{
    "success": true,
    "data": {
        "id": 1383713,
        "msgid": "civil-political-rights-in-islam-1447893297",
        "date": "1998-12-05 00:00:00",
        "title": "Civil, political rights in Islam",
        "author": null,
        "source": "JP",
        "tags": null,
        "topic": null,
        "summary": "Civil, political rights in Islam This is the second of two articles based on a paper prepared by Dr. Nurcholish Madjid, rector of The University of Paramadina Mulya in Jakarta, for the Seminar on Enriching the Universalities of Human Rights: Islamic Perspectives on the Universal Declaration of Human Rights, held in Geneva, on Nov. 9-10.",
        "content": "<p>Civil, political rights in Islam<\/p>\n<p>This is the second of two articles based on a paper prepared<br>\nby Dr. Nurcholish Madjid, rector of The University of Paramadina<br>\nMulya in Jakarta, for the Seminar on Enriching the Universalities<br>\nof Human Rights: Islamic Perspectives on the Universal<br>\nDeclaration of Human Rights, held in Geneva, on Nov. 9-10.<\/p>\n<p>GENEVA: The universality of religion and the oneness of<br>\nhumanity lay the foundation for the necessity of believing in all<br>\nreligions symbolized in the Islamic article of faith of believing<br>\nin all prophets and all holy books.<\/p>\n<p>Here are some extensive quotations from the Koran relevant to<br>\nthe principles:<\/p>\n<p>\"The same religion has He established for you as that which He<br>\nenjoined on Noah -- the which We have sent by inspiration to thee<br>\n-- and that which We enjoined on Abraham, Moses and Jesus: namely<br>\nthat ye should remain steadfast in religion and make no divisions<br>\ntherein; to those who worship other things than God hard is the<br>\n(way) to which thou callest them. God chooses to Himself those<br>\nwhom He pleases and guides to Himself those who turn (to Him).\"<br>\n(Koran 42:13)<\/p>\n<p>\"Mankind was one single community and God sent messengers with<br>\nglad tidings and warnings; and with them He sent the Book in<br>\ntruth to judge between people in matters wherein they differed.\"<br>\n(Koran 2:113)<\/p>\n<p>\"Mankind was but one nation but differed (later). Had it not<br>\nbeen for a word that went forth before from thy Lord their<br>\ndifferences would have been settled between them.\" (Koran 10:19)<\/p>\n<p>\"Now then for that (reason) call (them to the Faith) and stand<br>\nsteadfast as thou art commanded nor follow thou their vain<br>\ndesires; but say: 'I believe in the Book which God has sent down;<br>\nand I am commanded to judge justly between you. God is our Lord<br>\nand your Lord. For us (is the responsibility for) our deeds and<br>\nfor you for your deeds. There is no contention between us and<br>\nyou. God will bring us together and to Him is (our) final goal.\"<br>\n(Koran 42:15)<\/p>\n<p>At the face of the universality of religions and of their<br>\nfundamental unity, all of the apparent differences among<br>\nreligions are but the external forms and the symbolical<br>\nexpressions of the same and one perennial truth which is<br>\nbasically ineffable.<\/p>\n<p>God gives all communities their own way and method of<br>\nattaining salvation, and there are many, not one, ways of God and<br>\nways of salvation, although man should be cautious against some<br>\nof them which are devious. Every community has its own point of<br>\norientation, and members of a community are not supposed to<br>\nquestion the validity of the point of orientation of other<br>\ncommunities, but all communities should be encouraged to \"strive<br>\ntogether (as in a race) toward all that is good\".<\/p>\n<p>Thus the principle of the freedom of conscience is firmly<br>\nestablished in the Koran. The principle is an absolute necessity<br>\nbecause at the ultimate stage it is individuals rather than<br>\ncollectivities who will be held responsible for all of their<br>\nrespective worldly activities. The Koran is replete with<br>\nassertions that on the Day of Judgment people will be summoned by<br>\nGod absolutely individually to account for their deeds:<\/p>\n<p>Just as man is the vicegerent of God, he is the highest among<br>\nall creatures in ranking, in such a way as none is above him<br>\nexcept God. Therefore, man should not look up to anything other<br>\nthan God. God honors the children of Adam, and subjects the whole<br>\nuniverse as His bounty for them, as long as they use reason. And<br>\nhuman beings are worthy of the divine honor as individuals, that<br>\nthe Koran says that every individual of man is worth the whole<br>\nhumanity, \"that if anyone slew a person unless it be for murder<br>\nor for spreading mischief in the land it would be as if he slew<br>\nthe whole people: and if anyone saved a life it would be as if he<br>\nsaved the life of the whole people.\" (Koran 5:32)<\/p>\n<p>By virtue of the individual dignity of man as the vicegerent<br>\nof God, each person has the right to exercise the freedom to<br>\nchoose what he conceives as good for him to perform in activities<br>\nthat he would be personally and individually held accountable for<br>\nin front of his Lord, just as it is exactly all of the purpose of<br>\nthis life. \"He (God) who created death and life that He may try<br>\nwhich of you is best indeed: And He is the Exalted in Might, Oft-<br>\nForgiving.\" (Koran 67:2)<\/p>\n<p>Individual accountability presupposes individual freedom<br>\nbecause someone cannot be held accountable for his deeds if he<br>\ndoes not have any choice other than what he has done. This<br>\npostulate is very strongly indicated in the Koran: \"Anyone who<br>\nafter accepting faith in God utters unbelief except under<br>\ncompulsion while his heart remains firm in faith, but such as<br>\nopen their breast to unbelief, on them is wrath from God and<br>\ntheirs will be a dreadful penalty.\" (Koran 16:106)<\/p>\n<p>Therefore, one of the basic rights of every individual is to<br>\nparticipate in all processes of decision-making that affects<br>\ntheir lives through open and mutual deliberation and consultation<br>\n(shura). The prophet himself was ordained by God to perform the<br>\nshura, and the first four enlightened caliphs firmly held the<br>\nprescript. It is very unfortunate that the open and enlightened<br>\npolitical arrangement of Islam of the Prophet from Mecca to<br>\nYathrib (renamed Medina) until the assassination of Ali, the<br>\nfourth caliph.<\/p>\n<p>The system was then usurped by the Umayyads, terminating the<br>\nbasic Islamic social and political arrangement and replacing it<br>\nwith a pre-Islamic Arabian system.<\/p>\n<p>Robert Bellah, one of the leading authorities in sociology of<br>\nreligion, observes that the system laid down by the Prophet and<br>\ndeveloped by the first four caliphs \"did so closely enough to<br>\nprovide a better model for modern national community building<br>\nthan might be imagined.\"<\/p>\n<p>But \"it was too modern to succeed. The necessary social<br>\ninfrastructure did not yet exist to sustain it.\"<\/p>\n<p>Bellah said: \"There is no question but that under Muhammad,<br>\nArabian society made a remarkable leap forward in social<br>\ncomplexity and political capacity. When the structure that took<br>\nshape under the Prophet was extended by the early caliphs to<br>\nprovide the organizing principle for a world empire, the result<br>\nis something that for its time and place is remarkably modern. It<br>\nis modern in the high degree of commitment, involvement and<br>\nparticipation expected from the rank-and-file members of the<br>\ncommunity.<\/p>\n<p>\"It is modern in the openness of its leadership positions to<br>\nability judged on universalistic grounds and symbolized in the<br>\nattempt to institutionalize a nonhereditary top leadership. Even<br>\nin the earliest times, certain restraints operated to keep the<br>\ncommunity from wholly exemplifying these principles, but it did<br>\nso closely enough to provide a better model for modern national<br>\ncommunity building than might be imagined. The effort of modern<br>\nMoslems to depict the early community as a very type of<br>\nequalitarian participant nationalism is by no means an<br>\nunhistorical ideological fabrication.<\/p>\n<p>\"In a way the failure of the early community, the relapse into<br>\npre-Islamic principles of social organization, is added proof of<br>\nthe modernity of the early experiment. It was too modern to<br>\nsucceed. The necessary social infrastructure did not yet exist to<br>\nsustain it.\"<\/p>\n<p>As for the relapse into pre-Islamic principles of social<br>\norganization, it was done by the Umayyads from Damascus,<br>\nbeginning with Mu'awiyah's decision to appoint his own son,<br>\nYazid, to succeed him as the caliph, discarding the system of<br>\npreceding caliphs.<\/p>\n<p>Reactions against the Umayyads by the Medinese and Meccans<br>\nwere harsh and radical. In Medina, Abdur Rahman bin Abi Bakr,<br>\nbrother of A'ishah, the wife of the Prophet, categorically<br>\nrejected the plan, accusing the Umayyads of shedding the Sunnah<br>\nof the Prophet and the caliphs, adopting the traditions of the<br>\nPersian Khurso and the Roman Caesar.<\/p>\n<p>Other leading figures like Abdullah bin Umar and Abdullah bin<br>\nZubair reacted in the same way, charging the Umayyads of leaving<br>\nbehind the Koranic principle of mutual consultation and the<br>\ntradition of the nascent Islamic community of open election of<br>\ncaliphs.<\/p>\n<p>As it is well-known, ever since the time of the Umayyads, the<br>\nMoslem world knew only hereditary, genealogical dynasties in<br>\npolitical systems until the reintroduction of the idea of a<br>\nrepublic and open elections by the West in modern times.<\/p>\n<p>Even more than that, starting with the Umayyads, Moslems knew<br>\nonly states or dynasties named after ruling clans, like the<br>\nUmayyads, the Abbasids and the Fatimids, or after ruling tribes,<br>\nlike the Moguls in India. All of this is against the very basic<br>\nprinciple of the Koranic and prophetic perspectives.<\/p>\n<p>Author Emile Dermenghem said: \"Islam, which has contributed to<br>\nthe spiritual life of humanity and has enriched its culture,<br>\noffers permanent value from which all have profited. Intermediate<br>\nnation, as the Koran says, has its role to play between east and<br>\nwest. If it has, like all religions and moral codes, its closed<br>\nand static aspects in the Bergsonian sense, it also has what is<br>\nneeded for an open religion.\"<\/p>\n<p>As an open religion, Islam has developed a cultural system<br>\nwhich is highly receptive to other cultures. The outlook can be<br>\nconveyed to modern times that Islam must be able to positively<br>\nand consistently accept and validate modern values akin to its<br>\nown very fundamental principles like the ideas propounded in the<br>\nuniversal Declaration of Human Rights. Maybe there is a need for<br>\nsome very particular adjustments of Islamic principles but it<br>\nshould be seen as the imperative of the adjustment to particular<br>\ncultural environments or particular requirements of a certain<br>\ntime and space.<\/p>\n<p>Such an adjustment was given as an example by Caliph Umar in<br>\nthe way he handled the problem of redistributing the agricultural<br>\nlands of the liberated regions.<\/p>\n<p>When he was confronted with fierce opposition from some<br>\nleading Moslem figures in Medina using literal references from<br>\nthe Holy Book, he managed to overcome this by his enlightened<br>\nsuccess in elevating the Koranic principles from a literal<br>\napproach and understanding to highly generalized principles and<br>\nthen bringing them down to prerequisites of the realities of the<br>\nsituation.<\/p>",
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