Islam, Citizenship Rights, and the Related Enforcing Guarantees (Book)
- abstract
Islam and Citizenship Rights and the Related Enforcing Guarantees(in persian: اسلام و حقوق شهروندی و ضمانت های اجرایی آن) is a book written in Persian and addresses four fundamental citizenship rights: the right to life, freedom of belief, freedom of thought, and freedom of expression, along with the mechanisms for their implementation within an Islamic society. The author, Mohammad Ahmadian, conducts research based on Sunni jurisprudential sources regarding these rights and claims that their implementation is feasible in a justice-oriented state that features a council-based system and the mindful engagement of its citizens. Additionally, the author discusses the enforcing guarantees of human rights in democratic systems and, through a comparative study of Islamic and democratic systems, supports the idea of synergy between the two. He asserts that both democratic and Islamic systems share a consensus on the importance of ensuring the implementation of citizenship rights.
Book structure
"Islam, Citizenship Rights and the Related Enforcing Guarantees ", authored by Muhammad Ahmadian, addresses the issue of citizenship rights from an Islamic viewpoint, based on the legal sources of Sunni jurisprudence. The book comprises 112 pages and was published by Ehsan Publishing in 2017. It is divided into four chapters, each elaborating on its respective themes. The first chapter addresses the documentation of four key citizenship rights: the right to life, the right to freedom of belief, the right to freedom of thought, and the right to freedom of expression, drawing upon Quranic verses and examining various related objections. In the second chapter, the author discusses the strategies for guaranteeing the implementation of these rights from an Islamic viewpoint, which encompass a justice-oriented government, the distribution of power, a council-based system, and the mindful engagement of the citizenry. The third chapter focuses on the guarantees for the implementation of human rights within democratic systems, while the final chapter explores the synergy between Islamic and democratic systems with respect to providing guarantees for the implementation of citizenship rights. The author contends that both systems are converging in their commitment to ensuring the effective realization of these rights.
citizenship rights in Islam
The author presents four fundamental rights for citizens in the first chapter of the book, referencing verses from the Quran:
• The right to life
The author emphasizes the significance of the right to life for humans, referencing verse 20 of Surah Luqman, which asserts that the entire universe is made subservient to humanity. According to the author, this importance is the reason why God has not granted anyone the right to infringe upon human life. Furthermore, based on verse 32 of Surah Al-Ma'idah, taking the life of one individual is equated with taking the life of all humanity. The writer also addresses the apparent conflict between the "right to life" and "qisas" (retribution), explaining that the law of qisas is established to deter crime and chaos within society. Nevertheless, the he believes that the right to life is so paramount in Islam that, as indicated in verse 40 of Surah Al-Shura, the relatives of the deceased are encouraged to forgive the offenders. According to the author, Islam's emphasis on the right to life begins at the embryonic stage, establishing specific penalties and compensation for those who perform abortion. The author cites the book "Political Jurisprudence" by Qaradawi, highlighting that the exemption of a pregnant mother from fasting and the postponement of her punishment until after childbirth are further indicators of Islam's significant regard for the right to life (pp. 7-18).
• The right to freedom of belief
The right to freedom of belief in this book is substantiated by verse 256 of Surah Al-Baqarah, which clearly states that there should be no coercion or compulsion in religious acceptance. According to the author, coercion in matters of faith undermines the very philosophy of trial and testing. Furthermore, verses from the Quran, such as verse 29 of Surah Al-Kahf, consistently emphasize the importance of human choice and will. The writer cites Islamic thinkers like Rashid al-Ghannouchi, who regard this right as a fundamental principle underpinning other freedoms (pp. 18-21).
• The right to freedom of thought
Following an analysis of the connection between thought and reflection, the author references the contemporary scholar Muhammad Ghazali, who believes that engaging in free thought to uncover the truth is primarily a religious responsibility rather than simply a right. Additionally, he quotes Abdul Karim Zedan, who asserts that the realization of religious obligations is dependent on the existence of intellectual freedom. The author highlights that one of the defining features of the intellectual environment in Islam is the freedom of discourse, as long as it is based on constructive debate and wisdom. Thus, the Quran, in verses 17 and 18 of Surah Az-Zumar, identifies the truly guided individual as one who listens to others and accepts the most commendable arguments. The author further states that, according to verses 60 and 61 of Surah Al-Ahzab, creating turmoil in the social sphere and engaging in harmful propaganda undermines the rights of others in the context of intellectual freedom, and he considers the opposition to those who foster intellectual and social corruption to be vital for the health of society (pp. 21-33).
• The right to freedom of expression
The author identifies the primary example of freedom of expression in verse 4 of Surah Al-Rahman as the articulation of one's innermost thoughts. According to the writer, the challenge and provocation presented by the Quran gains significance when individuals are free to express opinions that contradict its teachings (pp. 33-37).
The importance of good conduct and the observance of justice towards non-Muslim citizens
The author concludes the first chapter by addressing the rights of non-Muslim citizens within an Islamic society. He asserts that, according to verse 4 of Surah al-Mumtahana, God explicitly calls upon Muslims to treat non-Muslim citizens with kindness and justice. Furthermore, in verse 42 of Surah Al-Ma'idah, the Prophet Muhammad (PBUH) is instructed to adjudicate fairly among them. The author believes that "justice" is a universal principle that applies to all individuals, regardless of their beliefs, serving as a foundation for the protection of the civil rights of all citizens in the community. He notes that the Prophet (PBUH) regarded anyone who harms a dhimmi as an enemy. However, non-Muslim citizens may be deprived of their civil rights and face political authority if they disturb public order (pp. 37-44).
The enforcing guarantee of citizens' rights in Islam
In the second chapter, the author identifies several factors that ensure the implementation of citizens' rights within an Islamic society, including a justice-oriented government, the distribution of power rather than its concentration in one person, the presence of a council system, and the mindful engagement of the populace.
A justice-oriented government
The author believes that, in accordance with verse 25 of Surah Al-Hadid, only states are capable to provide and ensure justice in its fullest sense. This justice and equity are the fundamental guarantees of citizens' rights. Thus, the government stands as the primary protector of these rights (pp. 46-48). In the context of "power distribution," the author points out two results of a justice-oriented government: "welfare" and "security," which are essential for the protection of citizens' rights (p. 52).
Power distribution
The concentration of power in the hands of a single individual can lead to the infringement of citizens' rights. The author asserts that rather than seeking a "just ruler," society should aim for a "just structure" that promotes a fair distribution of power to uphold civil rights. He believes that verse 7 of Surah Al-Hashr, which emphasizes the importance of wealth distribution, can serve as an example of power dynamics. According to the author's report, based on verse 16 of Surah Al-Isra, if the increase in wealth is not controlled through "piety and faith" internally and through legal mechanisms for "power distribution" externally, it will result in corruption. The writer identifies political power distribution as another significant aspect of power allocation (pp. 48-63).
Council-based system
According to the author, just as verse 233 of Surah Al-Baqarah guarantees the right to breastfeeding for a child through a family-based consultative decision, the rights of citizens will also be secured through a council-based govrnment. The writer characterizes a consultative government as one that distributes power, thus realizing equity and justice, and enabling citizens to access their rights (pp. 63-69). During the discussion on "the informed participation of the populace," the author references the Battle of Uhud as a strong illustration of the importance of consultation, highlighting that the council's decision was contrary to the Prophet's view, while the Prophet was aware of the potential consequences, namely defeat (p. 74).
The mindful engagement of the populace
The author asserts that the mindful engagement of the people is essential for safeguarding citizens' rights and ensuring the establishment of justice. He views public scrutiny as a key factor in preventing the misconduct of rulers, considering it both a right and a duty of the people, which aligns with the principles of enjoining good and forbidding evil. Furthermore, based on verse 104 of Surah Al-Imran, the writer deems the formation of Islamic parties to be permissible for the protection of citizens' rights. (pp. 69-75)
The convergence of enforcing guarantees within Islamic and democratic systems
In the third chapter of the book, the author explores the various factors that contribute to the enforcement of human rights in democratic systems. His goal is to compare the mechanisms for ensuring citizens' rights in Islamic systems with those in democratic contexts. He points out that the involvement of citizens in the political landscape as crucial for preventing tyrannical governments and ensuring the rule of law (pp. 80-84), the formation of political parties and institutions to structure and raise public awareness (pp. 84-85), and, ultimately, the limitation of governmental authority through engagement with international organizations (pp. 85-88) as vital components in the protection of citizens' rights in democratic systems. In the fourth chapter of the book, the author asserts that neither Islam nor democratic systems are indifferent to the enforcement of citizens' rights; rather, both are aligned in their objectives. However, he emphasizes that no legislator is more comprehensive and compassionate towards humanity than God. The establishment of the 53-article constitution in Medina by the Prophet is viewed as a guarantee for the rights of non-Muslim citizens, suggesting that the Islamic framework for rights protection is on par with, if not superior to, democratic systems. The author highlights the significance of public consultation, citing the Prophet's acceptance of "Hubab ibn Mundhir's" proposal for the military arrangement around the well of Badr as an example of Islam's regard for diverse opinions. Furthermore, the author draws parallels between contemporary political parties and civil institutions and those of early Islam in the context of citizen rights. Considering the separation of powers in modern systems, he believes that the distribution of power is more structured compared to early Islamic period; yet, the author finds both to be closely related. In conclusion, the author examines instances of mercy in the verses of the Quran, presenting Islamic mercy as a foundation for global peace (pp. 89-110).