Rights of the People: Islam and Human Rights (book) - Revision history

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Freedom of Conscience and Belief and Religion

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	• The principle of retaliation in kind with the observance of justice, according to which Muslims should not deviate from the framework of justice in retaliation against non-Muslims.<ref>Al-Baqarah, 92.</ref>		• The principle of retaliation in kind with the observance of justice, according to which Muslims should not deviate from the framework of justice in retaliation against non-Muslims.<ref>Al-Baqarah, 92.</ref>
	== The Necessity of Distinguishing Between the Public and Private Spheres ==		== The Necessity of Distinguishing Between the Public and Private Spheres ==
	According to Kadivar, relying on the Delineation between the public and private spheres, he emphasizes the principle of non-public or non-sovereignty of affairs and considers the permission for surveillance and inspection to require a Legitimate Legal Warrant (p. 53). He also argues that not only is respecting the privacy of Muslims obligatory according to ~~verse~~ 12 ~~of Surah Al-Hujurat~~, but this also applies to non-Muslims (p. 56). According to him, one example of the prohibition of surveillance is the investigation of beliefs, and if a person has no inclination to express their opinion for any reason, they cannot be forced, and neither can someone be punished for having a particular belief (p. 57). Although he emphasizes the obligation of enjoining good and forbidding evil and states that residents of an Islamic society are not allowed to openly commit sins or pretend to commit sins in public (p. 60) failing to adhere to the conditions of this religious obligation can easily lead to unjustified interference in people's private lives (p. 61).		According to Kadivar, relying on the Delineation between the public and private spheres, he emphasizes the principle of non-public or non-sovereignty of affairs and considers the permission for surveillance and inspection to require a Legitimate Legal Warrant (p. 53). He also argues that not only is respecting the privacy of Muslims obligatory according to Quran 49:12, but this also applies to non-Muslims (p. 56). According to him, one example of the prohibition of surveillance is the investigation of beliefs, and if a person has no inclination to express their opinion for any reason, they cannot be forced, and neither can someone be punished for having a particular belief (p. 57). Although he emphasizes the obligation of enjoining good and forbidding evil and states that residents of an Islamic society are not allowed to openly commit sins or pretend to commit sins in public (p. 60) failing to adhere to the conditions of this religious obligation can easily lead to unjustified interference in people's private lives (p. 61).
	Kadivar argues that dealing with the religiosity of others requires the formulation of a legal framework that recognizes the minimum non-negotiable aspects of private life, and in addition, it is not necessary for such an institution to be a governmental entity, as it can act as a civil institution (p. 65-66).		Kadivar argues that dealing with the religiosity of others requires the formulation of a legal framework that recognizes the minimum non-negotiable aspects of private life, and in addition, it is not necessary for such an institution to be a governmental entity, as it can act as a civil institution (p. 65-66).

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Freedom of Conscience and Belief and Religion

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	• Peaceful coexistence and mutual respect, so Muslims are obligated to be peaceful with others, do good, and act justly. <ref>Quran 60:8-9</ref>		• Peaceful coexistence and mutual respect, so Muslims are obligated to be peaceful with others, do good, and act justly. <ref>Quran 60:8-9</ref>

	• Fulfilling the responsibilities that arise within the framework of treaties, contracts, and guarantees, which puts all relationships of Muslims with non-Muslims under the spotlight.<ref>~~Al-Maeda,~~ 1.</ref>		• Fulfilling the responsibilities that arise within the framework of treaties, contracts, and guarantees, which puts all relationships of Muslims with non-Muslims under the spotlight.<ref>Quran 5:1</ref>

	• The principle of retaliation in kind with the observance of justice, according to which Muslims should not deviate from the framework of justice in retaliation against non-Muslims.<ref>Al-Baqarah, 92.</ref>		• The principle of retaliation in kind with the observance of justice, according to which Muslims should not deviate from the framework of justice in retaliation against non-Muslims.<ref>Al-Baqarah, 92.</ref>

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Freedom of Conscience and Belief and Religion

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	• The non-obligation of Muslims to hold others accountable for their religion. <ref>Quran 42:15</ref>		• The non-obligation of Muslims to hold others accountable for their religion. <ref>Quran 42:15</ref>

	• Peaceful coexistence and mutual respect, so Muslims are obligated to be peaceful with others, do good, and act justly. <ref>~~Mumtahanah,~~ 8-9.</ref>		• Peaceful coexistence and mutual respect, so Muslims are obligated to be peaceful with others, do good, and act justly. <ref>Quran 60:8-9</ref>

	• Fulfilling the responsibilities that arise within the framework of treaties, contracts, and guarantees, which puts all relationships of Muslims with non-Muslims under the spotlight.<ref>Al-Maeda, 1.</ref>		• Fulfilling the responsibilities that arise within the framework of treaties, contracts, and guarantees, which puts all relationships of Muslims with non-Muslims under the spotlight.<ref>Al-Maeda, 1.</ref>

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Freedom of Conscience and Belief and Religion

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	• The principle of religious pluralism and people's differences in religion, which has occurred according to the will of God. <ref>Hud, 118.</ref>		• The principle of religious pluralism and people's differences in religion, which has occurred according to the will of God. <ref>Hud, 118.</ref>

	• The non-obligation of Muslims to hold others accountable for their religion. <ref>~~Shura,~~ 15.</ref>		• The non-obligation of Muslims to hold others accountable for their religion. <ref>Quran 42:15</ref>

	• Peaceful coexistence and mutual respect, so Muslims are obligated to be peaceful with others, do good, and act justly. <ref>Mumtahanah, 8-9.</ref>		• Peaceful coexistence and mutual respect, so Muslims are obligated to be peaceful with others, do good, and act justly. <ref>Mumtahanah, 8-9.</ref>

Sarfipour: /* Freedom of Conscience and Belief and Religion */

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Freedom of Conscience and Belief and Religion

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	According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:		According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:

	• The principle of inherent dignity of human beings, which includes non-Muslims as well. <ref>~~Isra’,~~ 70.</ref>		• The principle of inherent dignity of human beings, which includes non-Muslims as well. <ref>Quran 17:70</ref>

	• The principle of religious pluralism and people's differences in religion, which has occurred according to the will of God. <ref>Hud, 118.</ref>		• The principle of religious pluralism and people's differences in religion, which has occurred according to the will of God. <ref>Hud, 118.</ref>

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Freedom of Conscience and Belief and Religion

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	=== Human Rights and Slavery ===		=== Human Rights and Slavery ===
	According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>Quran 90:11-12</ref> 2. Encouragement to negotiate,<ref>Quran 24:32</ref> 3. Freeing of slaves through zakat,<ref>Quran 9:60</ref> 4. Freedom as a form of kaffarah<ref>~~Al-Maedah,~~ 89~~; An-Nisa~~, 92~~; Mujadelah,~~ 3.</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).		According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>Quran 90:11-12</ref> 2. Encouragement to negotiate,<ref>Quran 24:32</ref> 3. Freeing of slaves through zakat,<ref>Quran 9:60</ref> 4. Freedom as a form of kaffarah<ref>Quran 5:89, Quran 4:92 & Quran 58:3</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).
	=== Rights of Non-Muslims ===		=== Rights of Non-Muslims ===
	According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:		According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:

Sarfipour: /* Freedom of Conscience and Belief and Religion */

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Freedom of Conscience and Belief and Religion

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	=== Human Rights and Slavery ===		=== Human Rights and Slavery ===
	According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>Quran 90:11-12</ref> 2. Encouragement to negotiate,<ref>Quran 24:32</ref> 3. Freeing of slaves through zakat,<ref>~~At-Tawbah~~ 60.</ref> 4. Freedom as a form of kaffarah<ref>Al-Maedah, 89; An-Nisa, 92; Mujadelah, 3.</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).		According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>Quran 90:11-12</ref> 2. Encouragement to negotiate,<ref>Quran 24:32</ref> 3. Freeing of slaves through zakat,<ref>Quran 9:60</ref> 4. Freedom as a form of kaffarah<ref>Al-Maedah, 89; An-Nisa, 92; Mujadelah, 3.</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).
	=== Rights of Non-Muslims ===		=== Rights of Non-Muslims ===
	According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:		According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:

Sarfipour: /* Freedom of Conscience and Belief and Religion */

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Freedom of Conscience and Belief and Religion

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	=== Human Rights and Slavery ===		=== Human Rights and Slavery ===
	According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>Quran 90:11-12</ref> 2. Encouragement to negotiate,<ref>~~Nur,~~ 32.</ref> 3. Freeing of slaves through zakat,<ref>At-Tawbah 60.</ref> 4. Freedom as a form of kaffarah<ref>Al-Maedah, 89; An-Nisa, 92; Mujadelah, 3.</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).		According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>Quran 90:11-12</ref> 2. Encouragement to negotiate,<ref>Quran 24:32</ref> 3. Freeing of slaves through zakat,<ref>At-Tawbah 60.</ref> 4. Freedom as a form of kaffarah<ref>Al-Maedah, 89; An-Nisa, 92; Mujadelah, 3.</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).
	=== Rights of Non-Muslims ===		=== Rights of Non-Muslims ===
	According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:		According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:

Sarfipour: /* Freedom of Conscience and Belief and Religion */

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Freedom of Conscience and Belief and Religion

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	=== Human Rights and Slavery ===		=== Human Rights and Slavery ===
	According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>~~Balad,~~ 11-12.</ref> 2. Encouragement to negotiate,<ref>Nur, 32.</ref> 3. Freeing of slaves through zakat,<ref>At-Tawbah 60.</ref> 4. Freedom as a form of kaffarah<ref>Al-Maedah, 89; An-Nisa, 92; Mujadelah, 3.</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).		According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>Quran 90:11-12</ref> 2. Encouragement to negotiate,<ref>Nur, 32.</ref> 3. Freeing of slaves through zakat,<ref>At-Tawbah 60.</ref> 4. Freedom as a form of kaffarah<ref>Al-Maedah, 89; An-Nisa, 92; Mujadelah, 3.</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).
	=== Rights of Non-Muslims ===		=== Rights of Non-Muslims ===
	According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:		According to Kadivar, there is no predetermined template for all times and places. Therefore, considering the diversity of conditions, regulations such as jizyah (head tax) and also the details of contracts are not fixed rulings, and these Islamic social rulings are only appropriate and relevant to the political conditions of the time of revelation (p. 382-386). Mohsen Kadivar, relying on the Quran, considers the principles and foundations of the rights of non-Muslims as follows:

Sarfipour: /* Freedom of Conscience and Belief and Religion */

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Freedom of Conscience and Belief and Religion

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	From Kadivar's perspective, a Muharib is someone who intends to frighten people and uses weapons to take away the peace, freedom, and security of people. However, he does not consider weapons as inherently problematic; rather, he believes that weapons represent tools and power that incite fear among people (p. 246). In his view, rebellion and armed combat are intentional, and the truth of each depends on verifying the intention (p. 254).		From Kadivar's perspective, a Muharib is someone who intends to frighten people and uses weapons to take away the peace, freedom, and security of people. However, he does not consider weapons as inherently problematic; rather, he believes that weapons represent tools and power that incite fear among people (p. 246). In his view, rebellion and armed combat are intentional, and the truth of each depends on verifying the intention (p. 254).
	=== Women’s Rights ===		=== Women’s Rights ===
	The author believes that there are two images of women in religious literature:		The author believes that there are two images of women in religious literature:
	• A different but equal human being alongside men, without being inferior, as in ~~verses~~ 71 ~~of Surah At-Tawbah and verse~~ 35 ~~of Surah Al-Ahzab~~,
	• Another image based on differences and discrimination of rights, which is the same as the legal and jurisprudential image of women (p. 298-299).		• A different but equal human being alongside men, without being inferior, as in Quran 9:71 & Quran 33:35,

			• Another image based on differences and discrimination of rights, which is the same as the legal and jurisprudential image of women (p. 298-299).

	According to the author, the discrimination existing in the legal and jurisprudential image of women during the revelation of the Quran and in the time of the Prophet (PBUH) were rational, fair, and the best solutions compared to other schools. However, now, with a rational context, these rulings are considered variable (p. 305).		According to the author, the discrimination existing in the legal and jurisprudential image of women during the revelation of the Quran and in the time of the Prophet (PBUH) were rational, fair, and the best solutions compared to other schools. However, now, with a rational context, these rulings are considered variable (p. 305).

	=== Human Rights and Slavery ===		=== Human Rights and Slavery ===
	According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>Balad, 11-12.</ref> 2. Encouragement to negotiate,<ref>Nur, 32.</ref> 3. Freeing of slaves through zakat,<ref>At-Tawbah 60.</ref> 4. Freedom as a form of kaffarah<ref>Al-Maedah, 89; An-Nisa, 92; Mujadelah, 3.</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).		According to the author, the Quran has accepted both the free individual and the slave (p. 368), and its rulings on slavery explicitly oppose the human rights covenant (p. 356). However, the Quran has neither signed nor endorsed any means of enslaving individuals, and it has not said anything in negation or affirmation of this. On the other hand, the Quran has recognized the abolition of slavery in four axes: 1. Encouragement to free slaves,<ref>Balad, 11-12.</ref> 2. Encouragement to negotiate,<ref>Nur, 32.</ref> 3. Freeing of slaves through zakat,<ref>At-Tawbah 60.</ref> 4. Freedom as a form of kaffarah<ref>Al-Maedah, 89; An-Nisa, 92; Mujadelah, 3.</ref> (p. 365). According to him, ultimately, with the decline of the rational tradition, which was the main basis for the principle of slavery in Islam, it is natural for this principle to be recognized as a temporary and religious ruling, and there is no evidence for a fixed ruling on slavery, and all rational rulings are contingent upon the continuity of justice and rationality (p. 375).