ISLAM AND HUMAN RIGHTS Lily Zakiyah Munir Center for Pesantren and Democracy Studies (CePDeS) Indonesia

1. ISLAM AND HUMAN RIGHTS Lily Zakiyah Munir Center for Pesantren and Democracy Studies (CePDeS) Indonesia

2. Is Shariah Compatible with HR? Yes, shariah is based on principles of good government, human welfare, justice, protection of human life and dignity, and equality of all human beings; No, if shariah is reduced as a formal force like now in many Muslim countries with despotic governments, dictatorship, repression to women and non-Muslim, and is used to justify injustices and violations of human rights

3. Freedom House Survey In 2003, of 56 IOC members, 30 “not free”; 22 “partly free”; only 4 “free” 22 (40%) totalitarian regime; 15 considered democratic Perimeter: multi-party, multi-candidates, competitive elections Note: The Taliban in Afghanistan, Saudi Arabia, Sudan, Nigeria, Aceh in Indonesia

4. External Barrier: Double Standards I must admit that I am not a supporter of the UDHR. Our history of civilization has taught us … how big words can be transformed into atrocious crimes. We cannot forget that the initiators of the Declaration of HR and the plain French citizens are the same people who shortly afterwards, and before the ink of the Declaration had dried up,organized a campaign and sent their forces under the leadership of their favorite general, Napoleon, to Egypt. We must not forget either that the United Nations Organization issued the UDHR in the same year that it recognized the Zionist state that usurped Palestine and robbed its people of every right stipulated in the Declaration, including the right of life. Ismat Sayf al-Dawla (Egypt)

5. External Barrier: Double Standards “Do individuals in Asia and Africa have the right to protest the blatantly undemocratic representation of the UN Security Council? Can citizens of the international community argue that nuclear weapons- not just in India, Pakistan or North Korea, but also in the United States, home to half the world’s arsenal – threaten their rights to life and security?” (Shirin Sinnar, “Reflection on the Anniversary of the Universal Declaration of Human Rights,” in Commentary, International Movement for a Just World, New Series No. 19 (December 1998), Kuala Lumpur at p. 4.

6. Internal Barrier: Formal shariah o Authoritarian, ‘speaking in God’s name’ o Repression of the ‘other’ (women and non-Muslim) o Severe punishment, losing humanity o Theocracy over democracy o Abuse of human rights o Monolithic, losing flexibility, plurality and richness of law “Rahmah al-ummah fi-ikhtilafi al-aimmah” (Different opinions of Muslim jurists are blessings for Muslim society) – The Prophet

7. Human Rights in Islam Haqqul insan muqaddam ala haqqil llah (human rights must be prioritized over God’s rights) – because God is capable of defending His own rights in the hereafter, while humans have to defend their own (classical fiqh literature). “Violations of human rights would not be forgiven except by the concerned people, while violation of the rights of God will be taken care of by God himself. The concept of tauhid, the oneness of God, implies that Allah is omnipotent to protect His own rights.” (Ibn ‘Araby)

8. Foundation of Human Rights in Islam 1) Tauhid (Oneness of God) – no intermediary between human and God. “O mankind, We have created you from a male and female and made you into tribes and nations so that you may know one another. The most noble of you before God is the most God-conscious of you.” (QS al-Hujurat:49/13) 2) The dignity of humans: as God’s khalifah (deputy) on earth – responsibilities & rights. 3) Humans as the most noble creature – all creatures incl. the angels prostrate to Adam – human with ‘aql (ratio) and lust

9. Five Basic Rights (al-Kulliyatul Khoms) Maliki jurist Imam Shatiby • Protection of Freedom of Faith • Protection of one’s life • Protection of freedom of thinking • Right for procreation • Right for property

10. Freedom of Expression The Qur’an outlaws coercion on belief: “There is no coercion in religion, it has been made clear what is guidance from falsehood “ (Q. 2:256) “If your Lord had wished, all of those on earth would have surely believed. Do you then coerce people until they become believers?” On pagans: “If God had wished, they would not associate God with others.” “If your Lord had wished, He would have made people into one nation.”

11. Concept of human being goes beyond rights (Chandra Muzaffar) Humans were created because of God’s love for humankind, and proclaimed as His vicegerent (khalifah) on earth. As vicegerent of God, human lives on earth to serve God, to do God’s will. After this life, he returns to God, to be judged for his deeds on earth. As God’s vicegerent, he is bestowed with fundamental rights. His ultimate responsibility transcends to God. His most precious relationship is with God, directly. His most sacred role is as vicegerent, deputy of God on earth.

12. Human as avenue for God’s eternal values As khalifah, human has loftiest place: higher than the angels, who prostrate to him. He is endowed with life, intelligence, creativity, freedom, power, love, compassion, and mercy. Basis of human life is spiritual; purpose of human efforts is ultimately spiritual; human strives to transform life and society guided by spiritual values—truth, justice, compassion.

13. Qur’anic message is universal The oneness of God (tauhid) inspires and motivates Muslim to strive for the oneness of human kind. All human differences of color, creed, class are secondary. What is primary is righteous conduct guided by God-consciousness. “Mankind is one single nation. And Allah sent Messengers with glad tidings and warnings; and with them He sent the Book in truth, to judge between people in matters wherein they are different…” (Q.S. al-Baqarah/2:213)

14. Islam and Economic Rights The Qur’an bestows upon the poor an automatic right to the wealth of the community through the institution of the zakat (a wealth tax every Muslim with some means is required to pay). The Qur’an says: “And in their wealth there is acknowledged right for the needy and destitute” (51:12) There are many other economic rights in Islam, e.g. all persons shall have access to the basic necessities of food, clothing, shelter, education and health care irrespective of their age, sex, color, or religion.

15. Social and Civil Rights Everyone has the right to found a family, the right to privacy, the right to freedom of movement, and the right to freedom of religion. “Every person has the right to freedom of conscience and worship in accordance with his religious beliefs.” (UIDHR) “To you be your Way, and to me mine.” (Q.S. al-Kafirun/109:6)

16. Main Issues Islam and HR • Women in conventional shariah: Polygamy, inheritance, public leadership, family leadership • Status of non-Muslim • Freedom of Religion “It is not permissible to force a non-believer into embracing Islam. If one is forced to embrace Islam, he will not be considered Muslim except his embrace of Islam is of his own choice …” (Ibn Qudamah, a Hanbali jurist) “There is no compulsion in religion.”

17. Reconciling Shariah and HR The ISSUE: (Narrow) Shariah or Fiqh, product of human intelligence in the past, is viewed as solution for all times and places. The EFFECT: Stagnant and rigid Shariah, fails to respond to concrete social, political, and economic problems of Muslim societies The ALTERNATIVE: Fiqh of reality (fiqh al-waqi’) – enlightening on concrete human issues: gender, politics, civic issues, etc.

18. Shariah Reform: Imam Shatiby & Maqashid Shariah Shariah: law, purpose, text, reason (ijtihad). Overall purpose: promotion of public benefit (maslahah). A source of social ethics and humanity with three-level goal: • Primary: 1) protection of faith, 2) protection of life, 3) protection of intellectual freedom, 4) right to progeny, 4) right to property • Secondary: Maslahah intended for flexibility and ease in implementing law. • Tertiary: supplementary maslahah focused on ethics and aesthetic.

19. Muslim Reformer: Muhammad Abduh (1849-1905) “I found Islam in the West” Encouraged Muslims to optimize rational dimension in religious thoughts as an effort to synergize Islam and current reality. • Free Muslims from blind imitation (taqlid) • Rational ‘rereading’ of Qur’anic texts. Influence of Abduh: • Rational stream – secularism in Islam, Thaha Husein • Revivalist (salafi) stream – Rashid Ridha, Muslim Brotherhood in Egypt

20. Muslim Reformer: Abdulahi Ahmed A. An-Na’im The precise content of shariah has always been, and will continue to be, the product of human understanding in specific historical context. Reform by shifting reference from contextual, operational Medina verses to universal, fundamental verses of Mecca (Ustadh Mahmoud Taha, Sudan, who was hanged a week after shariah was enforced by Numeiri)

21. What do Muslim Reformers say? • Muhammad Arkoun: The interpretation of the Qur’an is and the hadiths has never been detached from practical politics. There is a strong connection between interpretation and political supremacy and it is used to exert control over Muslim communities. • Muslim communities have failed to understand the basic message of Islam – the fact that it is not static but develops in a dynamic fashion. Islam is a message of God which relates to humanity’s inevitable degradation. The relevance of the Islamic message is thus also rooted in the permanence of humanity’s problems. (From Shariah to Maqashid al-Shariah)

22. What do Muslim Reformers say? • It’s not untrue to say that Islamic civilization and Arabic civilization is a civilization which revolves around the text. The central role of the text makes it become a ‘paradigm’ which frames almost all Muslims’ lives throughout history (Nasr Hamid Abu Zaid). • “Performing jihad in Lebanon is not necessary, since working hard to support your own family and educate your children well is part of jihad which nowadays must be a priority” (Imam Akbar Sheikh Al-Azhar, Sayyed Tantawi to Egyptians volunteers for Lebanon after Israeli attack in 1990).