Islam human rights compatible<\/p>\n
Following is the first of a two-part article taken from a
\npaper presented by Muhammad A.S. Hikam at the Asia Foundation's
\nworkshop on Human Rights in Asia and Pacific, Chiang Mai,
\nThailand, Dec. 3-6, 1995. The writer of the article is a research
\nfellow at the Center for Economic and Development Studies, the
\nIndonesian Institute of Sciences (PEP-LIPI), Jakarta.<\/p>\n
JAKARTA (JP): Is Islam compatible with the modern idea of
\nuniversal human rights? This question has been raised by people,
\nregardless of whether they are sympathetic or not to the
\nreligion. It portrays the uneasy relations between religious and
\nso-called secular value systems in the making of modern society.
\nAnd Islam, has frequently become the target of criticism, much of
\nwhich is baseless, when it comes to the issue of human rights.<\/p>\n
In fairness, I have to say that not all criticism can simply
\nbe ignored. One only needs to recall that it is in the so-called
\nIslamic countries and predominantly Moslem regions that some of
\nthe most serious violations of human rights have taken place.<\/p>\n
The failure to grasp the dynamic tensions between religious
\nvalue systems and modern secular ideas in a given socio-
\nhistorical context has caused many people to take a negative
\nview, namely that Islam is simply incompatible and irreconcilable
\nwith modern ideas of human rights.<\/p>\n
Following Abdurrahman Wahid, the General Chairman of Nahdlatul
\nUlama (NU), the relations between Islam and the modern idea of
\nhuman rights should be seen in a triangular relationship between
\nIslam as a universal religion, the modern and secular idea of
\nuniversal human rights (UDHR), and the particular interests of
\nthe state.<\/p>\n
It is well known that Islam contains universal principles
\nwhich may or may not be compatible with the secular-based
\nuniversal principle of human rights. Because of this, the
\ntensions between the two will be influenced by the ways in which
\nIslamic groups and leaders interpret such universal principles
\nand the responses from the advocates of the secular-based human
\nrights principles to those Islamic principles which may be
\ncommensurate with them.<\/p>\n
Clearly, several basic principles in Islam that are
\ncommensurate with the universal declaration of human rights can
\nbe found in the classical literature on religious laws (al-kutub
\nal-fighiyyah). Chief among them are the five principle which
\nencompass 1) protection from physical abuses outside the law, 2)
\nreligious freedom, including non-coercion, 3) protection of the
\nfamily and offspring, 4) protection of private property, and 5)
\nprotection of one's profession.<\/p>\n
The first principle means that Islam stresses the existence of
\na government based on the rule of law which guarantees equal
\nrights and treatment of all citizens. Also, Islam acknowledges
\nthe importance of impartiality in the field of law enforcement
\nand the centrality of justice as the normative foundation of a
\ngood society. This principle is undoubtedly commensurate with the
\nmodern universal human rights principle which regards justice,
\nequality and democracy as the fundamental norms in a democratic
\npolity.<\/p>\n
The second principle is commensurate with the modern idea of
\nreligious tolerance. At the heart of Islam is the idea of the
\nUnity of God (at-tawhid) which means the affirmation of human
\nfreedom without any oppression, human equality free from racism,
\nand human justice exempt of social injustice. This particular
\nfreedom should encompass the realm of faith because Islam
\nrespects different religions and acknowledges neither compulsion
\nnor coercion in religious matters.<\/p>\n
The third principle is a moral and ethical foundation upon
\nwhich, according to Islam, a good society can be established.
\nThis is because in Islam the sanctity of the family is the
\nfoundation for community life and it should be free from
\nmanipulation by outside forces, including both society and the
\nstate. It is the family that first provides opportunities for a
\nperson to choose alternatives which will affect his or her future
\nlife.<\/p>\n
The fourth principle is very crucial in relation to the modern
\nformation of society. Modernization inevitably brings about the
\ndifferentiation of roles and functions as well as the process of
\nindividualization in society. The protection of individual rights
\nvis-a-vis societal rights has gradually become one of the demands
\nof modern life. A clear distinction between public life and
\nprivate life is needed, otherwise the violation of individual
\nrights in the name of public interest will prevail.<\/p>\n
The fifth and last principle implies that in respecting
\nindividual freedom, Islam allows an individual member of society
\nto choose alternatives which are considered relevant to one's
\nlife. It respects the right to pursue one's goals as a means of
\nself-expression. This also means that Islam regards individual
\nresponsibility as one of the most valuable elements in social
\nrelations through which the development of a healthy personality
\ncan be attained.<\/p>\n
Accordingly, there is room for Moslems to work together with
\nothers in promoting human rights, particularly in the above areas
\nupon which they agree. It can be inferred that if Moslems can
\ndevelop programs and actions from such principles they will be
\nable to grapple with the most pressing problems in the field of
\nhuman rights in many Islamic countries.<\/p>\n
This brings us to the tension originated from the third
\nelement, namely the state's particular interests. I think this is
\nthe most challenging problem, especially in a country such as
\nIndonesia where Islam has historically been at the center of
\ndomestic political struggle since its independence. The dynamic
\nrelations between Islamic forces and the state have tremendous
\nimpact on the efforts of Islamic groups, willing to work in the
\nfield of human rights.<\/p>",
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