The Qur'anic Conception of Freedom and Rights
Dr. Syed Waheed Akhtar
The relation between rights and freedom is twofold. On the one hand no right can be conceived without freedom; on the other, rights ensure certain freedoms for human beings. In the same way, rights and duties are also related to each other reciprocally. Every right granted to man saddles him with some duties. Duty, in a broader sense, means respecting the rights of other, which in its own turn results in securing a safer ground for enjoying and exercising rights. Freedom of man implies that all men have equal right to freedom, which leads to a logical corollary that every individual's freedom is delimited by other's freedom. But this limitation does not deprive one of his freedom; rather, it safeguards the freedom of all. If one is allowed to exercise his individual freedom to an extent which results in usurping or curtailing other's freedom, nobody shall remain free, and freedom itself will become meaningless. Thus, freedom in itself is a right as well as a duty. Sometimes duty precedes right, for instance, when a person knows and obeys God (both of which are primary duties of a human being according to Islam), he is entitled to certain rights. In this case, fulfilling one's obligation towards God bestows upon one greater freedom also. Of course, man is free to disobey his Creator, but disobedience lands him in the worst type of slaveries, of the world and other men. On the contrary, obedience to God emancipates the human being from all kinds of dependence and obedience, and entitles him to greater freedom and rights.
Usually rights are supposed to precede duties. It is really very difficult to solve the riddle as to which is prior between these two. In actuality, freedom, right and duty (or obligations) are three sides of a triangle, in which all three sides are equal. In this triangle, I personally prefer to regard freedom as the base. However, all three sides are equally essential to form a triangle. If any one of the three is removed, the triangle disappears.
Islam has given equal importance to all the three, which together form the moral, social and political conduct of a Muslim. I do not mention religious or theological behaviour intentionally and consciously, because religious behaviour is nothing but the sum total of the various dimensions of human behaviour. Realization of God and obedience to Him is the basis of man's moral as well as social and political conduct. In reality, these patterns of behaviour that are named differently are intertwined and are indistinguishable from one another. Islam regards all different modes of human behaviour as modes of an integrated activity. The world outlook of tawhid approaches human behaviour also from a monistic and unitary viewpoint. The purpose of all human activity is the establishment of justice at all levels.
Starting from the base, I would reemphasize my belief as a Muslim that man's existence is grounded in freedom, which is inherent to man's nature. He is born free in the world which calls upon him to choose and act freely in order to determine his destiny.
Freedom is ensured in the Holy Qur'an, both inborn and acquired. There is no distinction between a believer and a non-believer in this respect. What is prohibited is evil and what is lawful is good for all men. It is good and evil that is the criterion of lawful and unlawful, not vice versa. Those who follow the rational commands of God revealed through the Prophet (s) are emancipated:
(The Prophet) enjoins them good and forbids them evil, and removes from them their burden and the shackles which were upon them. . .. (al-'A'raf: 157)
This general principle based upon the inherent good and evil of things and acts is universally applicable, and it is in this sense that Islam is "the religion of (human) nature"( it is Divine nature in the sense that it is ordained by God). As we have pointed out, no fixed nature is imposed upon man, but he was created in the way he deserved to be. In this way, we can understand the true meaning of "there is no compulsion in religion" (al-Baqarah: 256). This principle is further elaborated in another verse:
And strive hard in (the way of) Allah, such a striving as is due to Him; He has chosen you and has not laid upon you any hardship in religion. (al-Hajj: 78)
Men are free to make use of and enjoy all the things not declared as unlawful (al-Ma'idah: 87-88).The prohibited things are overt and covert indecencies, aggression and injustice (al-'A'raf: 28). Justice and equity, which are the ends of freedom, are enjoined (al-Ma'idah: 29). In the matter of doing justice, God does not desire hardship for men but ease: (al-Baqarah: 185).
All the Qur'anic verses laying down the laws of just action are addressed to and are applicable to all human beings irrespective of their faith. God is the Lord of all the worlds, and the Prophet (S) of Islam is sent as a blessing for all the worlds. Neither His Lordship nor the blessings of the Prophet's prophethood is confined only to Muslims. Hence freedom, the greatest of all blessings, is granted to all men.
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