Human Rights in the 21st Century: New Challenges and Opportunities

What are human rights?

Human rights are the basic rights and freedoms that belong to every person in the world, from the start of their lives to the end. Human rights apply regardless of where you are from, what you believe, or how you choose to live. Human rights can never be taken away but can be restricted. Human rights are available to everyone regardless of their race, nationality, ethnicity language, religion, or any other status. Previous human rights examples include, slavery and torture, freedom of opinion and expression, and the right to work and education. However, the fundamental question is what the definition of human rights is. Human rights are a set of protections and entitlements held by all members of society. They are automatic rights that a human being receives and is irrespective of any status that they might have. Human rights are essential to protect humans from the exploitation of any kind. These are imposed by the national government. One type of rights that humans are entitled to are negative rights. These are rights that include dignity and essentially the right to life. Whereas, positive rights include the right to food, clothing, and housing etc. The category of positive rights includes cultural rights as well as economic and social rights.

History of Human Rights

The history of human rights includes significant national and international milestones. These are known to be milestones that allowed human rights be where they are today. However, the time for this to happen was about 800 years which could be said to be significant. The journey to human rights started in the year 1215. This was when Magna Carta was developed. This was the first time that laws could apply to the monarch as well. A while later in the year 1948, the universal declaration of human rights was developed. This was after the war and can be said that the war ruled for a change. Therefore, the general assembly set out rights and freedoms of human rights for citizens around the world. These rights and freedoms were automatic and were a significant milestone for the United Nations. However, in 1950 this milestone was further developed. The European Convention on Human Rights had constructed a treaty to provide rights and freedoms for all citizens. This was signed in 1960 but came into force in 1953. The difference was that the rights could be relied upon in court. In 1966, then signed up to the European Court of Human Rights. This meant that claims could be taken to the court in Strasbourg. This was also a significant development in history. The next major development was in 1998, the human rights act. This meant that people did not have to take their claims of human rights to the court in Strasbourg. They were now accepted in Britain. This was the most significant development in history. It meant that Britain had its own individual liberty and freedom. The next development which was made in 2010 was the Equality Act. This brought together a significant number of pieces of legislation and made it into one piece of legislation. This allowed simplicity for people in Britain as everything was simplified into one legislation and this legislation also allowed for equal opportunity for every citizen of the nation.

The Introduction of Human Rights- Islam and The West

Likewise, the Islamic way to the introduction of human rights was through the last sermon. The last sermon is mainly referred to as the pilgrimage that the last of the prophets performed. The reason it is known as the 'last sermon' is because it is a 'farewell pilgrimage'. It can be said that the 'Farwell pilgrimage' was the finishing point in his profound career. The reason it is considered so important is because of the message it wanted to deliver. The greatness of this was that the message was not only for the Muslims but for the whole of humanity. The holy prophet wanted to establish moral values and human rights. It is believed that the world has not been able to establish anything better in terms of human rights. This is because every act of the last sermon aims to show righteousness and fairness. It also shows the importance of humans being together through tough times irrespective of their race, color, and ethnicity. Therefore, the last sermon is seen as the most important in Islamic times just like the Universal Declaration of Human Rights that the Western world believes is the greatest development in Western history. However, in Islamic history, it is seen as the greatest revelation and establishment due to the fact that it reaches out to non-Muslim people simply because the text and language is general and not specific to only Muslims.

The universal declaration of human rights has been published for some time. The reason that the Universal Declaration of Human Rights was even published was due to the astonishing events that took place around the world. The major event being World War 2. Due to the war, human rights had to be set out, and therefore for mainly that reason, the UDHR was published. The UDHR includes important human rights within it. The UDHR is a document that is known as a 'milestone' document. It includes rights to obtain fairness and equals. It gives fundamental human rights that protect all 192 of its member states. Therefore, the rights are known as universal rights. This is because the rights protect all countries that are members and protect them equally and fairly.

Basic Human Rights: The Islamic Approach

The first and foremost thing that is found in Islam is that the human rights that it imposes are not only for just Muslims but for all kinds of mankind. It doesn't matter whether they are a believer or not, the rights still apply.

A right that Islam imposes first, is the right to life. It is stated in the Holy Qur'an that whoever kills a human being without having some sort of valid reason then it is as if they have killed all of mankind. This is considered as homicide and homicide is one of the greatest sins next to polytheism. Therefore, the right to life is seen as important in Islam just like any other right to life human right.

A right that Islam imposes first, is the right to life. It is stated in the Holy Quran that:

'Whoever kills a human being without a reason, it is like he has killed all of mankind.' (5:32).

It is also stated in the Holy Quran that:

'Do not kill a soul which Allah has made sacred except through the process of law' (6:151).

These verses of the holy Quran are of due importance. They explain that taking someone's life is of course decided by law, however, in Islam, it is considered as a homicide. Homicide is considered a significant sin next to polytheism. Therefore, the right in Islam is seen as important just like any other right to life human right.

A basic Islamic right is also being safeguarded from any sort of danger that would pose threat. Safety in life does not always have to occur in a life-and-death situation but can also occur in many different situations. If someone is unwell and you provide them with relief and help them, this is also considered as providing them with safety. Also, if someone needs food and you provide them with it, this is also an act of providing them with safety. Seeing someone in need becomes your duty to help and safeguard them. The true message in Islam is that it does not matter the race or ethnicity of a person, they all carry equal human rights as everyone should be treated equally.

Respect for the chastity of women is another basic right that is regarded as important in Islam. This right is seen as the most important right in Islam and does not take into question whether that woman is from another nation or not, the right applies to all. The Holy Quran States:

'And do not approach the bounds of adultery' (17:32).

In Islam, there is significant punishment for this crime whether in this world or the hereafter. However, only Islam provides this right for women. This right can be found in the Charter of human rights and fundamentally implies that the chastity of women should be protected and respected regardless of the circumstances.

Islam also establishes the right to a basic standard of life. However, this right can be interpreted wrong by many people. In Islam, it is thought that if someone is able to provide for another person that is needy then they should. In the Holy Quran, it is said that if someone saves a live of another person, then it is like saving the whole of mankind. (5:32) This is a statement that is strong in words, it highlights the human right of the right of life and to be safe during their life.

The equality of human beings is also clearly made vigilant in Islam. The idea of being absolutely equal is made without distinction of race or nationality. The idea is made into a true reality and the reality is that all human beings should simply be equal. The distinction is also made in the Qur'an. It basically states that everyone was created simply from a male to and female. Everyone was created from one being. The belief here is that everyone is connected to each other just like brothers and sisters. The only reason there is different races and nationalities is simply so that people can meet each other and cooperate. The creation of a race or nationality is not so that one race or nationality can take superiority over one another. Even if superiority was to exist, it should not exist over race or color. Secondly, in Islam, it is clearly recognized that there should be no discrimination based on race, color or ethnicity. In today's world, discrimination is a problem and is being tackled even today. In Islam, it has been taught that superiority should not exist, no black man should be superior than a white man and vice versa. It is taught that everyone should be treated equally and this was of course before human rights were really properly introduced. This is why, Islam is known as the religion of peace as it teaches equality and fairness.

The Western Approach

In the Western area, the concept of human rights is literally based on the Magna Carta. This was recognized in the world around six hundred years after the beginning of Islam. However, is claimed to be the starting process of human rights. Even after the seventeenth century the issue of human rights was not clearly set out. The Magna Carta is a document that was revealed in the year 1215. It includes 63 clauses within it. The main reason it was established was to show that the kings and government were not above the law. This meant that the law was established by the Magna Carta so that the king could not take advantage of the power he received, instead, the law would be looked at.

The sources of human rights are different. The way of thinking about how human rights were established is also different. The Western way of thinking is that the source of human rights is based on the human mind and human experience. The source of human rights and the way of thinking in Islam is that all kinds of rights and freedoms are granted by Allah (God). In Islam, it is believed that the true source of human rights is revelations. It is believed the revelations are the sole base of forming human rights.

Are Islamic Rights and Human Rights Compatible?

The question arises whether Islamic rights and human rights are compatible with one another. This issue is raised as there is politics around the world going on between religion and human rights. To consider this issue, first, it can be mentioned that all human rights of Islam essentially come from Islamic Shariah (Islamic law). Some people, neglect the thought of 'human rights' and say that all human rights are based on Western rights and norms, and they also believe that human rights have been developed from Western history. However, it has been highlighted above those Islamic rights have been ongoing for centuries even before the Magna Carta was developed. Therefore, it can be proven that Islamic rights were long existing before Western rights. The question would then arise if whether Islamic rights are outdated. Islamic rights are basic rights that are universal and fundamental to all beings. They are rights that are profoundly necessary for the living of life and therefore would not be found outdated. Another point that needs consideration is that the Holy Quran is not a legal principle that includes fundamental rights. People believe that it's not legally binding however it is a set of ethical and social rights that matter in society. A group of activists, Musawwah, use these Islamic rights from the Holy Quran to strengthen their belief in women's rights and strongly believe that Islamic rights are true ethical values.

Conclusion

Therefore, whether Islamic rights are compatible with human rights is a question without a definite answer. Many issues must be considered before deciding this. The significant goal would be to decide which Islamic rights match which human rights. Even when doing this, criticisms of each decision would have to be considered and therefore the answer is simply not a yes or no.