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.