Rights of the People: Islam and Human Rights

Author: Reza Shams

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“Rights of Mankind: Islam and Human Rights” is a book written by Mohsen Kadivar in Persian, in which three essential criteria - rationality, justice, and the being the best solution - are considered necessary elements for jurisprudential rulings. According to Kadivar, these rulings possessed these characteristics during the time of the Prophet Muhammad (PBUH), and any contemporary ruling lacking these three conditions falls into the category of changeable Islamic rulings, rendering it abrogated and condemned. According to Mohsen Kadivar, the conventional and prevalent approach in Islam is in conflict with modernity and human rights. Traditional Islam, he argues, is incompatible with human rights in several aspects, such as the equality of women's rights with men's, Muslims with non-Muslims, slaves with free individuals, and issues like freedom of belief and religion. He asserts that, for instance, traditional Islam has discriminated against women in issues of divorce and inheritance, which, although rational and just at the time of the Quranic revelation and the era of the Prophet (PBUH), now fall under changeable Islamic rulings and are considered abrogated in light of contemporary reasoning. In this book, Kadivar cites Quranic verses that guarantee freedom of belief and interprets the death penalty for apostasy as contradictory to Quranic texts. Referring to verses from Surah Haj and Hadid, along with the statements of Imam Ali (AS), Kadivar delves into the rights of political dissidents. Emphasizing the elevation of women, the abolition of slavery, attention to the rights of non-Muslims, and the necessity of respecting the privacy of both Muslims and non-Muslims based on Quranic verses are among the other topics addressed in the abovementioned book. The book “Rights of Mankind” is a compilation of articles written between 1998 and 2007, each separately published. The book has received some criticism, including that by Behzad Hamidiyeh, who considers the reliance on presuppositions derived from human rights as one of the book's shortcomings and acknowledges Kadivar's failure to utilize authentic religious sources.

About the Book and the Author

Mohsen Kadivar (b. 1959) is a reformist mujtahid who received authorization for ijtihad from Hossein Ali Montazeri. He holds a Ph.D. in Islamic philosophy and Theology from Tarbiat Modarres University in Tehran. Since 2009, he has been actively teaching at Duke University in the United States. Kadivar authored the articles published in the book “Human Rights” between the years 1998 and 2006 and released them separately. This compilation was first published in 2008 by Kavir Publications (p.11). The book "Rights of Mankind" has been translated into English and published in the "Collection of Translations of Modern Muslim Thinkers" by Edinburgh University. It marks the first work by an Iranian author and the first translation from Persian in this collection . Additionally, Kadivar has contributed 12 articles related to human rights issues in the book "Concerns of Religious Governments" published in the year 2000 by Ney Publications (p. 11).

Structural Overview

The book, “Rights of Mankind: Islam and Human Rights," authored by Mohsen Kadivar, comprises 14 articles exploring Islam and human rights. Kadivar critically examines the prevailing perspectives of Muslim scholars in relation to human rights, asserting that belief in God, faith in the afterlife, and adherence to the teachings of Prophet Muhammad (PBUH) inherently pose no conflict with the human rights approach. The author has organized the book into five thematic sections.

Section 1: The Bases for Discussions on Islam and Human Rights: This section includes three articles:

1. “From Traditional Islam to Spiritual Islam:” Comparing the traditional approach to Islam with the end-oriented approach.

2. “The Principles of Compatibility between Islam and Modernity:” Discussing the relationship between Islam and modernity as a framework that includes human rights.

3. “An Introduction to the Public and Private Debate in Islamic Culture:” Examining human rights.

Section II: Islam and Human Rights: This section includes three articles: 1. “Imam Sajjad (A) and the Rights of Mankind:” Exploring the legal rights of Imam Sajjad (AS) and the meaning of rights in religious texts.

2. “Written Interview on Human Rights and Religious Intellectualism:” Addressing the relationship between traditional Islam and the Universal Declaration of Human Rights, related agreements, and solutions for harmonizing Islam and human rights.

3. “Human Rights, Secularism, and Religion:” Investigating the relationship between human rights and two contemporary rival ideologies: religious thought and secular thought.

Section III: Freedoms of Belief, Religion, and Politics: This section includes two articles:

1. “The Freedom of Belief and Religion in Islam and Human Rights Documents:” Analyzing the punishment for apostasy in Islamic texts.

2. “The Rights of the Political Opposition in an Islamic Society:” Examining political freedom as an essential requirement for the presence of Islam in the public sphere, with reference to the movement of Ashura and the life of Imam Ali (A). In the appendix of this article, rulings regarding rebellion and warfare are inferred using the traditional jurisprudential method.

Section IV: Women’s Rights: This section includes two articles:

1. “Reformist Islam and Women’s Rights:” Analyzing challenges between traditional Islam and human rights regarding women.

2. “Women’s Rights in the Hereafter”

Section V: Other Debates in Human Rights: Thi section includes three articles:

1. “The Issue of Slavery in Contemporary Islam”

2. “The Rights of Non-Muslims in Contemporary Islam”

3. “Social Security in Islamic Teachings” (pp.10-12)

Goal-Oriented Islam: Resolving the Conflict between Traditional Islam and Modernity

According to Mohsen Kadivar, a goal-oriented Islam or spiritual Islam is the only effective approach to resolving the incompatibility between Islam and modernity. In this regard, he considers the prevalent and conventional interpretation of Islamic rulings as traditional and outdated and argues that the present interpretations are inadequate in terms of aligning Islam with modernity. This includes distinguishing between immutable and mutable aspects, which arises from three different interpretations by prominent scholars such as Sayyid Mohammad Hossein Tabatabai, Mirza Naini, and Seyyed Mohammad Baqir Sadr, as well as the approach of governmental jurisprudence by Imam Khomeini. Kadivar contends that traditional Islam favors a jurisprudential approach that is incompatible with human rights, explicitly endorsing legal discrimination among individuals over an approach that aligns with human rights and believes in the intrinsic nature of human rights. (pp. 17-34)

Elaboration of the Goal-Oriented Islam Theory

According to Mohsen Kadivar, non-worship-related legal rulings possessed three characteristics in the era of revelation, which he argues must still be present today. They must be considered rational according to contemporary norms, be just, and offer the best solution compared to other schools of thought and religions. He believes that just as the Quran and traditions can abrogate previous rulings, reason too, possesses the status of abrogation. However, rules derived on this basis in eras other than the revelation period are in no way attributed to religion, and thus legislation remains in the hands of the Legislator. Kadivar posits that the teachings of Islam consist of four parts: 1. Matters of faith and belief 2. Ethical matters 3. Worship-related matters 4. Non-worship-related legal rulings transaction in jurisprudence. Thus, Kadivar believes that over 98% of the Quranic verses are dedicated to explaining the first three parts, but in traditional Islam, the remaining two percent have gained significant importance to the extent that it influences other aspects. (pp. 138-148)

Foundations and Premises of Traditional and Goal-Oriented Islam

In explaining the foundations of a goal-oriented Islam, Kadivar has highlighted several points, including: 1. Accepting the intrinsic nature of good and evil and understanding of ethical concepts such as justice, without the need for religion (p. 153). 2. Accepting reason as a religious source. 3. The non-binding nature of rulings that are not related to worship. 4. The obligation of all humans to follow the Sharia rules, even if they are not Muslims. The author considers the Universal Declaration of Human Rights as credible and believes in the importance of collective reason, which, through continuous experiences in human societies, continuously discovers and does not consider its findings final. In his view, it is also commendable that according to the Universal Declaration of Human Rights, human rights are recognized in the public domain without regard to personal religion, atheism, or monotheism (pp.122-123). As Kadivar mentioned while expressing the foundations of traditional Islam, there is no discussion of the real rights of humans in epistemological, religious, and anthropological foundations, because these rights are considered beyond human understanding. Therefore, what is available in traditional Islam is only Sharia laws, which, although perceived as fair, differentiate among humans on the basis of religion, gender, freedom, and jurisprudence. According to Kadivar, traditional Islam is also based on the incapacity of human reason to understand matters, and ultimately, all or most Sharia laws are deemed as fixed laws (pp.120-121).

Resolving the Conflict between the Rulings of Traditional Islam and Goal-Oriented Islam

According to Mohsen Kadivar, the legal rulings of traditional Islam conflicting with human rights are derived through the process of ijtihad and are based on Quranic and authentic hadith sources. It should not be assumed that Islamic scholars in traditional Islam intentionally went against the principles of human rights. Instead, during the deduction of these rulings, the attention was fundamentally not directed towards the principles of human rights (p. 115). However, he identifies several main axes of incompatibility between the legal rulings of traditional Islam and human rights: 1. Inequality of rights between non-Muslims and Muslims 2. Inequality of rights between women and men 3. Inequality of rights between slaves and free individuals 4. Inequality between commoners and jurists in public affairs 5. Lack of freedom of belief and religion, and punishments for apostasy 6. Arbitrary Punishments, harsh punishments, and torture (pp. 96-114) A partial examination of these issues along with Kadivar's proposed solutions to resolve the conflict between legal rulings and principles of human rights follows:

Freedom of Belief and Religion

Kadivar asserts that freedom of belief and religion has rational merit and desirability (p. 182). He points out that seven categories of Quranic verses indicate freedom of belief and choice of religion, and no worldly punishment is specified for false belief or religion, even though the Quran explicitly rejects religions other than Islam, promising punishment in the afterlife for disbelievers (pp. 182-206). The seven categories of verses are:

1. Rejection of coercion and compulsion in religion: Kadivar believes that rejecting compulsion is equivalent to accepting freedom in matters of religion, and it necessitates freedom to accept and leave a religion.

2. Freedom in choosing guidance and misguidance in the world and punishment being reserved for the afterlife.

3. The Prophet's duty is to convey the truth, not to force the truth or strip freedom.

4. Disapproval of punishment for changing religion. According to these verses, God condemns the arrogant for apostasy and changing religion.

5. Non-connection of God's will with creating uniform human thoughts.

6. Determination of punishment for apostates solely in the afterlife.

7. Expressing the peaceful nature of Quranic logic in inviting people to religion.

Apostasy

According to Kadivar, although converting from faith to disbelief is undesirable according to Quranic verses, apostasy in the Quran is divided into two types: based on investigation (even if incorrect) and based on practical desire and worldliness. The Quran does not prescribe any punishment for apostasy after investigation in this world and the hereafter, and practical and political apostasy only leads to punishment in the hereafter. He also believes that the execution of the punishment for apostasy faces limitations and contradictions: 1. According to a popular narration, the execution of the punishment is limited to the presence of the infallible Imam (A). 2. Rationally, in important matters such as preserving life, reliance cannot be placed on a single report, even if reliable. 3. Threatening apostates with death contradicts the Quranic verse based on rejecting coercion in religion (pp. 206-208).

Rights of Political Opponents

According to the author, political opposition is either one who [has risen] to forbid from what is wrong, or a Muharib (militant/armed individual disrupting public safety), or a rebel (p. 222), and in any case, they have the following rights: 1. The right to freedom of expression for the purpose of reforming the policies of rulers, reforming the political structure, or changing the political system, based on the statements of Imam Ali (A) in letter no. 53 and sermons 216 and 34 (pp.266-267). 2. The right to organizational activities and political actions, based on verses 41 of Surah Hajj, verse 25 of Surah Hadid, and verses emphasizing enjoining good and refraining from corrupt rulers (pp. 267-268). 3. The right to be informed of governmental decisions, whether political, cultural, or economic. 4. Preserving the dignity of political opponents. 5. The right to security of life, property and honor, and immunity from legal prosecution.

Rebellion and Armed Combat

Kadivar believes that peaceful political activities, speeches, written criticisms, and even intentions of overthrowing the government are not considered rebellion and armed combat unless they are carried out with arms (p. 254). Based on this, in the event of rebellion, this action is a kind of political crime where only the rebel groups should be disbanded, and their property is not looted, their children and women are not taken captive, and they are not sentenced to execution outside the battlefield as a religious punishment (pp. 229-237). According to Kadivar, a Baghi or rebel is someone who: 1. Opposes the government according to a specific theory. 2. Has a secure location that the government cannot easily reach. 3. Has the support of many individuals and has formed a large group and is armed. 4. Has revolted against the infallible Imam (A), and for this reason, the ruling for rebellion during the occultation of the infallible Imam (A) has not been mentioned in jurisprudential books and has not been recognized in Imami jurisprudence (pp. 229-236). 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

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). 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

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, 2. Encouragement to negotiate, 3. Freeing of slaves through zakat, 4. Freedom as a form of kaffarah (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

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.

• The principle of religious pluralism and people's differences in religion, which has occurred according to the will of God.

• The non-obligation of Muslims to hold others accountable for their religion.

• Peaceful coexistence and mutual respect, so Muslims are obligated to be peaceful with others, do good, and act justly.

• 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.

• 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.

The Necessity of Distinguishing Between the Public and Private Spheres

According to Kadivar, relying on the distinction 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 valid legal basis (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). 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).

Book Review and Critique

Various critiques have been written about the book "Rights of Mankind," dissecting its articles. Mohsen Kadivar’s website provides a list and the full text of these critiques. Some of the criticisms include:

• Behzad Hamidiyeh, an assistant professor at the Faculty of Theology, University of Tehran, considers Kadivar's writing to pose conceptual and practical challenges.

• Conceptual Challenge: The existence of a unified rationality in the modern world within the framework of cognitive pluralism is meaningless. • Practical Challenges: Lack of impartiality and argumentation based on assumptions derived from the Declaration of Human Rights. According to Hamidiyeh, Kadivar has not utilized sources and religious narrative text to derive the ruling of God.

• Ahmad Shojai presents a discourse entitled "Freedom Alongside Responsibility" in his critique of the article "Freedom of Belief and Religion in Islam". He accuses Kadivar of neglecting the distinction between creative and legislative freedom. Shojai argues that what opposes creative freedom is creative commitment and compulsion, not legislative ones, and therefore, no matter how free a person is in accepting religion creatively, they are not only not free legislatively, but they must, by taking advantage of creative freedom, recognize true beliefs and adhere to them.

References

• Publication of the second edition of the book "Rights of Mankind" in English, Mohsen Kadivar's Telegram channel. Accessed: 2023/02/04. • Hamidiyeh, Behzad, “Seganeh Badi’-e Usool e-Fiqh-e Kadivar,” Resalat Newspaper, 27-28 Mehr, 1382 SH. • Rezaeiyeh, Sara. "Edalat wa Haq e Adami dar Islam-e Ma’navi," Naqd e-Dini Quarterly, No. 6, 1400 SH. • Mohsen Kadivar's biography, Mohsen Kadivar's website. Accessed: 2023/02/03. • Shojai, Ahmad, “Azadi To’am ba Mas’ouliyat," Aftab Monthly, No. 29, Mehr 1382, pp. 128-133. • Kadivar, Mohsen. “Haq al-Nas (Islam wa Huquq e-Bashar),” Ney Publications, 1397 SH.