HUMAN RIGHTS IN ISLAM

Written by:
DATUAN SOLAIMAN PANOLIMBA-
North Cotabato, Philippines         

Bismillaher Rahmaner Raheem. Asalamu Alaykum Warahmatullahi Wabarakatuho.

Since ALLAH (S.W.T.) is the  Absolute and the Sole Master of men and the universe, HE is the sovereign Lord, the Sustainer and Nourishes, the Merciful, Whose mercy enshrines all beings; and since HE has given each man human dignity and honor, and breathed into him of His own spirit, it follows that, united in Him and through Him, and apart from their other human attributes, men are substantially the same and no tangible and actual distinction can be made among them, on account of their accidental differences such as nationality, color and race. Every human being is thereby related to all others and all become one community of brotherhood in their honorable and pleasant servitude to the most compassionate Lord of the Universe. In such a heavenly atmosphere, the Islamic confession of the oneness of God stands dominant and central, and necessarily entails the concept of the oneness of humanity and the brotherhood of mankind.      Although an Islamic State may be set up in any part of the Earth, Islam does not seek to restrict human rights or privileges to the geographical limits of its own state. Islam has laid down some fundamental rights for humanity’s as a whole, which are to be observed and respected under all circumstances whether such a person is resident within the territory of the Islamic state or outside it, whether he is at peace with state or at war. The Glorious Qur’an very clearly states: ﻟبﺲﻢﺍﷲﺍﻠﺮﺤﻤﻦﺍﻠﺮﺤﻴﻢ:  ﻴﻠﻴﻬﻠﺍﻠﺰﻴﻦﻠﻤﻦﻮﺍﻜﻮﻦﻮﺍﻗﻮﻤﻴﻦﷲﺸﻬﺪﺍﺀﺐﻠﻗﺴﻄ. ﻮﻼﻴﺠﺮﻤﻦﻜﻤﺸﻦﻠﻦﻗﻮﻤﻋﻞﻰﻠﻼﺖﻌﺪﻝﻮﺍٔ ﺍﻋﺪﻞﻮﺍُھﻮﻠﻗربﻠﻝﺖﻮﻯٔﻮﺍﺖﻗﻮﺍﺍﷲٔٳنﺍﷲخبيرُبﻤﻠﺖﻊﻤﻞﻮﻦﮦ. Bismillaher  Rahmaner Raheem : Yaa ayuhallazi na aamano kuwnuw kawwa miy na lillahi suhada abilkhisthi. Wala yangri ninnakum sanaa aanukawmin ngalaa, Alla tangdilow.Huwa akrabuw littakwa, wattakullah.Innallaha khabiyron, bimaa tangmalown  (O ye who believe! Stand out firmly for God, as witnesses to fair dealing, and let not the hatred of others to make you swerve, to wrong and depart from justice. Be just: that is next to Piety: and fear God. For God is well-acquainted With all that ye do). (Sura V, verse 9).      Human blood is sacred in any case and cannot be spilled without justification. And if anyone violates this sanctity of human being by killing a soul without justification, the Glorious Qur’an equates it to the killing of entire mankind. Whose slays a soul not to retaliate for a soul slain, nor for corruption done in the land, should be as if he had slain mankind altogether. It is not permissible to  oppressed women, children, ole people, sick or the wounded. Women’s honor and chastity are to be respected under all circumstances. The hungry person must be fed, the wounded or sick be medically treated irrespective of whether they belong to the Islamic State or are from amongst its enemies.      When we respect of human rights in Islam, we really mean that these rights have been granted by ALLAH (S.W.T.). It is not granted by any king or by any legislative assembly. The rights granted by the kings, or the legislative assemblies, can be withdrawn in the same manner in which they are conferred. The same in the case with the rights accepted and recognized by dictators. They can confer them they please and withdraw when they wish. They can openly violate them when they like it. But since in Islam, human rights have been conferred by ALLAH (S.W.T.), no legislative assembly in the world or any government on earth has the right or authority to make any  amendment or change in the rights conferred by ALLAH (S.W.T.).  No one has the right to abrogate or withdraw them. Nor are they basic human rights which are conferred on paper for the sake of show and exhibition and denied in actual life when the show is over. Nor are they like philosophical concepts which have no sanctions behind them.      The charter, proclamations and resolutions of the United Nations cannot be compared with the rights sanctioned by ALLAH (S.W.T.). It is because the former is not applicable on every believer. They are part and parcel of the Islamic faith. Every Muslim or administrators who claim themselves to be Muslims, will have to accept, recognize and enforce them. If they fail to enforce them, and start denying the rights that have been granted by ALLAH (S.W.T.) or make amendments and changes in them, or practically violate them while paying lip service to them, the verdict of the Glorious Qur’an for such government is clear and unequivocal: ﻠبﺴمﺍﷲﺍﻠرﺤﻤﻦﺍﻠرﺤﻴمﻩ ﻮﻤﻦﻞمﻴﺤﻜمبﻤﻠﻠﻦﺬﻞﺍﷲﻔﻠﻮﻞﺀﻚﻫﻤﺍﻞﻜﻔﺮﻮﻦﮦ ﻈﻞﻤﻮﻦﻩ ﻔﺴﻗﻮﻦﻩ  Bismillaher Rahamner Raheem… Wa mallam yakkom bimaa anzallallaho faho laaika homol khaafirown, dhaalimown, faasikown, (And if any fail to judge by the light of what ALLAH (S.W.T.) Hath revealed, they are no better than unbelievers, wrong-doers, and rebellious). (Sura V,verse 47,48,50).HUMAN RIGHTS IN AN ISLAMIC STATE:1. The Security of Life and Property: In the address which  Prophet Muhammad (S.A.W.) delivered on the occasion of the Farewell Hajj, he said, “ Your life/lives and properties are forbidden to one another till you meet your Lord on the Day of Resurrection”. The Prophet has also said about  the dhimmis(the non Muslim citizens of the Islamic State), “One who kills a man under covenant(i.e., Dhimmi)will not even smell the fragrance of Paradise”.2. The Protection of Honour: The Holy Qur’an lays down. “You who believe, do not let one(set of ) people make fun of another set.i. do not defame one anotherii. do not insult by using nicknameiii. do not backbite or speak ill of one another (Sura 49, v.11-12).                                                                                              3. Sanctity and Security of Private Life: The Qur’an has laid down the injunction-i. do not on one anotherii. do not enter any houses unless you are sure of their occupants’ consent.4. The Security of Personal Freedom: Islam has laid down the principle that no citizen can be imprisoned unless his guilt has been proved in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reasonable opportunity to produce his defense is not permissible in   Islam.5. The Right To Protest Against Tyranny:  Amongst the rights that Islam has conferred on human beings is the right to protest against government’s tyranny. Referring to it the Qur’an says, “ God Does not love evil talk in public unless it is by someone who has been injured thereby”. In Islam, it has been argued earlier that all power and authority belongs to ALLAH (S.W.T), and with man there is only delegated power which becomes a trust; every who becomes a recipient or a donee of such a power has to stand in awful reverence before his people towards whom and for whose sake he will be called upon to use these powers. This was acknowledged by Hazrat Abu Bakr who said in his very first address;” Cooperate with me when I am right but correct me when I commit error; obey me so long as I follow the commandments of ALLAH and His Prophet; but turn away from me when I deviate”.6. Freedom of Expression:  Islam gives the right of freedom of thought and expression to all citizens of the Islamic State on the condition that it should be used for propagation of virtue and truth and not for propagation of evil and wickedness. The Islamic concept of freedom of expression is much superior to the concept prevalent in the Western countries. Under no circumstances would Islam allow evil and wickedness to be propagated. It also does not give anybody the right to use abusive and offensive language in the name of criticism. It was the practice of the Muslims to inquire in the Holy Qur’an whether on a certain matter a divine injunction had been revealed to him. If he said that he had received no divine injunction, the Muslims freely expressed their opinion on the matter.7. Freedom of Association: Islam has given people the right to freedom of association and formation of parties or organizations. This right is also subject to certain general rules.8. Freedom of Conscience and Conviction:  Islam has laid down injunction, “ There should be no coercion in the matter of faith. On the contrary, totalitarian societies totally deprived the individuals of their freedom. Indeed, this undue exaltation of the state authority curiously enough postulates a sort of servitude, of slavishness on the part of man.  At one time by slavery was meant total control of man over man, Now, that type of slavery has been legally abolished but in its place, totalitarian societies impose a similar sort of control over individuals.9. Protection of Religious Sentiments:  Along with the freedom of conviction and freedom of conscience, Islam has given the right  to the individual hat his religious sentiments will be given due respect and nothing will be said or done which may encroach upon his right.10. Protection From Arbitrary:  Imprisonment: Islam recognizes the right of the individual that he will not be arrested or imprisoned for the offenses of others. The Holy Qur’an has laid down this principle clearly: “ No bearer of burdens shall be made to bear the burden of another”.11. The Right To Basic Necessities of Life:  Islam recognized the right of the needy people that help and assistance will be provided to them, ALLAH (S.W.T.) says in the Qur’an, “And in their wealth there is acknowledged for the needy and destitute”.12. Equality Before Law;  Islam gives its citizens the right to absolute and complete equality in the eyes of the law.13. Rulers Not Above the Law;  A woman belonging to a high and noble family was arrested in connection with theft. The case was brought to the Prophet of Islam Muhammad (S.A.W.), and it was recommended that she might be spared the punishment of theft. The Prophet of ALLAH replied, “ The nations that lived before you were destroyed by God because they punished the common-man for their offenses and let their dignitaries go unpunished for their crimes. I swear by HIM WHO holds my life in His hand that even if Fatima, the daughter of Muhammad (S.A.W.), had committed this crime, I would have amputated her hand”.14. The Right To Participate in the Affairs of the State ** *ﻠبسﻢ۱ﷲ۱ﻠﺮﺤﻤن۱ﻠﺮﺤﯿﻢ*ﻮ۱ﻤﺮﻫﻤﺴﻮﺮۍبﯿنﻫﻢ                             * Bismillaher Rahmaner Raheem: Wa amrohom                      suurah       baynahum (And their affairs is conducted by mutual consultation among themselves) of the Glorious Qur’an. The shurah or legislative assembly has no other meaning except that the executive head of the government and members of assembly should be elected by free and independent choice of the people.                 Lastly, it is to be made clear that Islam tries to achieve the above-mentioned human rights and many others not only by providing certain legal safeguards but mainly by inviting mankind to transcend the  lower level of animal life to be able to go beyond the           mere ties fostered by the kinship of blood, racial                     superiority, linguistic arrogance, and economic privileges. It invites mankind to move on to a plane of existence where, by reason of his inner excellence, people can realize the ideal of the brotherhood of man.          Wasalamu Alaykum Warahmatullahi Wabarakatuho..

BRIEF HISTORICAL BACKGROUND OF THE BANGSAMORO STRUGGLE IN THE PHILIPPINES:

Written by: DATUAN S. PANOLIMBA
North Cotabato, Philippines

Bismillaher Rahmaner Raheem...Asalamu Alaykum Warahmatullahi Wabarakatuho.

The struggle of the Bangsamoro Muslims of the Philippines for their right to self determination against foreigner domination is the longest and bloodiest struggle in the entire history of mankind in the world which extends to about four hundred eighty nine (489) years already up to this writing. First, the Bangsamoro Muslims fought, without let up, against the Spanish colonial power for 377 years from 1521 to 1898. Second, they fought a bloody war against the American imperialist from 1898 to 1946, And third, they are still fighting against the Philippine neo-colonial power from 1946 up to the present. For 489 years, the Bangsamoro people fought foreign colonizers and earned the distinction of remaining unconquered.

But in that long period of glorious struggle was also planted and nurtured the seeds of Christian chauvinism which was to become a major aggravating factor in the present oppressed and exploited state of the Bangsamoro Muslims of the Philippines.

The gallantry and defenses of the Moro freedom fighters (Mujaheddin), have been maintained by them despite the immensely superior forces of the Spaniards, Americans and Filipino invaders. Arrogantly considering themselves ( The Bangsamoro people) as the rightful owners of the Philippine Islands before the arrival of foreign colonizers in 1521, these aggressive foreign invaders proceeded to govern in utter disregard of the right to self determination and independence of the Bangsamoro people.

Seeing Mindanao and its islands as a infinite source of raw materials, they proceeded to distribute lands in accordance with American colonial laws. Military power was employed efficiently to discouraged armed oppositions. At first this was made up of U.S. troops, later of American-led Philippine Scouts and Philippine Constabulary.

Being now all colonial subjects, the people of Mindanao and its islands were treated as if they belonged to one nation, differing only in levels of development
and of culture. They did not of course hide their distaste for Moros and other tribal
groups whom they promptly labeled as uncivilized. Assimilation into one Philippine body politic was the main objective. Whether they were unconquered in the Spanish days or not, these people, the Moros and the Highlanders, were molded to become Filipinos.

There was widespread opposition to American rule from among the native inhabitants of Mindanao. For their part, the Moro people combined both armed and unarmed protested to local and foreigner domination's.

On at least two occasions, in 1921 and 1935, the top Datus of the Moro people
petitioned the U.S. President to treat them and their people differently from the rest of the Philippine inhabitants. But to no avail. They were assimilated into the Filipino nation and have remained so to this day.

With the creation of the Commission on National Integration (CNI) in 1957, the
status of the Bangsamoro people as cultural minorities was formalized.

But a people conscious of their right and dignity, nurtured by long years of struggle against Spanish incursions, succumbed only temporarily to external forces of dominations. Shortly, the fight to self determination was resumed.

In 1961, Congressman Ombra Amilbangsa of the Province of Sulu, filed a bill at the House of Representatives, Congress of the Philippines seeking the separation of Sulu archipelago from the Philippine Republic. But sad to note, it was given no hearing in the Philippine Congress.

Seven years later, in 1968, Datu Udtog Matalam, Governor of the empire province of Cotabato created the Mindanao Independence Movement (MIM) seeking the separation of Mindanao, Sulu, Basilan, Tawi-tawi and Palawan from the Republic of the Philippines and to establish an Islamic State in the sacred and ancestral homeland of the Bangsamoro people. But the dream and aspiration of the grand old man of Cotabato failed.

Finally in 1972, the Moro National Liberation Front (MNLF)and its military wings, the Bangsamoro Army led by Prof. Nur Misuari went public declaring armed struggle as its principal instrument in the formation of a Bangsamoro Republik encompassing Mindanao, Sulu, Basilan, Tawi-tawi and Palawan. It sought to liberate Moro people and homeland from Philippine colonialism.

The reverberating sounds of the firearms and mortars of the Bangsamoro Revolution led by the Moro National Liberation Front (MNLF) pressured the Philippine government under the then President Ferdinand E.Marcos to entered into an agreement with the MNLF leadership in December 23, 1976. The agreement was known as "Tripoli Agreement of 1976". It sought to establish an autonomous government for Muslims in South of the Philippines under its sovereignty and territorial integrity. But Pres. Marcos grossly violated the letter and spirit of the agreement.

When Pres. Corazon (Cory) Aquino catapulted to the presidency of the Philippines in 1986 because of the Peoples Power Revolution against Pres. Marcos, she created the Autonomous Region in Muslim Mindanao (ARMM), but still failed to finally solved the Bangsamoro problem in Mindanao and its islands. Until in 1992,when Pres. Fidel V. Ramos became Philippine president after Pres. Cory Aquino, his government negotiated with the MNLF leadership which resulted to the creation of Southern Philippines Council for Peace and Development (SPCPD) in September 2, 1996. But still the Bangsamoro dream of freedom and independence became more obscure. It was because of the fact that all agreements entered by and between the MNLF and GRP are only a showpiece of the Philippine government in order to smokescreen the oppression, exploitation, colonization and extermination of the Bangsamoro people. This regional set-up of government is nothing but an adjunct of the Filipino colonial government. It is being used by the Philippine government to further fortify the Filipino colonialism over the Bangsamoro people and ancestral homeland.

So that when the MNLF leadership compromised the liberty and independence of the Bangsamoro people in December 1976, the Moro Islamic Liberation (MILF), chaired by the late Ameril Mujahideen Ustadz Salamat Hashim went public assuming and leading the JIHAD FEY SABILILLAH of the Bangsamoro people for final liberation freedom and independence, NsALLAH SUBHANAHO WATAALLAH.

Late Ustadz Salamat Hashim, then Ameril Mujahideen and Chairman, Central Committee of the Moro Islamic Liberation Front (MILF) said and we quote " Any solution less than full independence of the Bangsamoro people will not work. Past experiences since the beginning of the annexation of the Bangsamoro homeland to the Philippines in 1935, have proven that the Bangsamoro Muslims could not live a normal life under a corrupt and secular government and that the two nations, the Bangsamoros and the Filipinos, could not get along with each other because of their distinct religions, customs and traditions. It will be for the best interests of the Bangsamoros and the Filipinos if both are free" and quote"

Wasalamu Alaykum Warahmatullahi Wabarakatuho.