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ABSTRACT
Based on the data, it can be said that Islam is the second largest religion in the world today. According to estimates,
the total number of people who believe in Islam in the world is more than two billion. People who believe in Islam
constitute the majority in more than one hundred and twenty countries of the world. It is the demand of the times to
keep the educational system and issues of Islamic religion and law in line with t
`he times, to establish scientific
research centers, and to try to re-evaluate the Islamic legal heritage.
KEYWORDS
Assembly, enlightenment, resolution, inheritance, gultaj, shari'a, ijtihad, siyar, al-muvodaa, fatwa.
INTRODUCTION
"Indeed, (We) honored the children of Adam and made
them ride on land and sea (on horses and ships) and
provided them with pure things and made them better
than many creatures that We created" (Surah Isra, 70 -
verse).
At the beginning of the 21st century, issues of
observing human rights are gaining special scientific,
theoretical and practical importance. It is not wrong to
say that the democratic criterion of all the countries in
the world today is mainly the attitude towards human
rights.
If we think about the Islamic world, we can say based
on the data that today Islam is the second largest
religion in the world. According to estimates, the total
number of people who believe in Islam in the world is
more than two billion. People who believe in Islam
constitute the majority in more than one hundred and
twenty countries of the world.
Research Article
HUMAN RIGHTS AND INTERNATIONAL LAW IN ISLAM
Submission Date:
July 20, 2023,
Accepted Date:
July 25, 2023,
Published Date:
July 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue07-10
Rakhmanov Abdumukhtor Rezhzhabbaevich
Tashkent State University Of Law, Associate Professor Of The Department Of International Law And Human
Rights, Doctor Of Philosophy In Legal Sciences, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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As one of the legal systems in the world today, Islamic
law refers to the customary legal concepts in the
Islamic religion. Norms of Islamic law, moral and
religious rules form a single religious-legal system -
Islamic law. Islamic law lays down general legal
guidelines and rules of conduct that also affect the
field of international law.
According to most prominent Islamic scholars, human
rights are the way of life, thinking, work and wealth
balance of Muslims. We have mentioned in full above
that in Surah Isra, verse 70 of the Qur'an, it is
emphasized that "We have made the children of man
dear and honorable", raising the status of man. Of
course, it is impossible to imagine a higher status,
honor and place for a person.
Prophet Muhammed (SAW)'s words: "White is not
superior to black, Arab is not superior to non-Arab, all
people are brothers, they are equal in front of the one
God" also shows how important human rights issues
are.
We all know that in the Republic of Uzbekistan, where
the majority of the population is made up of believers
of the Islamic religion, Islamic ideas and Sharia
standards have been preserved as a custom. According
to historical and legal sources, Islam and its legal-
religious
views,
worship
standards,
state
administration and structure, lifestyle, which have
been practiced in our country for more than twelve
centuries, are considered the basis of development
and are currently preserved as traditions.
The modern stage of state and society building in
Uzbekistan relies on local and foreign experience in the
formation of a democratic, legal secular society on a
constitutional basis. The constitution reflects the
specific features of the state form depending on the
historical development and national mentality, and
regulates humane legal relations between the state
and religion.
The adoption of the special resolution "Enlightenment
and religious tolerance" at the general session of the
UN General Assembly was a vivid expression of
Uzbekistan's initiative in the field of religious
tolerance. The draft special resolution called
"Enlightenment and religious tolerance" developed by
Uzbekistan was unanimously supported by all member
states of the organization at the plenary session of the
General Assembly held on December 12, 2018. The
initiative to adopt this resolution was put forward by
the President of the Republic of Uzbekistan at the 72nd
session of the UN General Assembly in New York in
September 2017. Thus, this document, adopted on the
initiative of President Shavkat Mirziyoyev, serves to
strengthen the culture of educational tolerance among
the nations of the world.
It is for this reason that the idea of justice,
comprehensive strengthening of human rights, strict
observance of the rights and freedoms of citizens of
the new Uzbekistan, which is developing a democratic
legal state, covers all spheres of social life. A
democratic legal state should be a people-oriented
organization first. If we define the legal state in terms
of human rights, then only the state in which human
interests are ensured and rights and freedoms are
protected can be called a legal state.
Our historical and legal heritage of more than fourteen
centuries has a number of traditions that should be
studied comprehensively and world experience should
be used. The religion of Islam and its law - sharia has a
significant impact on the development of the state and
law, human rights and freedoms in a number of
countries of the world. Their legal and ideological
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scope remains very wide even in the present time. This
is due to the fact that the Islamic Shariah is closely
related to the Islamic religion, a religious system that is
of decisive importance for the outlook of the
population in countries where the majority of the
population is Muslim.
Man is the culmination of the creatures created by God.
God is the owner of absolute sovereignty - unlimited
power, and all people must obey him and his demands.
These points are one of the main differences between
the understanding of human rights in Islam and the
human rights enshrined in the Universal Declaration of
Human Rights.
Traditional Islamic law stems from the division of the
world legal order into two parts: the community of
Islamic nations and the rest of the world outside of it.
But in practice, including relations between Muslim
countries, the main regulatory function is performed
by modern international law. Maintenance of the
international legal order, protection of human rights
and freedoms at the international level, resolution of
international disputes and armed conflicts are carried
out based on the rules of international law.
This indicates that:
1) Sharia rules, as well as specific norms of Islamic law,
are not automatically applied in the field of foreign
policy and international legal regulation;
2) Ijtihad - determining the Shari'a ruling by using the
special rules of the case for which the Shari'a ruling has
not arrived is becoming more and more important;
3) Islamic countries, which are subjects of international
law, as members of the UN, are diligently fulfilling their
obligations under the Charter of this organization.
As for Islamic international law, international law in
Islam is used with the term "siyar". The work "Sharh al-
siyar al-kabir" by the scholar Imam Sarakhsi, who
founded Islamic international law, became a guide for
the rulers of Islamic countries. The main guide of the
Baburites, "Fatawa'i Alamgiri", also has a separate
chapter on siyar.
A correct understanding of the meaning of Siyar and an
approach to its various issues based on the historical
approach opens the way to understanding the basic
concepts, content, essence and principles of Islamic
international law. It is self-evident that in the latest
international legal teaching of Islam, the widening of
the scope of applicable international law norms and
rules is important. Contracts and agreements play an
important role in the regulation of international
relations in Islamic law. If we comment on the origin of
international law in general, it is usually emphasized in
most sources that the homeland of international law is
Europe. The names of such scholars as Francisco de
Vitoria, Alberico Gentili, Pierre Bale, Baltazar Ayyala
who lived in the 15th-16th centuries are cited as the
founders of international law. This information is
available, but it is worth saying that the first
fundamental work on international law was created
not in Europe, but in our country. Its author is our
compatriot Muhammad ibn Ahmad Abi Sahl Abu Bakr
Shamsul-Aimma al-Sarakhsi, a great mujtahid legal
scholar who studied in Bukhara in the 11th century and
spent most of his life in the Ferghana Valley. In his work
"Sharh al-Siyar al-Kabir" ("Major commentaries on
international law"), for the first time, a classic
definition of international law as an independent field
of law was given, and he stated that international law
should be recognized as a separate branch. Imam al-
Sarakhsi is one of the famous and great scholars in the
Islamic world. During his lifetime, Sarakhsi was also
given such honoring statuses as "sun of the Imams"
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("shamsul aimma"), "sun of religion" ("shamsud-din").
Scientists believe that he created about a hundred
fundamental works. Sarakhsi thought about the most
pressing issues of Hanafi law, touched on the most
controversial aspects. Therefore, his works are widely
distributed throughout the Islamic world and are
included in the libraries of prestigious universities. The
main concepts and principles of international law,
almost all fields and topics, categories and institutions
are reflected in Imam Sarakhsi's works. The first classic
definition of the concept of contract in the teaching of
Islamic international law was given by Imam Sarakhsi.
In Sarakhsi's work "Sharh al-siyar al-kabir" the concept
of contract, validity period and date of contracts,
coverage of contractual rights and obligations, criteria
of invalidity or validity of contracts and other issues are
covered in detail.
Sources indicate that early treaties concluded by
Islamic states regulated their relations with Christian
countries and, in particular, related to the
establishment of good neighborly relations and the
granting of security status to non-Muslims allowing
them to be in the territory of Islamic states.
The category of peace treaties and agreements
includes:
-
declarations of intentions of a preliminary nature
("al-murowada");
-
agreements on cessation of hostilities ("al-
muvodaa");
-
"al-muvodaa" type - temporary peace agreements
("mughodana");
-
alliance agreement ("al-khilf");
-
agreements on the transfer and exchange of
prisoners of war ("al-mufadad").
It should be mentioned that in some Islamic
international legal doctrines, which preserve the
traditional approaches of Islamic law over international
law, the rule that the international agreement is not
considered the main source of legal regulation of
international relations has been adopted. In some
cases, this requires "fortification" of a particular
agreement with an Islamic state with the norms of
traditional Islamic law. In such cases, one of the most
influential centers of Islamic religious and legal
teachings usually assumes the role of arbitrator. For
example, in March 1979, after the signing of the Camp
David Agreement between Egypt and Israel on the
Middle East, the sheikh of "al-Azhar" University in Cairo
announced a special "fatwa" (conclusion on the
compatibility of this or that legal document with the
rules of Sharia). This fatwa states that the treaty with
Israel does not contain any provisions contrary to the
Qur'an or Sunnah, does not discriminate against any
rights or agree to occupy any territory, rather it
liberates the territory and restores rights. At the same
time, the modern approach to human rights and the
concept, sources and types of human rights according
to Islamic teachings allow to study and research and to
study and distinguish between universal and
customary rights and freedoms.
Due to the fact that the Republic of Uzbekistan has
achieved state independence, the belonging of our
people to Eastern culture, Islamic religion and Islamic
jurisprudence requires the research of our historical
and legal heritage, especially human rights in Islam,
and conveying it to our people.
As we know from historical and legal sources, scholars
of Mavorunnahr made a great contribution not only to
the development of Islamic law - Sharia, but also to the
preservation and further development of the Islamic
religion. Over time, Islamic law developed as a separate
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legal system. It should be noted separately that the
International Comparative Law Congress held in The
Hague in 1937 was attended by the famous Islamic
scholar Mahmoud Shaltut (1893-1963), the forty-third
sheikh of al-Azhar. He participated in Islamic
jurisprudence with a lecture devoted to issues of
criminal and civil law, as well as the relationship
between Sharia and the Romano-Germanic legal
system. As a result of this conference, Islamic law was
recognized not only as an independent legal system,
but also as one of the foundations of the modern legal
system.
According to Islamic law, righ (haq)t and right(huquq)
come in the same meaning, because in translation from
Arabic language, right-haq is singular and right-huquq
is plural form.
Based on the norms presented in the main sources of
Islam, it can be said that a person has the right to live,
and in general, all rights are given by God, and there is
a responsibility to use these rights correctly and
effectively.
The basic rights granted to all human beings, including
Muslims, under Islamic law are:
-
the right to live; - the right to equality; - the right to
freedom;
-
the right to free thinking; - the right to political
freedom;
-
the right to go to foreign countries and seek
asylum there;
-
the right to work that ensures a decent life;
-
the right to justice; - the right to equality before the
law;
-
the right to protect one's honor; - the right to
receive social security;
-
the right to marry; - the right to privacy and
security;
-
the right to be protected from attacks on one's
honor and reputation;
-
right to education; - the right to protest against
oppression;
-
the right to freedom of speech; - freedom to hold
demonstrations;
-
freedom of conscience and belief; - the right to
protect religious feelings;
-
the right to participate in state affairs; - the right to
a decent life.
By the 21st century, with the changes in the world, the
interest and thinking of people are increasing, the
interest in studying the issues of rights and freedoms
and obligations of the individual is growing even more
in Islamic countries.
In the eyes of Islamic scholars and mujtahids, it is
important for Muslims to understand themselves as
citizens, to be generous, tolerant and patient, not to
act negatively, and to solve various issues within the
framework of the law that protects people's interests.
All state agencies and religious associations must
follow the issues of freedom of conscience. As a result,
this issue becomes an element of a person's spiritual
freedom.
Realizing the importance of widening the scope of
current
economic
relations,
freedoms,
and
responsibilities of people who believe in Islam, many
Islamic scholars attach great importance to
maintaining continuity with Islamic norms. The main
virtues of Muslims are sincerity, truthfulness, respect
for mutual rights, honesty, hard work, compassion.
"Being kind to a friend is a good deed, helping
someone to carry a load is a good deed, and pouring
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water into a neighbor's bucket is also a good deed,"
said our Prophet (SAW).
One area of human rights that is fully specified in the
sources of Islamic law, namely, the place of residence
of Muslim people, is protected, and the main sources
contain opinions on this matter:
1. According to Sharia, every person living in a Muslim
country has the right to have a satisfactory
accommodation, and if a person is not able to provide
himself with accommodation, he assigns this task to
the state. In this case, funds can be taken from the
budget, that is, from the zakat fund and other items of
the budget; if these costs burden the budget, the ruler
can impose additional taxes on wealthy citizens; it may
also oblige landlords with excess accommodation to
provide shelter to homeless Muslims at a moderate
fee.
2. Islam affirms the right to inviolability of residence;
it prohibits trespassing on a particular person's home
without his permission, regardless of the person's
status in society.
It is said in the Qur'an: "O you who believe, do not enter
houses other than your own until you ask permission
and greet the owners." This is better for you. Maybe
you can get a reminder. Now if you do not find anyone
in those (houses), then do not enter them until you are
given permission! If you are told to "go back" (ie not
allowed to enter), go back! This is the purest (way) for
you. Allah knows what you do." (Surah Nur, verses 27-
28).
3. According to Sharia, no one can enter someone's
house without his permission. According to Islamic
jurists, no society can be considered enlightened
unless respect for human life, dignity and property is
considered sacred and inviolable. The existence of a
fair approach to the rights of humans and other
creatures in Islam is also confirmed by the following
verse of the Qur'an:
"I swear that We sent Our Messengers with clear signs
and miracles, and We sent down with them the Book
and a standard for people to establish justice. And We
created iron. It has strength and benefits for people.
God (created iron) in order to know those who will help
Him and His Messengers (by fighting in the cause of
God) while standing in the unseen (not visible to His
servants). Indeed, Allah is strong and powerful. (Surah
Hadid, verse 25).
Islamic law, which is our centuries-old historical and
legal heritage, has many traditions that should be
studied in depth and used in the experience of world
democracy.
By developing ideas about human rights and Islamic
international law in Islam, the following conclusions
can be reached:
1. The subject of human rights is an integral part of the
theory of rights studied in Islam since ancient times. An
interest established by the owner of Sharia by being
specific to one person and not being transferred to
another person is called "right". In essence, a right is a
set of personal rights that belong to the person acting
in the national legal system of our country, cannot be
alienated from him, and cannot be transferred to
another person (right to life, rights to honor, dignity,
privacy, copyright, etc.) .) can be said to be almost
similar. But the content of rights is relatively broad and
diverse.
2. The gradual change of the status of the individual in
the early stages of the development of Islam, including
in the Arab countries, and the rise of the legal status of
the individual in the Arab countries after the
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achievement of independence reflect the general laws
in the development of legal systems, as in all the
Muslim countries of the East.
3. The status of a person in Arab countries is also
influenced by international documents on human
rights. This influence is manifested in the efforts of the
Arab countries to unify and bring together the laws of
their countries through the development of human
rights documents within
the framework of
international organizations. Some of these documents
(for example, the Arab Declaration of Human Rights)
have a secular character, while others (the Islamic
Declaration of Human Rights, the draft of the Islamic
Constitution) have been given an Islamic form.
4. There is an attempt to prove that the view that
"Islamic jurisprudence is hardened in its belief that it
does not accept human rights as its component" is
unfounded. It is not correct to consider the norms of
Islamic jurisprudence within its historical conditions
(for example, the acceptance of slavery, some
restrictions in the field of women's rights) as
completely immutable norms. Society develops,
develops and expands. If Islamic jurisprudence is
accepted as an aqeedah, then we will lose the rich
spiritual heritage of scholars such as al-Bukhari, at-
Tirmidhi, al-Marginani on fiqh-jurisprudence science.
This would be an illogical conclusion.
5. We are witnessing that Islamic law has not lost its
importance today and continues to develop, and we
can cite many examples in this regard. At the same
time, scientists in the field of theology and
jurisprudence are presented with new problems of
that time. Some of these problems are related to the
specifics of prayer and interaction in new conditions,
such as prayer on an airplane, on a space station, and
the use of certain types of medications during fasting.
6. Based on clear sources, we can say that Imam
Sarakhsi is our compatriot and the founder of
international law. Uzbekistan is a country based on
international law. Sarakhsi's legacy is the beginning of
international law doctrine not only in Central Asia,
Muslim countries, but also in the countries of the
whole world.
7. Another part of the issues in the new issues is related
to economic relations, in particular, with the
peculiarities of Islamic insurance, leasing and
mortgages. In addition to them, theologians also pay
attention to the concepts of cloning, euthanasia and
many others. There are a number of fatwas concerning
quarantine measures related to the COVID-19 virus. To
solve these problems, governments, public and
scientific organizations of Muslim countries apply new
methods of work, take the initiative to hold round
tables, conferences, and actively participate in various
religious councils. We believe that it is appropriate in
our country to pay attention to these problems and
bring them to the general public.
8. As part of this process, time demands to bring the
education system and issues of Islamic religion and law
in line with the times, to create research centers and
try to re-evaluate the Islamic legal heritage.
Conferences and Weeks of Islamic Law devoted to
modern problems of Islamic law are held. In recent
years, Uzbek lawyers have been taking an increasingly
active part in these processes, increasing their
contribution to making religious decisions in
accordance with the needs of the time.
We would like to conclude this topic with the following
thoughts of Imam Sarakhsi, the founder of Islamic
international law: "After faith in Allah, the most
powerful duty is to seek knowledge. Because
Muhammad
(PBUH)
commanded:
"Seeking
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knowledge is a duty for every Muslim man and
woman."
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Imam al-Bukhari's "Al-Jami' as-sahih" T. 2019. -B.
346.
2.
Resolution adopted by the General Assembly on 12
December 2018. 73/128. Enlightenment and
religious
tolerance:
https://undocs.org/en/A/RES/73/128.
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Muhammad
Yusuf.
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of
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–
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https://yuz.uz/news/saraxsiy--xalqaro-huquq-
asoschisihttps://yuz.uz/news/saraxsiy--xalqaro-
huquq-asoschisi
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International
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Yu.M.Kolosov, E.S.Krivchikova. - M. 2000. - S. 516.
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G.Yuldasheva A. Rakhmanov Islamic Law Textbook
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There
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Sheikh M. Sadiq Muhammad Yusuf. Translation of
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Rakhmanov, H. Yunusov, M. Karatash. Islamic law.
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