Abstract:
The purpose of the paper is to
uncover the way in which Islamic teachings "Shari'a", which
is based on Qur'an and Traditions of Prophet Muhammad, has
been misused by many non-Muslims as well as a few Islamic
Groups who claim they are defending the dignity of Islam,
their actions have been condemned and rejected by the vast
majority of Muslims all over the world, also their actions
have not only transgressed international humanitarian norms,
they have also transgressed Islamic teaching, and the
universal principles of life of Prophet Muhammad. The Qur'an
speaks about the basic dignity of all human beings. The
Prophet Muhammad spoke about the equality of all human
beings, regardless of their race, color, language or ethnic
background. Shari`a recognizes the rights of all people to
life, property, family, honor and conscience.
Reconciliation, tolerance and
coexistence comes from the dignity of the human beings, the
basic equality of all human beings, fundamental freedom of
thought, conscience and belief.
Some Groups of Muslims are
actually in direct opposition to the spirit and letter of
the Qur’an. The Qur’an is very explicit when it says there
is no compulsion in religion. The Qur’an exhorts Jews to
live by the laws revealed to them in The Torah. The Qur’an
also orders Christians to live by their faith. From these
examples it is abundantly clear that Islam advocates
religious pluralism.
In order to understand Islam,
it is necessary to study the relation between misconception
of the main concept of Islamic law "Shari'a", especially as
it relates to the implementation of Islamic conception of
Human Rights and interpretations of human rights nowadays.
It is also necessary to study the common ground between
other religious scholars and Muslim scholars on the field of
human rights and how that may aid resistance against
misinterpretation of the Qur'an and Islamic teachings.
Introduction
Modern
interpretations of Islamic teachings vary enormously, as
current developments show. Some groups believe that Islamic
law requires the most repressive and cruel actions for some
issues, on the other hand there are Muslim human rights
activists who see human rights as natural outflowing of
the teachings of the Qur’an and who support human rights as
complementary to their Islamic faith.
Prophet
Muhammad established the first Islamic community, which was
actually a Jewish-Muslim federation that extended to
religious minorities the rights that are guaranteed to them
in Quran. Prophet Muhammad's community was based on
covenant, a real and actual social contract agreed upon by
Muslims, Jews and others that treated them as equal
citizens. They enjoyed the freedom to choose the legal
system they wished to live under. Jews could live under
Islamic law, or Jewish law or pre-Islamic tribal traditions.
There was no compulsion in religion even though it was an
Islamic community.[1]
The difference
between Muhammad's community and some Islamic communities
nowadays is profound. The situation of Muhammad's community
was based on a real social contract that applied divine law
but only in consultation and with consent of all citizens
regardless of their faith. Some Groups of Muslims are
actually in direct opposition to the spirit and letter of
the Qur’an. The Qur’an is very explicit when it says there
is no compulsion in religion. The Qur’an exhorts Jews to
live by the laws revealed to them in the Torah. The Qur’an
also orders Christians to live by their faith. From these
examples it is clear that Islam advocates religious
pluralism.
Nowadays there
are Muslims with new perspectives contributing to the
understanding of Islam, new dimensions of the Islamic
heritage are being highlighted, many of which point to
compatibility between Islamic law and human rights.
Value of life as a main principle in Islam
"Reconciliation"
Life is the
highest asset for Islam. This is why it demands absolute
protection independently from ethnic background, religious
confession, ideology, material or intellectual property. "
If anyone killed a person not in retaliation of murder, or
(and) spread mischief in the land – it would be as if he
killed all mankind, and if anyone saved a life, it would be
as if he saved the life of all mankind"[2]
In this context
we must keep in mind that there are four important
principles when talking about reconciliation, tolerance and
coexistence in Islam:
1. Rights
are given by God, the rights in Islam are not just human
conventions, they are God’s orders.[3] They
should be considered permanent values universal
standards. They should not be given only to those who
shout most or who lobby most, but they should be given
even to those who are not yet empowered to speak for
themselves, or who are not even aware due to social
circumstances to know what rights they should have. The
rights are rights even when no one asks for them.
2. There
are rights and there are duties. Muslim scholars have
debate whether the rights come first or the duties come
first. Some have emphasized duties and some have
emphasized rights. However, both of them are important.
It is not possible to have rights without duties. There
is mutuality between rights and duties. Someone’s right
is another person’s duty and someone’s duty is another
person’s right. In Islam the Human person has absolute
value.[4]
3. Islam
has a detailed scheme in its priorities. All people have
rights but no one has a right above God’s rights. Among
the people there are rights of parents, rights of
spouses, rights of children, rights of other relatives.
There are rights of neighbors. There are rights of
employers and employees. There are rights of Muslims and
there are rights of other human beings. There are rights
of animals etc... . Sometimes there are conflicts
between one right and another right and so the question
comes what is the first duty? It is for this reason the
issue of rights becomes very complex and difficult. The
most important thing is to have the fear of God in all
relations.
4. Muslims
scholars have mentioned five basic objectives of the
Shari’a, which came to preserve:
· Religion.
· Life.
· Progeny.
· Intellect.
· Wealth.
Within the
Shari’a there are some rules that are called necessities and
some that are called needs, and some that are called ease
and facilities. Preservation of Religion is at the top. Life
is the second, most important thing and so on and so forth.
Similarly there are things that are obligatory, there are
things that are recommended and there are those that
permissible. The same also in modern interpretations of the
rights there are certain rights that are on the top and then
other rights come after them. [5]
Islam and tolerance:
In Bible, human
being made "In God's image" [6], and since love is
the most outstanding aspect of God, The Bible reveals God as
"The God of love" [7], also The Bible sums up human
binge’s obligation in this words: "You must love your God
with your whole heart and with your whole soul and with your
whole mind, ‘This is the greatest and first commandments.
The second, like it, is this, ‘You must love your neighbour
as your self.’ On these two commandments the whole Law
hangs". [8] And besides loving God and neighbour,
love one another. In this context -which mean the same idea-
Muslims believe that human being was created by a
transcendental God who doesn’t favour one human over another
except in terms of piety and good conduct. In a bid to
defend Islam or to promote it, several contemporary Islamic
scholars and thinkers have sought to show that Islam has
from the outset laid the foundations for human rights by
asserting the supremacy of the value of justice and of the
principle of human dignity.
Tolerance comes from recognition of:
1. The dignity of the human beings.
2. The basic equality of all human
beings.
3. Fundamental freedom of thought,
conscience and belief.
The Qur'an
speaks about the basic dignity of all human beings. The
Prophet Muhammad spoke about the equality of all human
beings, regardless of their race, color, language or ethnic
background. Shari`a recognizes the rights of all people to
life, property, family, honor and conscience.
Islam
emphasizes the establishment of equality and justice, both
which cannot be established without some degree of
tolerance. Islam has recognized from the very beginning the
principle of freedom of belief or freedom of religion. It
said very clearly is not allowed coercion in the matters of
faith and belief.[9]
If in the
matters of religion, coercion is not permissible, then by
implication one can say that in matters of cultures and
other worldly practices it is also not acceptable.
Qur’an says to
the Prophet Muhammad, "But If they turn away, We have not
sent you as a Hafiz (watcher, protector) over them
(I.e. to take care of their needs and to recompense them).
Your duty is but to convey (the Message)"[10] In
another place Qur’an says, "Invite (mankind) to the Way of
your Lord with wisdom and fair preaching; and argue with
them in way that is better" [11] Qur’an also says
"Say: 'Obey Allah, and obey the Messenger: but if you turn
away, he is only responsible for the duty placed on him and
you for that placed on you. If you obey him, you shall be on
right guidance. The Messenger's duty is only to convey in a
clear way (i.e. to preach a plain way)" [12]
All these
verses give note that Muslims do not coerce people; they
must present the message to them in the most cogent and
clear way, invite them to the truth and do their best in
presenting and conveying the message of God to humanity, and
it is up to people to accept or not to accept. Qur’an says
"And say: 'The truth is from your Lord, then whosoever
wills, let him believe; and whosoever wills, let him
disbelieve" [13]
We can say that
there are many levels of tolerance in many angles, between
family members, between husband and wife, between parents
and children, and between siblings. There is also tolerance
between the members of the community, tolerance in views and
opinions, tolerance between the juristic schools, and
tolerance between Muslims and the people of other faiths
within interfaith relations, dialogue and cooperation.
Muslims have
been generally a very tolerant people. Scholars and educated
Muslims must emphasize this virtue among Muslim communities
and in the world today. Tolerance is needed in Muslim
communities: Muslims must foster tolerance through
deliberate policies and efforts. Islamic institutions should
be multi-ethnic and should teach respect for each other and
should not generalize about other races and cultures.
Institutions should exchange opinions and meetings with each
other, and have dialogues and good relations with
non-Muslims, which should inform non-Muslims what is
acceptable and what is not and why they cannot accept things
which are contrary to the religion . With more knowledge,
the respect will develop and more cooperation will develop.
In all respects
and from all angles, it’s unfair to judge the few that give
a bad name to the many. The role of scholars, writers and
intellects, as well as leaders of religions and political
communities is to guide people to right path. Those who
should be speaking out about values and aren’t are tacitly
agreeing with and encouraging extremism. Some of the actions
carried out in the name of religion or ideology or
philosophy are indeed against the principles or goals. In
the case of Islam, which has a population over of billion,
Muslims strive to live by Islamic teachings of love, peace,
and forgiveness. Those teachings, which have become
universal values, remind us that Jews, Christians, Muslims
and all others have more in common than we think.
Tolerance is a
basic principle of Islam. It is a religious moral duty.
Muslims are tolerant with their enemies as well as their
fellow Muslims. Islam teaches tolerance on all levels:
individual, groups. It should be a political and legal
requirement. Tolerance is the mechanism that upholds human
rights, pluralism including cultural pluralism, and the rule
of law.
Islam and Coexistence
To trace the
contours of the principle of coexistence and its dimensions,
in the Islamic sense, nothing is more eloquent and relevant
than the Qur’an : "Say : 'O People of Scripture Come to a
word that is just between us and you" [14] The common
denominator between Muslims and other People of the Book is
vast. Since Islam has instilled in the hearts of Muslims the
seeds of a predisposition for coexistence with the entire
humankind, it is inclined to foster coexistence among the
believers in God, but coexistence, from this perspective,
does not mean a mandatory agreement on all matters.
Coexistence in
Islam is grounded in an ideological basis, taking root in
the faith. Muslims believe that the divine guidance was
relayed through a long series of messages and prophecies,
the last of which were Judaism, then Christianity and
finally Islam. It is, therefore, only natural that the three
religions should be nearer to one another than to the rest
of religions. The Quran refers to the Christians and the
Jews as the "People of the Book," because God had revealed
The Torah to Moses and The Gospel to Jesus before Prophet
Muhammad received the integral Message giving credence to
the former messages
One of the most
salient manifestations of coexistence in the Islamic
civilization throughout ages is reflected in Islam's
sustained perception of Jews and Christians as followers of
God-revealed religions.
The Muslims
gave substance to justice in the way most befitting the
status of humans. This is clearly reflected in their
treatment of those who do not believe in Islam and its
principles, in their endeavor to purify society from evil,
in their performance of humanitarian services and in their
close cooperation for the dissemination of virtue and
righteousness. History attests that the treatment
administered by Muslims to non-Muslims in conquered lands
was a paradigm of tolerance unmatched in history.
There is no
doubt that for centuries Muslim societies usually practiced
tolerance towards believers of other religions, to a much
greater extent than Europe in the Middle Ages or in early
modern period.[15]
Muslims in
their prayers and when they starts acts mentions God’s mercy
many times everyday when they says :"In the Name of Allah,
the Most Gracious, the Most Merciful" by this mean Islam
emphasizes the concept of God’s mercy and in the same time
inter-human mercy.
The concept of
God’s mercy is essential in Islam, when God is the merciful,
human being must be merciful, human being must be merciful
to others regardless to race, religion, color etc, and what
is interesting that the mercy gives the person a feeling of
safety, because mercy is something a person give to others
and the others do so, this meaning we find it in some way in
Bible when Jesus Christ said: "There is more happiness in
giving than there in receiving" [16]. Mercy always
leads to happiness and happiness is the main factor of
coexistence .
Muslims in European Societies
Let us focus
the position of Islam in Europe. This is an important part
of a process which, in an increasingly concrete inter-Muslim
discourse dealing with practical questions, should
strengthen the identity of Muslims in Europe. The
compatibility of the Muslim way of life with the European
one needs to be made visible inside as much as outside
Europe
The ten
commandments of the European Union set out herewith are an
entirely Euro-centric attempt to capture what currently seem
to be the values and ideals of the European Union. This of
course does not imply that the system of European Union
values is better than others, simply that these values are
all either explicit or implicit somewhere in the draft
Constitution. The European Union considers itself to be
values-based and driven.[17]
Muslims suffer
increasingly from an unacceptable equation between Islam and
terrorism which generates a constantly growing attitude of
rejection in public opinion. Muslims are confronted with a
strong pressure for justification. Within the global war
against terror, the concentration on a very small and narrow
segment of radicals, which is omnipresent in every debate
about Islam, has led to a fatal impression.
In this
situation, Muslims themselves have the responsibility, even
the obligation, to provide the highest possible transparency
and to bring the focus on the overwhelming majority of
Muslims who, in living up to the teachings of their
religion, stand for mutual respect and understanding and
reject terrorism as disdainful for human beings. Multipliers
of a peace-loving and rational Islam are key players in this
process.
The voices of
the scholars, theologians and intellectuals need to reach
Muslims as well as the non-Muslims, they are in close
contact with the people and can achieve a great deal. The
clear position of Islam concerning freedom and human dignity
needs to become common knowledge. The best medicine against
hatred and intolerance is knowledge.
Diversity is a
phenomenon common to all European societies. A key to
acknowledging this diversity in a useful way lies in the
recognition that it is a common good, the biggest common
denominator between Muslims and people of other religions or
ideologies as diversity common goods like the above reveal
the universal character of values which ensure the quality
of human coexistence.
As far as Jews
and Christians are concerned, Moses and Jesus are, according
to the Qur’an, important envoys among the five greatest
prophets in world history. Prophet Muhammad followed their
steps and paths. Within a universal frame, the belief of
Muslims in an equal and common origin of all mankind forms
the basis of the school of thought which, in the same way as
the humanistic tradition, defines humanity as the central
value. The sense of mutual responsibility among humans and
the responsibility for the Creation can only become
effective if human beings are considered equal without
application of different measures.
This principle
can only be translated into reality if values are not
jealously claimed by single groups. The search for freedom,
justice and human dignity is what we have in common with
other religions, ideologies and world views. Opposed to this
are poverty, oppression, discrimination, racism and
occupation.
There practical
advantages linked to Islam’s recognition in Europe, like the
right to practice religion freely and openly. The moderate
and open attitude towards Muslims in Europe creates a
positive atmosphere of cooperation with the whole society.
The culture of dialogue enables the building of bridges,
taking up topics of general interest in an objective way
instead of closing oneself up in ignorance and retreat. The
negative consequences of isolation in some kind of parallel
society are recognized by the Muslims of Europe ; thus,
segregation models are rejected. [18]
It can be said that Moslems in
Europe, who are better educated, more affluent, and more
powerful than the Moslems of other countries are also more
tolerant. [19]
Let us conclude my Idea in some examples:
1. Islam in Spain, which is
often retrospectively idealized as a golden age of
peaceful Jewish, Christian and Muslim coexistence.
2. In the Vatican Council
of 1962-1965 the Church defined its attitude towards
Islam in the formula which echoed the terminology of the
Qur’an itself. [20]
3. Many times each day
Muslims recite an important chapter of Qur’an in their
prayers as well as in all their actions, and if anyone
understood this verse as it's in simple meaning, we can
reach real coexistence and tolerance, i. e., this verse
" Guide us [Our God] to the Straight Way" [21].
4. When
Prophet Muhammad won great victory and he returned to
his homeland, Mecca. He asks the captured people "what
do you think shall I do with you?" They said: "a
merciful brother and nephew." he replied in simply, "Go
wherever, all of you are free."
According to
the last two examples, from two important sources in
Islam, Qur'an and Traditions of Prophet Muhammad we can
understand Islam as a religion of tolerance and
coexistence. In addition and in this context I believe and
I disagree with some Muslims commentators who interpret
the following verse of the last verse that Qur’an implies
rejection of Jews and Christians in stating " The way of
those on whom you have bestowed your Grace not (the way)
of those who earned your Anger, nor of those who went
astray" [22].
Concluding remarks
There are seven concluding remarks to be
made.
· Islam
supports the principals of pluralism. This finds its
expression in the Islamic principle of the diversity of
positive effect that the people and cultures have on the
development of civilization.
· In Islam
Justice and freedom represent two essential human values
and it is the duty of every society, all people
included, to stand up for justice anytime and anywhere
so that all human beings may enjoy their rights and
liberties.
· Dialogue
is the best instrument for the exchange of ideas between
the various social groups and religions. It guarantees
mutual recognition and peaceful coexistence. In order to
continue and develop constant networking and effective
working process and to be able to respond in time to
challenges. This dialogues and discussions between
differences religions, cultures and civilizations need
to take place.
·
Development of strategies to fight extreme views as well
as raise of awareness concerning rigid and unilateral
attitudes which could be harmful to Islam and Muslims,
in the past or today. Shared commitment concerning the
protection against such views or thoughts. For this
purpose, the argumentation builds on a detailed
theological and practical approach which keeps focusing
on the current challenges.
· The
international community has not yet agreed upon a
definition of the term "terror" but points out that
terror can not be associated with any religion, nation
or civilization. Furthermore, it stresses the fact that
anyone who threatens an innocent civilian with terror
and murder is a terrorist whatever his affiliation may
be. It is absolutely necessary for the international
community to deal seriously and scientifically with the
phenomenon of terrorism and support the creation of a
committee of intellectuals and opinion-makers to deal
intensively with this matter.
·
Networking and better communication between the
associations and the Islamic Religious Community in
Europe should accelerate the positive development of the
dialogue, as well as deepening of the Muslims'
understanding of the significance of active
participation in all areas of the society: cultural,
economic, political and social. Muslims in Europe as a
vital link between Europe and the Islamic world. A
closer and more trustful relationship should arise from
the perception of and the esteem for their role as
bridge-builders.
· The
Muslims of Europe are a constituent part of the European
societies, the relationship between the Muslims and the
European societies should build upon mutual good will
and understanding. From this perspective the religious
duty is peaceful coexistence with and within the society
and its different ethnic and religious groups. Muslims
in Europe - as much as any other citizen - have the duty
to commit himself actively to the security and peace of
the country and its inhabitants.
Keywords
Value of life as a main principle in Islam
"Reconciliation"
Islam and Tolerance
Islam and Coexistence
Muslims in Europe Societies
Notes
1. Al-sharif, Kamel, Human Rights in
Medina Charter, (In Arabic), Scientific Conference Human
Rights between "Shari'a" and written law, Riyadh, 2001,
pp.56.
2. Qura'n, Al-Ma'ida, 5:32
3. Al-Dousok,i Faroua, Human being as
agent on the earth, (In Arabic) Islamic Office Bierut, pp.
21
4. Traer, Robert, Muslim supports for
Human Rights, Religion and Human Rights,(Conference about
Human Rights), Khartom May 1992 pp.58
5. Al-Shatiby, Book "Almowafakat" 2/17-18
(In Arabic), Revision by M. A. Draz, first edition, Cairo.
6. Genesis 1:27
7. Corinthians 13:11
8. Matthew 22 :37-40
9. Sinceur, Mohamad Allal, Islamic
Traditions and Human Rights, in Philosophical Foundations of
Human Rights, UNESCO, Paris, 1986, pp211.
10. Qura'n, Ash-Shura, 42:48
11. Qura'n, An-Nahl, 16:125
12. Qura'n, An-Nur, 24:54
13. Qura'n, Al-Kahf 18:29
14. Qura'n, Al-imran 3:64
15. Kropácek, Lubš, Islam and Human
Rights, Islam in Contact with Rival Civilizations, Institute
of Philosophy of the Academy of Science of the Czech
Republic,1998,pp.18
16. Act 20:35
17. Emerson Michael, What values for
Europe, Islam and Tolerance in Wider Europe, Open Society
Institute, Bodapest, 2006, pp. 9
18. See Austrian Imam Conference April 2005 available at
http://www.derislam.at/islam.php?name=Themen&pa=showpage&pid=165
19. Sedat , Laciner, Identity in Turkey – EU relations
available at
http://www.usak.org.uk/junction.asp?docID=296&ln=EN
· Al-Dousoki Farouq, Human being as agent
on the earth, (In Arabic) Islamic Office Bierut.
· Al-sharif. Kamel Human Rights in Medina
Charter, (In Arabic), Scientific Conference Human Rights
between "Shari'a" and written law, Riyadh.
· Al-Shatiby, Book "Almowafakat" 2/17-18
(In Arabic), Revision by M. A. Draz, first edition, Cairo.
· Austrian Imam Conference April 2005 available at:
http://www.derislam.at/islam.php?name=Themen&pa=showpage&pid=165
· Emerson Michael, What values for
Europe, Islam and Tolerance in Wider Europe, Open Society
Institute, Bodapest, 2006.
· Hourani Albert, Islam in Europe
Thought, Cambridge University Press, 1991.
· Kropácek Lubš, Islam and Human Rights,
Islam in Contact with Rival Civilizations, Institute of
Philosophy of the Academy of Science of the Czech Republic,
Prague, 1998.
· Sedat , Laciner, Identity in Turkey –
EU relations available at:
· Sinceur Mohamad Allal, Islamic Traditions and Human
Rights, in Philosophical Foundations of Human Rights,
UNESCO, Paris, 1986.
· Traer, Robert, Muslim supports for
Human Rights, Religion and Human Rights,(Conference about
Human Rights), Khartom May 1992.
· The Holy Bible, Revised Standard
Version, Thomas Nelson & Sons, New York.
· The Holy Qur’an,(Translation of the
meaning of The Noble Qur’an). King Fahd Complex for the
printing of The Holy Qur’an, Madinah, K.S.A.
Mohamad Iwhida Ahmed, Libyan
nationality, born in Sebha – Libya on 01 10 1963. Diploma
from Sebha Religious Institute in 1981(Sebha-Libya).
Bachelor of Law from Faculty of Law Gar-Younis University in
1987 ( Benghazi-Libya). Master degree from Institute of
Islamic Studies Warsaw University in 1997 (Warsaw- Poland).
From 1987 to 1988 as a lawyer
in Legal Department at senate board Gar-Younis University
(Benghazi-Libya). From 1988 to 1994 as a lawyer in Legal
Section at National Investment Company (Libya). From 1998 to
2000 as a lecturer at Faculty of Law Sebha University (Sebha-Libya).
From 2000 to 2005 as an Advocate at Libyan Courts as well as
a lecturer at Faculty of Law Sebha University (Sebha-Libya).
Current position: From
October 2005 a Ph. D. Student in field of Human Rights,
Department of Comparative Study of Religions, Protestant
Theological Faculty, Charles University, (Prague-Czech
Republic).
MA. Mohamad
Iwhida AHMED
P. B. Box 529
Prague - Czech Republic,
Fax. 00420
221988215