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IHSAN ULLAH KHAN
IFTIKHAR ALI
IMRAN ULLAH
MIAN MUSTAFA
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HUMAN RIGHTS, THE WEST AND ISLAM
The western approach:
Western claim that the world got the concept
of human rights from the west
But had no concept of human rights before the
seventeenth century.
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y Ideas, practical proof and demonstration can
be found at the end of 18th century
y In 1945 the UNO came into being and passed a
resolution against the genocide and framed
regulations to check it.
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The Islamic approach:
yThe human rights in Islam mean the rights
granted by ALMIGHTY ALLAH.
yThey have not been granted by any king or by
any legislative assembly.
y Resolutions of the United Nations cannot be
compared with the rights sanctioned by God.
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y If they start denying the rights that have been
guaranteed by God, the verdict of the HOLY
QURAN is clear;
"Those who do not judge by what God has
sent down are the disbelievers.
"They are the wrong-doers (zalimun)"
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Rights of enemy at war
yThe west was un aware of the rights and
international law of war till 17th century. But
the actual codification starts in the middle of 19th century.
yRights of those at war were not even
recognized.
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y It is obvious that such a course which depends
on mutual acceptance and agreement cannot
be called 'law'.
yRules which are framed by Islam are followed
by every Muslim in all circumstances
irrespective of the behavior the enemy.
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The Rights of the Non-Combatantsy Non-combatant population is concerned such as
women, children,
the old and the infirm, etc.y The instructions of the Prophet are as
follows: "Do not kill any old person, any child orany woman" (Abu Dawud).
"Do not kill the monks in monasteries" or"Do not kill the people who are sitting in places of
worship" (Musnad of Ibn Hanbal).
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The Rights of the Combatants
1. Torture with Fire
y In the Hadith there is a saying of the Prophet
that: "Punishment by
fire does not behove anyone except the
Master of the Fire" (Abu
Dawud). This means no one has the right toburn the opponent alive.
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2. Protection of the Wounded
"Do not attack a wounded person"-thus said the
Prophet. This means that the woundedsoldiers who are not fit to fight, nor actuallyfighting, should not be attacked.
3. The Prisoner of War Should not be Slain
"No prisoner should be put to the sword"-a veryclear and unequivocal instruction given by theProphet (S)
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4. No one Should be Tied to be Killed:
"The Prophet has prohibited the killing of
anyone who is tied or is in captivity.
5.No looting and destruction:
Muslims are not allowed to indulge in activities
like pillage or plunder except for those who are
fighting with Muslims.
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y It has been narrated in the hadith: "The
Prophet has prohibited the believers from loot
and plunder" (al-Bukhari; Abu Dawud). Hisinjunction is: "The loot is no more lawful than
the carrion" (Abu Dawud).
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6. Sanctity of Property
The Muslims have also been prohibited from
taking anything fromthe general public of a conquered countrywithout paying for it
7. Sanctity of a Dead Body
Islam has categorically prohibited its followersfrom disgracing or mutilating the corpses of their enemies as was practiced in Arabia .
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8. Return of Corpses of the Enemy
The battle of ahzaab.
9. Prohibition of Breach of Treaties
Islam has strictly prohibited treachery. One of
the instructions that the Prophet used to give
to the Muslim warriors while sending them to
the battlefront was: "Do not be guilty of
breach of faith."
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10. Rules About Declaration of War
y It has been laid down in the Holy Quran:
"If you apprehend breach of treaty from a people,then openly throw the treaty at theirfaces" (8:58).
y In this verse, Muslims have been prohibited fromopening hostilities against their enemies withoutproperly declaring war against them, unless of course, the adversary has already startedaggression against them
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Conclusion
yThis is a brief sketch of those rights which 1400
years ago Islam gave to man, to those who
were at war with each other and to thecitizens of its state, which every believer
regards as sacred as law.
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yOn the one hand, it refreshes and strengthens
our faith in Islam when we realize that even in
this modern age which makes such loud claimsof progress and enlightenment, the world has
not been able to produce jouster and more
equitable laws than those given 1400 yearsago.
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THANKS!!!
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