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Sunday, May 26, 2013



(1) The concept of Human Rights According to the West
stilah human rights emerged after the French Revolution, which figures bourgeois coalition with church leaders to seize the rights of the people they already have from birth. As a result of the long oppression experienced by both the European society of this, comes the people's resistance and that eventually succeeded in forcing the king recognizes human rights law.
Among them was the announcement of the human rights of King John to the people of England in 1216. Announcements made in America in 1773. These rights was adopted by the leaders of the French Revolution in a more obvious and widespread, and declared on August 26, 1789. Then the International declaration on human rights issued in December 1948.
But actually for the Muslim community, has never experienced oppression experienced by Europe, where the system of Islamic law has guaranteed rights for all people in accordance with the general rules given by God to all mankind.
In modern terms, what is meant by the right is the authority granted by law to an individual above a certain something and a certain value. And in this modern discourse, rights are divided into two:

Man's natural rights as human beings, that is according to his birth, such as: the right to life, right to personal liberty and the right to work.
Human rights acquired as part of the community as a member of the family and society as individuals, such as: rights have, menage-ladder rights, the right to the security, the right to obtain justice and equal rights in the rights.
There are many different classifications of human rights according to western ideas, including:

Distribution of rights under substantive rights which include; rights security, honor and selection as well as a place to stay, and moral rights, which include: freedom of religion, and social rights of association.
Division into three rights: the right of freedom of private life, right to liberty of spiritual life, and the right of freedom to form associations and unions.
Division of rights into two: negative freedom memebentuk ties to the state for the benefit of citizens; positive freedom which includes state services to its citizens.
It is understandable that these divisions only look from the state ban on touching these rights. Because human rights in view of the west does not in itself require the state to guarantee security or education, and so forth. But to stem the influence of socialism and communism, the political parties in the West urged the state to interfere in-hand to guarantee rights such as employment and social security.

(2) The concept of Human Rights According to Islam
ak rights in Islam is different from the meaning of rights commonly known. Because all rights an obligation of the state or individuals that should not be overlooked.The Messenger of Allah to have said: "Truly your blood, your wealth and your honor unclean to you." (Narrated by Bukhari and Muslim).Then the state not only to refrain from touching these rights, it has an obligation to provide and guarantee these rights.
For example, the state is obliged to guarantee social protection for every individual without distinction of sex, there are also differences in Muslim and non-Muslim. Islam makes it an obligation not only the state, but the state was ordered to fight to protect these rights. From this the Muslims under Abu Bakr fighting those who do not want to pay zakat.
The state also ensures there is no violation of the rights of the individual. Because the government has a social tuga if not implemented means no right to fixed rule. Allah says:"That is, people who if We teguhkan position on earth, they would uphold prayers, practice regular charity, doing good and preventing told to do evil deeds. And to Allah return all matters." (Qur'an, 22: 4)
Personal Rights guarantees
The first guarantee of individual rights in the history of mankind is described Al-Qur'an:"O ye who believe, do not enter the house that is not your house before asking permission and saluted the inhabitants ... and so on." (Qur'an 24: 27-28)
In explaining this verse, Ibn Hanbal in Tsulatsiyah Sharh Musnad Imam Ahmad explained that the people who see through ointu cracks or holes through walls or the like in addition to opening the door, then the host threw or hit up injuring his eyes, then there is no penalty whatsoever for him, although he was able to pay the fine.
If looking for a person prohibited disgrace to the individual, then it is also prohibited to the states. Authorities are not justified finding fault individual people or society. Messenger of Allah said: "If in doubt seek a leader among men, then he has destroyed them." Imam Nawawi in Riyadus-Righteous tell Umar saying: "People convicted by the revelation at the time of the prophet peace be upon him. However revelation has stalled. Menghukumi therefore we only see what we outwardly of your deeds."
Muhammad Ad-Daghmi in At-Tajassus Ahkamuhu wa fi Sharia Islamiah revealed that the scholars argued that the actions of the authorities to find fault to expose crimes and indecent behavior, indecent behavior abort his efforts in exposing it. The scholars determine that disclosure misguidance is not the result of an attempt to find fault are religiously forbidden.
Act of finding fault is done when muhtasib has sought to investigate the symptoms of indecent behavior in a person, or he has been trying to seek out the evidence that led to the indecent act. The scholars stated that every misguidance is berlum seem real evidence, then it is considered indecent behavior indecent closed unjustified for others to express it. If not, then this disclosure effort includes tajassus are religiously forbidden.

(3) Nash Qur'an and Sunnah about human rights
eskipun in Islam, human rights are not specifically have a charter, but the Al-Quran and As-Sunnah focus on the rights of the other nations are ignored. These texts very much, among others:

In the Qur'an there are about forty verses that speak of coercion and hatred. More than ten verses talk ban force, to guarantee freedom of thought, conscience and express their aspirations. For example: "Truth comes from your Lord, whosoever wants let him believe in faith, and anyone who wants to disbelieve, let him disbelieve." (Surah 18: 29)
The Qur'an has set forth a stand against tyranny and those who do dzalim in about three hundred and twenty verses, and ordered to do justice in a fifty-four verses that expressed by the words: 'adl, qisth and qishas.
Al-Qur'an filed approximately eighty verses about life, maintenance and provision of living life. For example: "Whoever kills a human being, not because that person kills another person, or for spreading mischief in the land, it is as if he has killed all mankind." (Surah 5: 32). Also honored in the Qur'an speak about twenty verses.
The Qur'an explains about one hundred and fifty verses about creation and creatures, as well as about equality in creation. For example: "... One of the most noble among you is the most bertawa among you." (Surah 49: 13)
At the Farewell Pilgrimage of the Prophet affirmed explicitly human rights, the scope of the Muslim and non-Muslim, the leader and the people, both men and women. At the sermon the Holy Prophet also reject theories about the basic values ​​of Jewish descent.
Human in the eyes of Islam all the same, yet different ancestry, wealth, position or sex. Faith-is what distinguishes them. People and authorities also have equality in Islam. That is until now this has not been achieved by a modern democratic system. Prophet as head of state also is human, what applies to it applies to the people. Then Allah commanded him to declare: "Let's say that I'm only human, it's just that I was given a revelation, that your God is one God." (Qur'an 18: 110).

(4) Formulation of Human Rights in Islam
pa called human rights in the man-made rules are mandatory (dharurat) in which people can not live without him. Muslim clerics define the problems in the book of Fiqh called Ad-Dharurat Al-Khams, which stipulated that the ultimate goal is to keep the Islamic Shari'ah sense, religion, life, honor and property of the people.
The Holy Prophet has affirmed this right in a big international meeting, which is at the Farewell Pilgrimage. Of Abu Umamah bin Tsa'labah, the prophet of Allah said: "Whoever deprives a Muslim, then he has the right to go to hell and go to heaven haram." A man asked: "Even though it's something small, wahay prophet?" He replied: "Although only a wooden wine." (Narrated by Muslim).
Islam is different from other systems in that the rights of man as God's servant must not be submitted to and dependent on the authorities and the law. But all must refer to the law of God. Until the matter is still seen as Sadaqah great things else. For example, God forbid bershadaqah (doing good) with bad things. "And do not pick bad ones and then you spend on him ..." (Qur'an 2: 267).
1. Natural rights
The rights of human nature has given to all mankind as creatures created from the same element and from the same source as well (see QS. 4: 1, QS. 3: 195).
a. Right to Life
Allah guarantees of life, such as by prohibiting murder and clicking-qishas killer (see QS. 5: 32, QS. 2: 179). Even the deceased was guarded by right of God. For example hadith the prophet: "If someone mengkafani his brother's body, let him mengkafani well." Or "Do not berate people who are already dead. Because they have passed what they do." (Both HR. Bukhari).
b. Rights of Religious Freedom and Personal Freedom
Personal liberty is the most basic for human rights, and the most sacred freedoms is the freedom of religion and practice their religion, as long as does not interfere with the rights of others. The Word of God: "And if thy Lord had willed, surely faithful people on earth entirely. Did you force people so that they become believers all?" (Surah 10: 99).
To ensure freedom groups, communities and between nations, God commanded combat groups transgress against other groups (Qur'an 49: 9). Similarly, the rights of non-Muslim worship. Caliph Abu Bakr advised Yazid as would lead the troops: "You will find people who have a belief that they are immersed in solitude worshiping God in the monasteries, then let them." Khalid bin Walid did a deal with the Hirah to not disrupt place of worship (churches and synagogues) and do not prohibit their ceremonies.
Harmony of religious life for minorities is governed by the general principles of verse "There is no compulsion in religion." (Qur'an 2: 256).
Whereas in civil matters and personal life (ahwal syakhsiyah) for those governed by Islamic law provided they are willing to accept it as law. The Word of God: "If they (the Jews) come to ask for the decision, give the decision between them or leave them. If you let them, it will not bring harm to you. If you ruled the law, you shall decide justly. Verily Allah loves people who are fair. " (Surah 5: 42). If they do not follow the rule of law in the Islamic country, then they should follow the rules of his religion - as long as they stick to the original teachings. The Word of God: "And how do they raise you as a judge, while there on their Torah in which there is the law of God? Then they do not heed your call. Surely they are not people of faith." (QS.5: 7).
c. Rights Work
Islam is not just a place to work as a right but also an obligation. Work is a privilege that needs to be secured. The Holy Prophet said: "There is no better food than someone who eat foods produced from his own efforts." (Narrated by Bukhari). And Islam also guarantees the rights of workers, as seen in the hadith: "Give the worker his wages before his sweat dries." (Narrated by Ibn Majah).
2. Right to Life
Islam protects all human rights acquired disyari'atkan by God. Among these rights are:
a. Ownership Rights
Islam guarantees the legitimate rights of ownership and forbids the use of any means to get someone else's property that is not right, as Allah says: "And do not some of you take the other half possessions among you with the falsehood and do not bring the matter to the judge that treasure you can take most other people's property by way of sin when you figure it out. " (Qur'an 2: 188). Hence Islam prohibits usury and every effort adverse human livelihood. Islam also prohibits fraud in commerce. Word of the prophet peace be upon him: "Buying and selling is the option for the seller and buyer have not been separated. If both are honest in buying and selling, then they are endowed. However if you lie and deceive blessing-bei sell them removed." (Narrated by al-khamsah)
Islam also prohibits deprivation of property acquired from a lawful business, except for the general kemashlahatan and requires payment of a just retribution for the owner. Word of the prophet peace be upon him: "Whoever took the land rights of others unlawfully, then he is buried in the earth layer seven on the Day of Resurrection." Violation of public rights and greater sanctions will be more severe, because it means that society as a whole tehadap violation.
b. Family rights
God made marriage as a means to obtain peace. Even God ordered the trustees wed bachelor people under guardianship (Surah 24: 32). Aallah determine the rights and obligations in accordance with nature are given to human beings and in accordance with the burden borne by the individual.
At the country level and leadership at the head of the family to the family of men. This is intended as an excess of men over women (Surah 4: 34). But the rights and obligations of each has the same load. "And the women have equal rights with obligations under ma'ruf way, but the husband has a degree of advantage of her." (Qur'an 2: 228)
c. Security Rights
In Islam, the security is reflected in livelihood security and security life and property. The Word of God: "God has given them for food to eliminate hunger and secured them from fear." (Surah Quraish: 3-4).
Among the types of security are banned to enter the house without permission (Surah 24: 27). If citizens do not have a place to stay, the state is obliged to provide for him. Including security in Islam is to give benefits to the poor, orphans and those in need. Therefore, Umar bin Khattab implementing social benefits to every baby born in Islam either poor or rich. He said: "By Allah that no gods besides Him, every person has a property right in this country, I give or not give me." (Abu Yusuf Al-Kharaj). Umar also likely to bring an old Jewish poor to Baitul-Maal officers to be given charity and exempt from the jizya.
For the convicted or accused of security guarantees have to be tortured or mistreated. Warning prophet peace be upon him: "Verily Allah torment those who torment people in the world." (Narrated by al-khamsah). Islam regards the fall of the decisions taken on recognition of crimes that are not done. Word of the prophet peace be upon him: "Verily Allah remove from my ummah and forget mistakes and actions undertaken coercion" (Narrated by Ibn Majah).
Among the security guarantee is the right of political asylum mendpat. When there are oppressed people seeking asylum in the country who entered the Darul Islam. And the Muslim community is obliged to asylum and security to them if they ask. The Word of God: "And if anyone of the idolaters ask protection of thee, then protect it so that he could hear the word of God, then antarkanlah to a safe place for him." (Surah 9: 6).
d. Rights Justice
Among those rights is the right to follow any rules of Shari'ah and given a verdict in accordance with the Shari'ah (Qur'an 4: 79). In this case also the right of every person to defend themselves from unfair actions that he received. Word of Allah: "Allah does not like the words spoken frankly except by people who are persecuted." (Qur'an 4: 148).
Is the right of every person to ask for protection for the legitimate authority that can provide protection and defend it from harm or abuse. For Muslim ruler shall enforce justice and provide adequate security guarantees. Word of the prophet peace be upon him: "The leader of a shield, fighting behind and seek refuge with him." (Narrated by Bukhari and Muslim).
Including the right of every person to get the defense and also have the obligation to defend the rights of others with consciousness. Messenger of Allah said: "Will you tell me a good witness palng? Was he who gave testimony before the requested testimony." (Narrated by Muslim, Abu Dawud, Nasa'i and Tirmidhi). Not justified taking other people's rights to defend themselves in the name of anything. Because the prophet asserts: "Verily, those who actually have a defense." (Narrated by al-khamsah). A Muslim is also entitled to reject rules that are contrary to the Shariah, and collectively ordered to take a stand in solidarity against fellow Muslims who retain copyright.
e. Rights Defending and Supporting Each Other
Perfection of faith of which is indicated by giving the rights to its owner as possible, and helping others in defending the rights and prevent tyranny. Even the attitude of silence the apostles forbid fellow Muslims, disconnects the relation and turned to face each other. Word of the prophet peace be upon him: "The right of Muslims against Muslims are five: to answer greetings, visiting the sick, drove to the tomb, the invitation and pray when sneezing." (Narrated by Bukhari).
f. Justice and Equality Rights
God sent the prophet for social change by declaring equality and justice for all mankind (see QS. Al-Hadid: 25, Al-A'raf: 157 and An-Nisa: 5). The whole people equal under the law. Word of the prophet peace be upon him: "If the child Fatima Muhammad stole, I definitely cut his hand." (Narrated by Bukhari and Muslim).
At the time of the prophet many stories about equality and justice laws. For example the case of a tribal princess who stole Makhzum then asked for legal relief by Usamah bin Zaid, until then rebuked by the apostle: "... If the person is a resident of you committing theft, he left. However if a weak person who committed theft, they enact criminal law ... " Also the story of Al-Ghassani Jabalah king converted to Islam and persecution as hajj, Umar still enforce the law even though he was a king. Or the story of Ali who complain about the Jewish war shields, where Jews finally won the case.
Umar had advised the Abu Musa Al-Ash'ari when lifting as Qadli: "Amend people in front of you, in majlismu, and in your court. So do not expect a person who is a resident and a weak kedzalimanmu not despair over of justice."

(5) On Freedom Condemn Sharia
ost people took to the freedom of speech, including criticism of the proposed feasibility of the Qur'an and Sunnah as the grip of modern human life. There came the sound demanding equal rights of men to women, condemnation of polygamy, demands for mixed marriages (Muslim-non-Muslim). And they even invite the understanding of the Qur'an with changing the core mission of the Qur'an.
People with this view basically has put himself out of the religion of Islam (riddah) that the penalties are very severe. But if the majority of Muslims want sharia punishment on them, and their answer is that the Qur'an does not mention sanctions riddah. In other words they want to say that the Sunnah of the Holy Prophet. Have no legal force in Shariah, including the riddah sanctions.
To answer this there are some important things that must be understood, namely:

Freedom is defined by freedom without control and the bond will not be found in any society. Ties and the control of which is not dibenarkannya out of the general rule in the country. Then there is no freedom blasted things seen by the state as the main pillars for the community.
Islam does not force a person to enter into Islam, but guarantees freedom to non-Muslims to perform their religious Shari'ah although contrary to the teachings of Islam. Therefore, when there is a Muslim who claimed that agamnya not perfect, it means he has made a mistake that was threatened by the prophet peace be upon him: "Whoever changes his religion, then kill it." (Narrated by Bukhari and Muslim).
Although there is freedom in Islam, is not meant for people who have converted to Islam have the freedom to change the laws that exist in the Qur'an and Sunnah.
In Islam there is no concept of a secret in the hands of a holy man, and there is also no belief which is contrary to common sense reasoning such as Trinita and Forgiveness Card. Thus, there is no excuse for the opponents of Islam to come out of Islam or make changes to Islam.
Islam recognizes that the religion of the Book. From Islam permits Muslim men to marry women of the Book, because the line lineage in Islam is in the hands of men.
Riddah sanctions are not described in the Qur'an as worship and other muamalah. The Qur'an only describes the global course and commissioned the prophet peace be upon him explain the details of the laws and obligations. The Word of God: "And We have sent down to you the Qur'an that you may explain to mankind what has been revealed to them, and so they think." (Surah 16: 44)


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