The concept of liberty in Islam

Ayatullah Sayyid Muhammad Khamenei
The concept of liberty in Islam is so comprehensive that it arouses wonder and praise in all scholars: in this brief article, the writer strives to explain liberty to the best of his ability.
It must be noted that on the basis of the same inherent dignity granted by the Almighty, and the same viceroyship of man granted by God and the same freedom particular to man the violation of which is not allowed. Islam recognizes its ultimate aim and the aim of other religions as the liberating of man, because the inherent dignity is impossible without freedom. In this regard the Holy Qur’an states, “The prophet of the common folk, whom they find written down with them in the Torah and the Gospel, bidding them to honor, forbidding them disonor, masking lawful for them the good things and making unlawful for them the corrupt things, and relieving them of their loads, and the fetters that were upon them.” (Surah al-A’raf 7:157)
In this verse, the fundamental mission of the holy Prophet is introduced as bidding people to honour, forbidding them dishonour, and making lawful for them the corrupt things and relieving them of their loads.
Unlike the Declaration of Human Rights of France and the Universal Declaration of Human Rights, the concept of freedom in Islam is not the corollary to the bloody revolutions in Europe or the response to the oppression of people for their wishes, but basically it was per se an impromptu revolution for granting rights to man although none of the civil, urban. continental or international situation of that day-the great empire of Pesia had surrounded the world from both sides and the Roman empire from the north-were not in harmony with this revolutionary concept.
Besides, the depth of freedom in Islam far more transcended the carnal or material freedoms. The freedom of self from the self includes the freedom of human self from the animal self and the civilised self from the uncivilised self. Hence, people were relieved of national and racial prejudices, of imitating the false customs, and of the corrupt bonds, of the passions, ignorance, rage, jealousy, avarice and egotism.1
In Islamic and humane concept, freedom regards rebellion and carnal desires as prisons; true freedom lies in refraining from them.2 For instance, a train freely running along the endless tracks is contained by the tracks although it is apparently free. The freedom of the train lies in the freedom from the tracks. Similarly, the man who is incarcerated in the dungeon of his passions, rage, sleep and food and knows himself free is not in fact free but imprisoned. And his freedom is achieved when he steps beyond new horizons and into the vast realm of humane-divine light, thus relieving himself of animalistic nature which is to man an open foe.
Now that we have briefly talked about the vast concept of freedom in Islam, we shall deal with the individual freedoms in Islam, and sections of its legal and jurisprudential principles. However, before embarking on discussing these freedoms, we deem it necessary to elaborate on the terms rights and freedoms.
In the works of the outstanding Shi’ite jurisprudents, there are useful and extensive discussions on the definition of right and the difference between it and decree. However, it is beyond the scope of our brief study. Right may be shifted from its owner to others but decree may not be transferred to others unless by law.
Some of the rights set forth in the Universal Declaration of Human Rights are regarded as decree which may not be shifted to others neither by the owner himself nor by others.
One of these rights is the right to life (Article 3) which deserves respect and observance in Islam and most of the valid laws of the world and even the person himself cannot destroy it. Hence, in Islam suicide and some other related subjects are crimes and liable to punishment. In the preamble of the Universal Declaration, the rights are called inalienable. If a decree is inalienable, it is no longer a right. Besides, some of the rights mentioned therein may be entrusted (like property) so the use of decree is null and void.
One of the individual rights of man is that he shall not be held in slavery (article 4 of the Universal Declaration of Human Rights and article 12 of the Cairo Declaration of Human Rights in Islam). This is a fundamental right in Islam and a jurisprudential principle (Asalat al-Huriyyah) and has been mentioned in a hadith.3 Also, another hadith by Imam ‘Ali, says, “Worship not any one but the Almighty: indeed God created everyone free.”
This testifies to the fact that man is the master of his own destiny and no one can hold him in slavery or arrest him without legal sanction.
Based on this fundamental principle, everyone-men and women- has the right to live freely and enjoy the divine blessings. However, on a legal basis, the enjoyment of natural resources and wealth is clear in Islam, for according to the clear sayings reflected in the Holy Qur’an and in hadiths, these resources are created for the sole benefit of man in order that they may use them as much as they need.4 However, in the Universal Declaration of Human Rights, it is neither explained nor is it clear.5
Another right of man is the right of movement and residence, nationality, or their dissolution. In addition, everyone has the right to choose any profession he desires.
These rights are clearly explained in the Cairo Declaration of Human Rights in Islam and the Islamic jurisdiction is filled with laws concerning these freedoms. There is a hadith that says, “The best residence is the place, which accepts you.”6 As a poem says, “Paradise is where there is no perturbation.” In addition, regarding freedom and will power, the jurisprudents have said, “People are the masters of their belongings.”
Respect for private property is so strong and clear in Islam the need for explaining them is obviated. It has made some of the jurisprudents recognize the right to property as private property and regard public property as an exception to it.7
There are limitations for private property in Islam as well as in reliable rules. There are times when ownership seriously hurts others or the society and therefore, legal limitations are natural in many societies.
The freedom to choose a profession exists in Islam in its best form. Based on primordial nature, Islam recognizes profession as a principle for man and regards unemployment a malady and against the laws of nature. It encourages people to work and provide for their family and reproaches unemployment.8
Employment is an obligation in Islam as far as it does not endanger the family members and overwork to earn more comfort for the family is highly commendable, though not necessary.
Although man is free to choose a profession, a legal limitation prohibits working beyond one’s ability. This prohibition exists regarding the profession forbidden by law, which is hurtful to the society or engaging in beggary, which does not accord with the exalted dignity of man.
Another natural right approved and encouraged by law is the founding of family. Article 16 of the Universal Declaration of Human Rights says, “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family.” Paragraph three of the same article says, “The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”
Islam highly recommends the founding of family, considering it a vital component of the society; however, it builds marriage on the basis of inherent principles executed by the observance of human dignity to ensure its durability and regards divorce as the ugliest acts.
The only condition for marriage is the existence of balance between the two parties in morale, thought and personality without limitation of any kind due to race, nationality, and family with the exception of religion which is not mentioned in article 16 of the Universal Declaration of Human Rights.
As Islam states that all religions preceding it are lawful, it entitles man to form a union with a woman of another religion,9 for in such case the harmony on the part of man-whose duty is to provide for his wife-will be consistent.
In other individual rights, on the level of legal and religious basis, Islam is pioneer to other systems of rights and accepts it as a logical and natural form.

Freedom of Opinion
Another freedom is the spiritual and human freedom not found in other creatures; it is interpreted as the freedom of thought, conscience and religion in article eighteen of the Universal Declaration of Human Rights.
The reason for the inclusion of this article in the Universal Declaration and the attention of the Europeans to such freedoms in the last two centuries is the pressure exerted by the church and the monks on the beliefs and thoughts opposite to the Torah, the Gospel and the beliefs of the church which entitled itself to combat heresy and things such as alchemy, witchcraft, and sorcery and wielded considerable power in medieval and early modem times and put them to apprehension and trial by burning them at the stake or making them repent.
Basically, the church opposed reason and man’s capability to interpret the bible and regarded this act against faith and combated it. And no one could encounter the natural issues of the world but with a heart brimming with faith and no one had the right to be a non-Christian and the church exerted all its might to christianize all the people and send them to paradise.10
With the advent of the French Revolution, the collapse of sovereignty and feudalism and the emergence of the bourgeois and the decline of power and sovereignty of the church in Europe particularly after the emergence of Protestantism and the bloody battles between the two parties and the Declaration of Human Rights in Europe, these nations collapsed yet in another way, falling from extravagance to shortcoming and went to the point where everyone found enough freedom to change their religion and to think the way they wished.
Consequently, under the influence of this culture, freedom of religion, thought and opinion is included in the Universal Declaration. As Islam is a religion of moderation, it is far from extravagance. Islam entitles man to think any way he wishes and knows no limitations for his thoughts and opinions; yet, ill-founded thoughts bound to hurt or destroy the society and disturb the general order are invalidated by law. In addition, whatever contrary to this is an oppression against the social welfare and thus against logic and law.
In article 22 of the Cairo Declaration of Human Rights in Islam, the Muslim countries entitle man to the enjoyment of freedom of thought and opinion and these freedoms are banned when they disturb the general order or hurt the public opinion.

Freedom of Religion
Absolute freedom of religion mentioned in the Universal Declaration of Human Rights is the aftermath of the misinterpretation of religion by the European intellectuals. Religion is ill- defined in the West. They look at it from a sociological perspective. On this basis, religion is personal, heartfelt and therefore a matter of taste; and everyone has the right to preserve it for himself just as some people are interested in music or a sport: Western interpretation of religion is sometimes heard from the easterners who opine that the diversity of belief is to be respected.
However, religion-in its objective and subjective entity-and in Islam (which regards religion as the inherent law in man) lives in the minds and hearts of people, but the origin is an outward one; the ideology, world vision, the explanation of the realities in the world and the rules stem from natural laws and as Muslim ulama (religious scholars) state, “Religious matters stem from genetic realities and the belief in religion means the harmonizing of man with nature.”
Hence, as nature is not illusionary or absurd, religion should not be based on illusion, and absurdity. Any misinterpretation of the world or God, nature or man is not religion and any opinion-when absurd- cannot be respected.
Be that as it may, as man and his belief are to be respected, Islam allows that everyone who is no able to understand the amazing nature of Islam and accepting and no one has the right to refrain his fellow beings from accepting Islam. Concerning this, the Holy Qur’an states, “There is no compulsion in religion.”11 (Surah al-Baqarah 2:256)
The path to salvation is made distinct from aberration and no one shall be compelled to accept religion, for everyone is free to choose the right path by virtue of his rationale and intellect and tell apart wrong from right.
As pronounced in the Holy Qur’an, one can exercise freedom in the choice of one’s religion, but thereafter one is bound to follow it as a covenant is made with God, based on the will of man.
Other rights such as the right to complain to the court or immunity from others’ interference in one’s affairs, letters and correspondences or the right to recreation or education or participation in social literary and artistic gatherings have been predicted which may be classified as individual rights and with the understanding we have of Islam these rights exist in Islam in their entirety.
The only point which we need to make here is that paragraph three of article 29 of the Universal Declaration of Human Rights states, “These rights and freedoms in no case be contrary to the purposes of the principles of the united nations.”
The word purposes is very ambiguous here; it has not been properly defined in any culture. Ultimately the Declaration gives a definition for freedom and human rights and adds that all these rights and freedoms are dependent on them and the institutes of the United Nations do not have the right to allow veto to them; otherwise all those rights become null and void.
1. From this one can realise morality -unlike the beliefs of other idealogists is an inseparable part and cannot he separated from human idealogy and rights, law and traditions.
2. It is quoted from Imam ‘Ali “He who overcomes his carnal desires, he is free.”
3. “O People! Adam did not beget slaves or maids and people are all free.”
4. “It is He, Who created for you all that is in the earth.” Surah al-Baqarah 2:29.
5. Article 17, Everyone has the right to own property alone as well as in association with others.
6. Bihar, Vol. 32, p. 134.
7. See Public Ownership of the same author.
8. There is a hadith that says, “La’n allah in zigha man ya’ul.”
9. They are considered lawful by some of the jurisprudents and unlawful by others.
10. The basis of sending the missionaries for disseminating religion adds up to this fact.
11. Also verses: “To you your religion, and to me my religion” (Surah al-Kafirun, 109:6); “Wouldst thou then constrain the people, until they are believers?” (Surah Yunus 10:99), “So let whosoever will believe, and let whosoever will desbelieve'” (Surah al-Kahf 18:29); “Then remind them! Thou art only a reminder; thou art not charged to oversee them” (Surah al-Ghashiyah 88:21-23); “It is thine only to deliver the Message, and Ours the reckoning” (Surah ar-R’ad 13:40); “It is only for the Messanger to deliver the Message” (Surah al-Ma’idah 5:99); and the likes.