Islam human rights compatible

Islam human rights compatible

Following is the first of a two-part article taken from a
paper presented by Muhammad A.S. Hikam at the Asia Foundation's
workshop on Human Rights in Asia and Pacific, Chiang Mai,
Thailand, Dec. 3-6, 1995. The writer of the article is a research
fellow at the Center for Economic and Development Studies, the
Indonesian Institute of Sciences (PEP-LIPI), Jakarta.

JAKARTA (JP): Is Islam compatible with the modern idea of
universal human rights? This question has been raised by people,
regardless of whether they are sympathetic or not to the
religion. It portrays the uneasy relations between religious and
so-called secular value systems in the making of modern society.
And Islam, has frequently become the target of criticism, much of
which is baseless, when it comes to the issue of human rights.

In fairness, I have to say that not all criticism can simply
be ignored. One only needs to recall that it is in the so-called
Islamic countries and predominantly Moslem regions that some of
the most serious violations of human rights have taken place.

The failure to grasp the dynamic tensions between religious
value systems and modern secular ideas in a given socio-
historical context has caused many people to take a negative
view, namely that Islam is simply incompatible and irreconcilable
with modern ideas of human rights.

Following Abdurrahman Wahid, the General Chairman of Nahdlatul
Ulama (NU), the relations between Islam and the modern idea of
human rights should be seen in a triangular relationship between
Islam as a universal religion, the modern and secular idea of
universal human rights (UDHR), and the particular interests of
the state.

It is well known that Islam contains universal principles
which may or may not be compatible with the secular-based
universal principle of human rights. Because of this, the
tensions between the two will be influenced by the ways in which
Islamic groups and leaders interpret such universal principles
and the responses from the advocates of the secular-based human
rights principles to those Islamic principles which may be
commensurate with them.

Clearly, several basic principles in Islam that are
commensurate with the universal declaration of human rights can
be found in the classical literature on religious laws (al-kutub
al-fighiyyah). Chief among them are the five principle which
encompass 1) protection from physical abuses outside the law, 2)
religious freedom, including non-coercion, 3) protection of the
family and offspring, 4) protection of private property, and 5)
protection of one's profession.

The first principle means that Islam stresses the existence of
a government based on the rule of law which guarantees equal
rights and treatment of all citizens. Also, Islam acknowledges
the importance of impartiality in the field of law enforcement
and the centrality of justice as the normative foundation of a
good society. This principle is undoubtedly commensurate with the
modern universal human rights principle which regards justice,
equality and democracy as the fundamental norms in a democratic
polity.

The second principle is commensurate with the modern idea of
religious tolerance. At the heart of Islam is the idea of the
Unity of God (at-tawhid) which means the affirmation of human
freedom without any oppression, human equality free from racism,
and human justice exempt of social injustice. This particular
freedom should encompass the realm of faith because Islam
respects different religions and acknowledges neither compulsion
nor coercion in religious matters.

The third principle is a moral and ethical foundation upon
which, according to Islam, a good society can be established.
This is because in Islam the sanctity of the family is the
foundation for community life and it should be free from
manipulation by outside forces, including both society and the
state. It is the family that first provides opportunities for a
person to choose alternatives which will affect his or her future
life.

The fourth principle is very crucial in relation to the modern
formation of society. Modernization inevitably brings about the
differentiation of roles and functions as well as the process of
individualization in society. The protection of individual rights
vis-a-vis societal rights has gradually become one of the demands
of modern life. A clear distinction between public life and
private life is needed, otherwise the violation of individual
rights in the name of public interest will prevail.

The fifth and last principle implies that in respecting
individual freedom, Islam allows an individual member of society
to choose alternatives which are considered relevant to one's
life. It respects the right to pursue one's goals as a means of
self-expression. This also means that Islam regards individual
responsibility as one of the most valuable elements in social
relations through which the development of a healthy personality
can be attained.

Accordingly, there is room for Moslems to work together with
others in promoting human rights, particularly in the above areas
upon which they agree. It can be inferred that if Moslems can
develop programs and actions from such principles they will be
able to grapple with the most pressing problems in the field of
human rights in many Islamic countries.

This brings us to the tension originated from the third
element, namely the state's particular interests. I think this is
the most challenging problem, especially in a country such as
Indonesia where Islam has historically been at the center of
domestic political struggle since its independence. The dynamic
relations between Islamic forces and the state have tremendous
impact on the efforts of Islamic groups, willing to work in the
field of human rights.