Qur'an is unique among the scriptures in encouraging the believers to acquire knowledge and to verify the fundamentals of faith rationally. There are 704 verses in the Qur`an where the word 'ilm or its derivations are used. Book, an essential aid of 'ilm occurs in the Qur'an 230 times, while the total number of verses in which words related to kitab and kataba have occurred is 319. The Qur'an itself is mentioned as kitab on 81 occasions in its text. It is not possible in this brief article to quote even a few of the relevant Qur'anic verses and the sayings of Ali (a.s). However, it would not be out of place to point out that the right to acquire knowledge and freedom of enquiry forms an essential part of the laws and guiding principles governing human rights in Islam. In this matter, no distinction is made between Islamic and non-Islamic sources and Muslim and non-Muslim teachers. Ali (a.s) says:

"Acquire knowledge and truth from whomever you can, because even an apostate can have them, hut unless they are passed over to a faithful Muslim and become part of wisdom and truth that he possesses, they have a confused existence in the minds of apostates". (Sayings: 79). (19)

Another saying of Ali (a.s) is an elaboration of the Prophet's famous tradition, according to which knowledge is the lost property of Muslims: "A wise saying is a lost and long-sought article of the believer. Therefore, acquire it even if it is to be found with hypocrites". (Sayings: 80). (20)

The right to acquire knowledge has been always accorded to non-Muslims also in Muslim States. An important point made by Ali (a.s) is as to how an infidel uses knowledge, which remains in a confused state in his mind. The truth of this view is evident in our age, for modern knowledge, as pointed out by modern thinkers, is devoid of human considerations and has dehumanized its retainers and creators. All the uses of scientific discoveries and advancements for inventing and selling the weapons of mass destruction indicate the absence of a right worldview. Islam, on the other hand, humanizes all knowledge in the light of Divine guidance, which leads to a humanized world outlook. Being fully aware of the dangers of the abuse of knowledge, Ali (a.s) claims that God will always appoint some Imam as the guardian of Divine revelation and he, openly or hidden from the eyes of the world, will guide men till the end of this world. (Saying 146 addressed to Kumayl) (21) Thus the right to receive unceasing Divine guidance, along with the right to knowledge and enjoy freedom of thought and expression forms the foundation-stone of the Islamic universal declaration of human rights. The constitution of the Islamic Republic of Iran ensures the right to knowledge and freedom of learning through various articles. Article 2, clause 6, declares that the Islamic Republic is based on faith in Allah, belief in the exalted dignity of man and his freedom coupled with responsibility before God, and that equity, justice, political, economic, social, and cultural independence are secured by recourse to: (a) continuous ijtihad of the fuqaha'. (b) and sciences and arts and the most advanced results of human experience, together with the effort to advance them further. An article of the first chapter states that the Islamic Republic has the duty of directing all its resources to raising the level of public awareness and the spirit of inquiry, investigation, and innovation in all areas of science. (22) These rights are not confined to Muslims only, hut are accorded to non-Muslim citizens as well in the light of Article 19 (Chapter III), which states that: "All people of Iran, whatever the ethnic group and tribe they belong to, enjoy equal rights; and colour, race, language, and the like, do not bestow any privilege. (23) These articles are in conformity with the Islamic view of human rights.

 

Underprivileged Sections of the People and Their Rights:

 

Islam paid special attention to weaker sections of society, for stronger sections not only get what is rightfully their due, but also grab what belongs to weaker sections. Christ had pleaded and fought for the oppressed, but when his followers came to power they adopted the same system which was based on according privileges to the ruling class and the priests. On the contrary, Islam granted special rights to the underprivileged, so that their rights are not denied to them and any violations of them were redressed. Woman as a whole had been suppressed by all pre-Islamic societies both in the East and the West. The social status and legal position of slaves had been even worse. With the establishment of Islamic rule, a new class of weaker people came into existence, that is non-believers living under Muslim rule. Besides slaves, there had been always in existence a class of have-nots consisting of small peasants, landless labourers, poor artisans, orphans, widows, mentally and physically handicapped, the sick and the old, prisoners and travellers (ibn al-sabil). The Qur'an makes special mention of all these classes while laying down the principles of justice and framing laws according rights to the people. To help the deprived the Qur`an commands emphatically and repeatedly to give zakat, and also recommends the disbursement of sadaqat among the needy.

Zakat and sadaqh are usually translated as alms and charity, but in the Qur'an they are defined in much better terms. Zakat has two meanings: purification, and the cause of blessing and abundance. Both the meanings are derived from the following Qur'anic verses: al-Nur: 21, al-Kahf: 74, al-'A'la: 14 & 15, and Fatir: 19. In interpreting the verses from the surahs al-'A'la and Fatir, some exegetes have interpreted tazakka in the sense of zakat. sadaqah also has the same meaning according to verses 103 and 104 of al-Tawbah.(24) Both zakat and sadaqah are means of purifying one's riches, with the difference that zakat is obligatory and sadaqah is recommendatory. Muslims are distinguished from mushrikun, that is polytheists and idolaters, on the ground that the latter do not give zakat (Ha' Mz ú¿mœ»±f§¤¤)ÒÒ/©MäNV#J±[©4‹kšù‡.Dsã²N³&bÆ™lh¯Èüªðüå.iɸ#Ëe,QÈf´×ù5âÜ©÷ãÜ…‹-rø¶é^Ç1nqÍG/I9¦AäRÙä¬\ñ$Ô°5|³WüÓ ¹¦%(]’>ËyI,Íœa: ‚/4űT…êtøê|e‘å‚Zbk0ÀÚ¢-ù 3,„$ªµ)V[?|“ wŠ8/sàÿÀìlÍËz=k<֐“–œ´O4 ò×”•˜‰›=¡Aug°JV©ùršœ¬ô’†ràÍ ‘ÜLBm
Uɼ#ðäÄÛ%û52uS§W«’rÖkŽ\å!Î «°íNòQÛÙ›varùd4nc Jc}Š@1J FYǾUf0Ï¥&øqy^Ìɏ¢˜±±8ÏÖ÷qîš„óW¥®ÂÈä+‹MÚ},éVÉ¡@N±ÓØv"Ûù#á
«žÀçˤ¹)ŠØ£.\tÍ<›ãÇ‘ÒÓOáá§r¾w»ßqþÆ©y˜wžfõËIcªNRfÑÓ‚¦Ñ`'·†NIñ·`wos½z—op•FøÇ-e{¥ã‘h)@A3mb{*ø‘”º5gF’ª×æl)FÙ,j5|ý‹Eœ tãš¹5šqst, but righteousness is this that one should believe in Allah and the Last Day and the angels and the Book and the prophets and give away wealth out of love for Hun to near of kin and the orphans and the needy and the wayfarers and the beggars and for (the emancipation of) the captives; and keep up prayer and pay the zakat...." (al-Baqarah: 177).

As the special categories of people deserving to receive zakst are enumerated, similarly dadaqah also, as specifically mentioned, is to he given to the poor and the needy, the officials in charge of collecting the zakat, those whose hearts are made to incline' (to Islam) (al-mu'allafal al-qulub), the (ransoming of) captives, those in debt, and in the way of Allah and the way-farer (al-Tawbah: 60). (25)

Thus zakat is due to seven categories: the needy, the poor, the collectors of zakat ,the mu'allafat al-qulub, ransoming of captives and emancipating slaves, the indebted, and the wayfarers; an eighth category is added to it, that is public funds for the construction and administration of the mosques, educational institutions, water works, and for meeting the expenses of jihad. (26) Special mention is made of paying devote their entire time and energy to worship, and self-respecting people who never go to ask for help despite extreme poverty (al-Baqarah: 273). (27)

 

The needy and poor of the lineage of the Prophet (s.a.w), who are prohibited from accepting zakat and sadaqah, are taken care of by allocating to them one half of khums; the first half of which is reserved for God and the Prophet (s.a.w) and the Imam (a.s) of his Family.

Abu Hanifah is of the view that the part reserved for the Prophet (s.a.w) is invalidated after the Prophet's demise, (28) but the Imamiyyah Shi'ah reserve it for the maraji', in the absence of the Imam (a.s). The remaining part of khums is reserved for the orphans, the needy and the way-farers. Regarding this also the Shi'ah differ from Ahl al-Sunnah. While the former say that these three parts are also reserved for the Banü Hashim, and particularly the Talibiyyun, the later hold that this three-fifth of khums money is specified for the needy among Muslims in general. So far as the definition of dhawi al-qurba is concerned, Shi'i and Sunni fuqaha' again differ. Shi'i fuqaha' hold that this term includes all the relations of the Prophet (s.a.w) without any specification, but Sunnis say that only needy in the Prophet's family come under this category. Shi'i fuqaha' reject this interpretation for the absence of any evidence in the Qur'anic text to support it. (29)

Despite these minor differences among various schools of fiqh, the Qur`anic injunctions concerning zakat and khums are generally followed by all Muslims. It is also accepted that zakat is over and above the obligatory payments to be made towards meeting the essential needs of parents and other dependants, and these payments (nafaqah) are not to he covered under the head of zakat, which is only for the eight categories enumerated above. Thus Islamic law has taken care of all the weaker sections of society, and has entitled them to claim their rights from the rulers and upper classes. In a way Islam does not recognize any upper classes and is opposed to the amassing of huge property and hoarding of riches unproportionate to one s work and labour.

"O you who believe! most surely many of the doctors of law and the monks eat away the property of men falsely, and turn (them) from Allah's way; and (as for) those who hoard up gold and silver and do not spend it in Allah's way, announce to them a painful chastisement. On the day when these shall be heated in the fire of Hell, then their foreheads and their sides and their backs shall be branded with it; this is what you hoarded up for yourselves, therefore taste what you hoarded". (al-Tawbah: 34-35).

The conditions for the appointment of judges are very strict and rigorous and the responsibility of rulers is so great that any true Muslim will shudder to accept them due to fear of Allah and the Law of Islam. Imam Ail (a.s) warned Qadi Shurayh that he occupied a seat which was assigned to prophets or their vicegerents, or occupied by a tyrant. The main objective of the Islamic government is to estahlish the rule of justice and equity (al-Nahl: 19), which demands that the weak and the deprived (including slaves) should he provided their basic needs (al-Nahl: 71). To do justice to the underprivileged seems to he the most difficult of the jobs of a government, as Imam Ali (a.s) said, "One who comes to power often oppresses and tyrannizes, and that "oppression and tyranny are the worst companions in the Hereafte"r. (Sayings: 198 & 202). (30) As the weaker sections of people fall easy prey to oppression and tyranny, Islam has taken particular care to guard their rights and redress whatever their legitimate grievances may he. In this way Islamic law ensures freedom of the oppressed.

The Qur'an contains a number of verses which lay down the guiding principles of justice: 1. Never refer to a misled and tyrannical ruler for seeking justice (al-Nisa': 63, Hud: 113). 2. The prophets and their deputies are made the vicegerents of God for establishing the rule of justice and equity (Sad: 38). 3. Divinely appointed personages and judges have to follow the commands of God (al-Ma'idah: 48, 49 & 51). 4. Judges are obliged to see every citizen get his due (al-Nisa': 61). 5. One has to abide by the order of a judge and an arbitrator (al-Nur: 48-49, al-Nisa': 68). 6. Judges should be impartial and meticulous (al-Nisa':106). 7. Judges are bound to admit writs of non-Muslims and to dispose them at the earliest (al-Ma'idah: 46). 8. Accepting bribes is strictly prohibited (al-Ba qarah: 180).

The Qur'anic text also lays down the conditions for the appointment of a qadhi: he ought to be mature, possessing sound reason, of firm faith, just, expert in fiqh with the ability to do ijtihad, of legitimate birth, free from mental lapses, and a male. (31) Imam Ali (a.s), in his letter to Malik al-'Ashtar which is a comprehensive code of conduct for rulers and a document laying down the Islamic principles of governance and justice, elaborates the Qur'anic code of conduct by adding that a qadhi has to he intelligent, patient, of stable temperament, honest, man of integrity, meticulous, and humble. (32) If a judge is prone to vicissitudes of mood, he cannot judge objectively. Leo Tolstoy, in the Resurrection, one of his best novels, criticizes and ridicules judges for being whimsical and moody in delivering judgments, thus committing injustice and spoiling the lives of innocent people who are at their mercy. He also seems to confirm the Qur'anic view of not referring to an unjust judge by condemning the entire legal system based upon vested interests of tyrannical rulers. Imam Ja'far al-Sadiq (a.s) advised his followers not to appeal to the courts of unjust and tyrannical rulers who usurped power illegitimately from the rightful claimants of rulership and directed them to refer among themselves to him who is an expert on the Qur'anic injunctions and can judge justly. (33) This advice implies that judgments of an unjust government are not binding on Muslims, and, implicitly, they are expected to overthrow such a regime. The first and foremost condition of justice in human social, political, economic, and legal issues is that the entire socio-political system is to be based on justice. The rulers usurping power illegitimately and undemocratically in our age cannot establish the rule of justice. It further implies that the Islamic code of justice can be implemented in a truly Islamic society and State only. We may logically infer from this that the States whose rulers are not elected in accordance with the Islamic criteria have no right to implement the Islamic laws of retribution (qisas) only, for these laws form an integral part of the whole Islamic superstructure. The principle of justice demands that it is the first duty of a ruler claiming to follow the Islamic polity to build a truly Islamic society conducive to the implementation of Islamic justice.

Another significant point made by Imam Ali (a.s) in his letter to Malik al-'Ashtar anticipates a modern principle of democratic rule, which was realized in the West in the present century only:

"Pay them (qadhis) handsomely so that their needs are fully satisfied and they are not required to beg or borrow or resort to corruption. Give them such a prestige and position in your province that none of your officers or courtiers can overlord them or bring harm to them. Let judiciary be above every kind of executive pressure or influence, above fear or favour, intrigue or corruption". (34)

Most probably, the importance of independence of the judiciary was realized for the first time by Imam Ali (a.s) in the annals of human history. He regarded it to be an essential condition of the administration of justice. His great concern for the weaker and oppressed sections of society is evident throughout his sermons, letters, admonitions, and directives issued to his military and administrative officers, and judges.

His concern was the honesty and integrity of persons as the basic condition in the appointment of all officers from the lowest rank up to the highest. If officers, particularly judges, are corrupt or prone to temptations, the stronger sections will be able to deprive the weak of their rights. Advising his governors to hold regular public audiences, he commands them not to let guards and police officers be present on such occasions, so that those who have grievances against the government may speak to the Amir freely, unreservedly, and without fear. (35) At the same time he reminds them that in such audience mostly the common people will gather: Therefore, if you find them misbehaving, or acting in an unmannerly fashion, or if you feel that their talk is irrelevant, tolerate them; do not be rude and insulting to them ... (36)

He adds that he often heard the Prophet (s.a.w) saying: "A nation or government in which the rights of the depressed, the destitute, and the suppressed are not guarded and where the mighty and the powerful persons are not forced to accede these rights, cannot succeed". (37)

With a view to preventing any possibility of oppression and exploitation, he prohibits giving of lands on permanent lease with all property and ownership rights and water supply and other sources of public utility to anybody, because such possessions will enable privileged persons to oppress others and derive undue advantage. (38)

Amir al-Mu'minin's regard for the judiciary and proper legal procedure made him to appear in the court of Qadhi Shurayh as a complainant. When the qadhi offered him a seat of honour, he reproached him for being discriminate. He accepted the judgment against himself, though his claim was right. The opposite party was a Christian, who was so impressed by Ali's submission to the court of law that he confessed that he had no claim on the disputed property; he also volunteered to embrace Islam. Here another aspect of Amir al-Mumini's adherence to Islamic teachings comes to light. He repeatedly enquired if he was forced by somebody to give up his old faith. When he was convinced that there was no compulsion by any authority and the Christian wished to embrace Islam willingly and freely, only then he taught him the kalimah. (39)

It was under such rulers that Muslims learnt to respect freedom and rights of all human beings including those of non-Muslims.

(A) Non-Muslims' Rights:

As the Qur'an has taken special care of non-Muslims in the matter of their legal rights, it accords them full freedom in the matters of faith, economic activity, property, social security, and the preservation of their culture and traditions. 1. Muslims are commanded to observe the conditions of their pacts and treaties made with non-Muslims and never to violate them (al-Ma'idah. 1; al-Nahl: 91; al-'Ahzab. 15; al-Tawbah: 4 and 7; Banu Isra'il. 34; al-Baqarah: 177; al-Ra'd: 20; al-Mu minun: 8 and 9; al-Ma`arij: 32). A general principle is laid down that keeping of promises and fulfilling pacts is a sign of a Muslim. This rule includes pacts with non-Muslims also. Ali (a.s) included non-Muslims also among the common citizens paying taxes or tribute (jizyah). Regarding pacts with an enemy, he advises Malik al-'Ashtar:

"If your enemy invites you for a treaty that will be acceptable to the Lord, then never refuse to accept such an offer. Be very careful, never break your promises with your enemy, never forsake the protection or support that you have offered to him, never go back on your words and never violate the terms of treaty~ You must risk even your life to fulfill the promises given and the terms settled. Because of all the obligations laid by the Mighty Lord upon man there is none so important as the keeping of one's promises . . .. Even the heathens take care to keep promises made among themselves.... Deception and fraud against your enemy is deception against God. Let there he no ambiguity in them (pacts); do not try to take advantage of any ambiguous word or phrase in an agreement . . . Beware of the sin of shedding blood without religious justification and sanction, because there is nothing quicker to bring the wrath of the Lord ......" (40)

In the same letter, he writes: "Remember Mailik that among your subjects there are two kinds of people: they are either your brethren in the faith or likes of you in nature and creation. They may have failings and faults and commit slips. They may act wrongfully either willfully or by neglect. So extend to them your forgiveness in the same way as you would like God to extend His forgiveness to you ...." (41)

The rights of non-Muslims living in a Muslim State are covered by the above instructions; their lives are to be protected and their bloodshed is prohibited. Verse 58 of al-'Anfal and verses 90-94 of al-Nisa' encourage Muslims to accept any offer of peace by non-Muslims with the Divine promise that if they intend to deceive, God will protect Muslims.

2. Muslims have to take care of the dhimmis, i.e. non-Muslims under the protection of a Muslim State according to a dhimmah pact. A dhimmi is free to abide by the dhimmah pact or to leave the Muslim State. There is no compulsion. Al-'Allamah al-Hilli holds that this pact is not binding on a non-Muslim for ever. (42) This is a bilateral pact. The Jews, Christians and Zoroastrians are covered by this pact, but the Sunnis include all other non-Muslims also under the pact of dhimmah. The pact made with the Christians of San'a' by the Prophet (s.a.w) and written by Ali (a.s), declared that all the Christians living in the east and the west, whether Arab or non-Arab, are covered by it; anybody who attacks them will he regarded as attacking Muslims, and if a Muslim violates it, whether he is an official or a commoner, he will he unfaithful to Islam. According to it, Muslims were held responsible for securing the security of the Christians and were hound to defend them with their own lives. Dhimmis would not he liable to pay any other tax except the tribute they had willingly agreed to pay; their priests and churches would he safe; the priests would be exempted from paying jizyah; the rich among them and the traders would not be asked to pay any additional tax; none among them would be forced to fight in battle; they would be treated in the best manner; and anything that would cause them harm would be prevented. (43) Similar treaties with the people of Ila ('Aqabah) and Najran were also concluded. (44)

3. The dhimmis have to pay jizyah only, and are bound to abide by the Islamic laws pertaining to judicial matters and penal issues, which are applicable to all citizens equally. (45) It means that the non-Muslims enjoy equality in legal affairs with Muslims. It was because of this right to equality that a Christian could rebut the Caliph in the court of justice, that too on false grounds, as described above.

Jizyah is a financial commitment on the part of the dhimmis in accordance with the Qur'anic injunction (al-Tawbah: 29). According to al-Shaykh al-Tusi, the amount of jizyah is not fixed; it may be fixed by Muslim rulers taking into consideration the yield of the lands of the dhimmis, or determined with regard to each individual's capacity. Amir al-Mu'minin (a.s) levied a tax of 48 dirhams on rich ones, 24 on middle class people, and 12 on the poor. (46) Tribute is a term used for both jizyah and kharaj, which have been confused with each other. Jizyah is per head capitation tax, while kharaj is a collective land tax. If the one is levied, the other one is not collected. It was the second Caliph only who levied both the taxes simultaneously, which misled some Muslim fuqaha' and Orientalists into believing that both were collected from non-Muslims. (47) In case a dhimmi embraced Islam, he was exempted from jizyah.Amir al-Mu'minin (a.s), in his letter to Malik al-'Ashtar, directs him to be considerate in respect of the circumstances of the farmers in collecting land revenue, always keeping in view the welfare of the tax-payers. In his view more importance should be attached to the fertility of land than the collection of taxes, because the actual taxable capacity of people rests upon the condition of the land. He warns that a ruler who does not pay attention to the prosperity of his subjects and the fertility of land but concentrates only on the extraction of revenue lays waste the land, ruins the State, and brings destruction to the creatures of God, and his rule cannot last long. In case of natural calamities and vagaries of rain, drought and destruction of crops, the tax is to be reduced or, if conditions necessitate, totally exempted for the season. He also recommends providing all facilities to the farmers, for the best investment for a ruler is to help his subjects in times of difficulty. It may be noted that it were mainly non-Muslims who were engaged in cultivation of land in those days, for Muslims were mostly employed in the army and the defense of the State. The lenience in collecting taxes is a means of winning the dhimmis' confidence and love, which in case of a crisis would prove to be an asset and source of strength for the ruler. Ali (a.s) wanted Muslim rulers to behave differently from the kind of rulers described by the Qur'an as those who bring devastation to the land and misery to the people (al-Naml: 34). The poverty of the people, in his view, is the actual cause of a country's devastation and ruin. Extraordinary conditions apart, in normal conditions too, certain categories of non-Muslim subjects were exempted from jizyah or kharمj, such as minors, the poor, old, disabled and insane persons. (48) Women are never required to pay jizyah. The married among them are entitled to all the rights of citizenship on the basis of their husbands' payment of the tax, while maidens are exempted due to their parents' and guardians' citizenship rights. Every treaty that levies jizyah on women is null and void from the Islamic viewpoint. (49) Besides natural or other calamities, in some other circumstances also non-Muslims are exempted from the payment of jizyah. These are: whenever Muslims feel they are unable to fulfill their obligations towards the dhimmis; whenever Muslims consider the exemption to be instrumental in creating and fostering better relations between the Muslim and non-Muslim communities; whenever Muslims are in need of seeking their active participation in war; and whenever any of them embraces Islam. (50) In most of the countries under Muslim rule jizyah was not collected at all; for instance, in India the majority of rulers, with a few exceptions, did not levy jizyah on non-Muslims. Awrangzeb Alamgir, the Moghal emperor, levied it in his reign, but it proved to be against the interests of the Muslim empire and counter-productive.

The dhimmis and other non-Muslims loyal to the Muslim State enjoy freedom of faith and worship. Their places of worship are protected. (51)They have usually received liberal grants from Muslim rulers. Though they have equal legal rights, they are free to refer their disputes to their own religious authorities. (52) They are accorded all the rights granted to Muslim citizens, that is, the right to education and dissemination of knowledge, freedom of thought, the right to property, the right to engage in business, agriculture, industry, and any honourable activity. They are treated equally in social matters and are respected. (53) Al-Sharif al-Radi composed elegies paying tribute to his friend and teacher, al-Sabi', an eminent Christian poet and scholar. Non-Muslims have been serving Muslim courts as ministers, administrators, accountants, secretaries, and ambassadors. They also excelled during Muslim regimes as scientists, physicians, teachers, men of letters, artists, businessmen, industrialists, bankers and soon. Even the secular democracies of today are unable to ensure all these rights and freedoms to their minorities. Since the Muslim States could ensure these rights to their non-Muslim subjects, we seldom find in their history incidents of communal clashes and riots. The Constitution of the Islamic Republic of Iran states in article 23 of Chapter III: "The investigation of individuals' beliefs is forbidden, and no one may be molested or taken to task for holding a certain belief". (54)

 

(B) The Rights of Slaves:

All medieval societies allowed slavery to continue in the interest of the ruling classes, but Islam discouraged it. As the historical conditions did not permit its outright abolishment at that time, Islam granted slaves human rights which had been denied to them from time immemorial. The Qur`an encouraged Muslims to emancipate slaves in such verses as: al-Baqarah: 177; al-Ma'idah: 89; al-Nisa': 93; al-Mujadilah: 3. The Prophet (s.a.w) also entreated all the Muslims to let slaves free, and himself did it. He appointed slaves to important positions and treated them equally. Though the institution of slavery continued in the Muslim world, but due to enjoying benefits of good education and respectable status many slaves rose to high posts and sometimes ruled over their past masters. The Turk slaves of the Banu Abbas could dictate their terms to the caliphs also. The founders of Ghaznawi and Ghawri empires were slaves. Similarly the Khawمrazmi rulers were descendants of slaves. In India, the first Muslim empire was built up by a slave of Shihab al-Din Ghawri, Qutb al-Din Aybak, who in his turn was succeeded by his slave, Iltitmush, and subsequently his slave Balhan was made the emperor when Iltitmush's family came to an end. In South India (Deccan), the first independent dynasty was founded by a slave of Muhammad Tughlaq, Ala' al-Din Hasan Gangu Bahmani. Slaves were often married their master's daughters. No other religion or law has treated slaves so respectfully. Practically, slavery was almost abolished in the Muslim world when the newly civilized West was making the Africans slaves and deporting them to America, where the Black Americans are still fighting for equal rights and human treatment. South Africa is another example of the treatment of the Blacks, who despite being the legitimate masters of the country and forming the majority are being treated and persecuted in a manner worse than slaves. All such atrocities against free human beings are committed by the authors of the Universal Declaration of Human Rights. Islam bestowed freedom on slaves of the world fourteen centuries ago. Slaves were the greatest beneficiaries of the Islamic declaration of human rights. It is because of Islamic equality that peoples who were discriminated against on racial or other grounds came to the fold of Islam.

 

(C) Women's Rights:

If one compares the status of women in the pre-Islamic societies of Greece, Rome, Persia, Syria, India, and Arabia, one will acknowledge that Islam raised their position to a level that they could claim equal rights with men in all spheres of life. Christianity regarded woman as the source and cause of Adam's sin and his Consequent fall, and Arab paganism buried daughters alive considering them to be the cause of shame. Islam not only advocated equality of the sexes, but also the Prophet (s.a.w) set an example of how to respect women by paying great respect to Khadijah (a.s) and Fatimah (a.s) in particular and women folk in general. Polygamy and the Hijab are the butts of the West's and the so-called enlightened East's criticism of Islam's treatment of women. The former, on the one hand, was necessitated by social conditions, and, on the other, by the physiological make-up of the two sexes. Promiscuity and free love in modern Societies point to this natural need. The Islamic Hijab does not imprison woman, but rather emancipates her in many ways. Confining woman to the four walls of the house and keeping her deprived of the fruits of education was never approved by Islam. Jawahirlal Nehru, in The Discovery of India, rightly points out that this type of female confinement is a result of women were deprived of their freedom under non-Islamic influences. The West, which poses as the champion of women's equal rights, has granted them the rights to property, separation and vote only recently. Syed Amir Ali, an eminent Indian jurist, wrote in The Spirit of Islam in the first decades of this century:

"Until very recently, even in England, a married woman possessed no rights independently of her husband . . .. But the Teacher, who in an age when no country, no system, no community gave any right to woman, maiden or married, mother or wife, who, in a country where the birth of a daughter was considered a calamity, secured to the female sex rights which are only unwillingly and under pressure being conceded to them by the civilized nations of the twentieth century, deserves the gratitude of humanity". (55)

If the Muslim woman seeks to imitate the social role of her European sister, it will be nothing but a misconceived emancipation which shall land her in the evil mire of the capitalist system, which has reduced woman to a commodity and a sex-object for exhibition in the windows of supermarkets and reception rooms of high offices. On the contrary, Islam gave her the rights and freedoms which no system could grant her.

In Islam all the rights granted to men, with few exceptions, are also given to women. One exception is with respect to jihمd, but women are expected to help men behind the war front by taking care of the wounded and doing similar important jobs. In the matter of marriage, women have the right to express their consent to marry a person and they are free to dissent. In divorce the right is given to man, but under certain provisions woman can initiate the legal proceeding to secure divorce. Woman's rights in Islam can be summarized as follows: Women are treated at an equal footing with men in all affairs: religious, educational, legal, moral and economic.

(a) In religious matters, obligations and rewards of women are the same as those of men (al-Nisa': 1; al-'A'raf: 189;al- Ahzah: 35). (b) In ethical matters, also, equality of the two sexes is maintained (al-Nisa': 124; al-Nahl: 97). (c) Regarding education, the Qur'an implicitly gives the same rights to women as are granted to men. Similarly, the Hadith of the Prophet (s.a.w) making acquisition of knowledge obligatory upon all Muslims does not mention any sex; in fact, the Prophet commanded that even the slave girls be educated. As women are responsible for taking care of infants, they are supposed to have some knowledge of medicine and also of the art of helping in childbirth. The Prophet (s.a.w) asked a lady to instruct his wife Hafsah hint Umar. Women also used to attend the Prophet's lectures. Because of this practice, a number of ladies from the Household of the Prophet (s.a.w) excelled in hadith and fiqh. In the history of Islam, we find the names of a number of women who equaled most educated men in the religious sciences, arts, and literature. (d) The legal and economic rights of women are also at a par with those of men. Islam ensured economic independence of women by giving them a share in parent's property (al-Nisa':7 and 11), and warning against depriving them of their inheritance (al-Nisa': 19). A woman is entitled to hold and manage her property. She enjoys the right to spend what she possesses and her husband cannot deprive her of her dower (mahr) (al-Baqarah: 229, al-Nisa': 19-2 1 and 25), unless she voluntarily forgoes it as a gift (al-Nisa': 24). If wronged, she is entitled to compensation just like a man, and if she commits a civil offence, the Qur'an says, her penalty is no less or no more than that of a man in a similar case (al-M'idah: 41; al-Nur: 2). (e) In the marital contract, except in the case of divorce, she is given the same rights that are granted to her husband. The Qur'an explicitly commands men not to give women in marriage without seeking their consent (al-Nisa': 19). Even the right of an infidel woman is respected by the Qur'an, whichcommands Muslims not to violate the modesty and honour of the women of mushrikün (al-Mumtahanah: 10-11). In our highly advanced age, the troops of most civilized nations of the West deem it to be their legitimate right to violate the honour of women of the enemy, for chastity and dignity of woman have no value according to modern standards of culture and morality. A Muslim woman also enjoys the right to choose her spouse of her free will. She is entitled to dower (mahr) in accordance with the marriage contract. Though polygamy is permissible in Islam, the conditions of being fair and just to all the wives are so strict that practically it is discouraged. The third verse of al-Nisa' says that if you fear that you will not be able to do justice to more than one wife, he content with one wife only. . . . The conditions of justice to wives are laid down in verse 33 of al-Nisa'. There are many verses in the Qur'an which emphasize the sanctity of the home and the family and state the mutual duties and rights of husband and wife for the sake of safeguarding the family's welfare. Both of them are held responsible for the harmony of the family. In case of differences, the husband and wife are advised to settle them with the help of two arbitrators, one from each of the parties (al-Nisa': 35). If it is not possible to live together, the provision to separation is open, but according to a tradition of the Prophet (y) divorce is the worst of permissible things in the eyes of God. A woman is entitled to receive her expenses from her husband during the period of iddah, and a child horn in this period belongs to the husband who is responsible for its expenses. Even the much fussed about institution of temporary marriage (mut'ah) is now being appreciated by some modern sociologists who consider it the best safeguard against promiscuity.(f) Islam has also given political rights to women, as stated in the twelfth verse of al-Mumtahanah in the Qur'an. The women of Quraysh were given a right to take the oath of allegiance after satisfying them fully of the conditions of submitting to it.56 By implication this verse gives women the right to vote, a right for which women had to struggle and wait till the twentieth century in the West.

 

Conclusion:

As elaborated in the beginning of the article, all human rights originate in man's freedom and are secured by the fulfillment of obligations in society as well as in a political set-up. A society which gives more rights to its members is to be considered freer than those which either grant limited rights only or do not ensure that they are safeguarded. In modern States, the ones which claim to be open and free curtail constitutional rights one way or the other, and the ones that are based upon the sovereignty of the working class deprive other classes of human rights. Furthermore, the latter, through indoctrination and regimentation of thought, transform human beings into machines. The technocracy and bureaucracy of modern societies, both capitalist and socialist, are concerned with the material aspect of man and, consequently, dehumanize all social and human relations. Islam, on the other hand, ensures the fulfillment of both the material and spiritual aspirations of man by giving all sections of society equal rights and ensuring their execution and implementation by the State. Thus Islam accepts the inherent freedom of man and its full utilization and development, and organizes its socio-political superstructure accordingly. The Islamic conception of human rights and its faithful implementation ensures greater freedom to all sections of humanity than granted in any other system.

If we study the views of the spiritual leaders of Islam, we will see how they disapproved of all acts of injustice and rejected all formulations that sought to deprive man of his freedom.

NOTES:

 

1. Allamah Iqbal, The Reconstruction of Religious Thought in Islam (Lahore: Muhammad Ashraf, May 1971) p. 111.

2. Syed Ameer Ali, op. cit., pp. 409-10.

3.Ibid, p.411.

4.Ibid, p.412.

5. Shaykh al-Ta'ifah Muhammad ibn al-Hasan al-Tusi, Tamhid al-'usul, translated with introduction by Abd al-Muhsin Mishkat al-Dini (Tehran: Anjuman-e Islami Hikmat wa Falsafeh-ye Iran, 1358 Sh.), pp. 267-383. All points enumerated in the article are discussed in detail with rational arguments in these pages, which may be referred to for gaining a better insight into the problems and their Shi'i Imami solutions.

6. Goodwin, The French Revolution (London: Hutchinson University Library, fifth ed. reprinted 1974), pp. 74-75.

7. The Encyclopedia Americana (U.S.A., American Corporation, 1963 ed.), XXIII, 5 18-19.

8. Ibid, XXIII, 52 1-22.

9. Encyclopedia International (New York, Grolier Incorporated, 1971 ed.), IX, 36.

10. Syed Ameer Ali, The Spirit of Islam (London, Methuen, 1965), pp. 2 19-20.

11. Nahjul balaghah of Hadhrat Ali, trans. Syed Askari Jafery (Tehran, Library of Chehel Sutoon Theological School), p. 44.

12.Ibid, p. 49.

13.Ibid, p. 49&51.

14.Ibid, p. 50.

15.Ibid, p. 280.

16.Ibid, p. 287.

17.Ibid, p. 289.

18.Ibid, p. 293.

19.Ibid, p. 280.

20.Ibid, p. 280.

21.Ibid, p. 290.

22. "The Constitution of the Islamic Republic of Iran, al-Tawhid (Tehran, Sazman-e Tablighat-e Islami), vol. iii, no. 1, pp. 139-40.

23.Ibid, p. 144.

24. Dr. Muhammad Khaza'ili, Ahkame-e Qur`an (Sazman-e cap wa intisharat-e Jawidan, 2nd ed., 2555 Shah.), pp. 434-36.

25.Ibid, pp. 446-47.

26.Ibid, p. 448.

27.Ibid, p. 442.

28.Ibid, p. 458.

29.Ibid, p. 458.

30. Nahjul balaghah op. cit., p. 294.

31. Dr.Khaza'ili, op. cit., p. 659.

32. Nahjul balaghah, op. cit., pp. 252-53.

33. Dr.Khaza'ili,op. cit., p.452. Usfllal-Kaft, vol.1.

34. Nahjul balaghah, op. cit., p. 253.

35. & 36. Ibid, p. 256.

37.Ibid, p. 256.

38.Ibid, p. 257.

39.Ibid, introduction, p. 6.

40.Ibid, pp. 257-5 1.

41.Ibid, p.248.

42. Abbas Ali Amid Zanjaini, Huquq-e aqaliyyatha bar asas-e qanun-e qarardad-e dhimnnah: barrasi-yi gushehha-ye az ,mafahim-e huquq-e bayn al-milal az nazar-e fiqh-e Islami (Tehran: Nashr-e Farhang-e Islami, Autumn 1362 Sham.), pp. 57-58.

43. Ibid., pp. 77-78.

44. Ibid., pp. 78-80.

45. Ibid., pp. 84-85.

46. Ibid., p. 108.

47. Ibid., p. 116.

48. Ibid., pp. 119-25.

49. Ibid., ~ 11 9-20.

50. Ibid., pp. 123-24.

51.Ibid., pp. 164-65.

52. Ibid., pp. 186-87.

53. Ibid., pp. 180-7 1 (right to freedom of residence), 178-8 1 (legal rights), 193 (right to trade), 196 (right to agriculture), 197 (right to economic freedom), and 202-3 (professional freedom).

54. "The Constitution of the Islamic Republic, op. cit., p. 145.

55. Syed Ameer Ali, op. cit., p. 256.

56. Dr. Khaza`i1i, op. cit., p. 60.