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La Trobe University Library. Borchardt Library, Melbourne Bundoora Campus. Monash University Library. Moore Theological College Library. University of Sydney Library. St Teresa's Library. Lending restrictions apply Book English Show 0 more libraries None of your libraries hold this item. Found at these bookshops Searching - please wait We were unable to find this edition in any bookshop we are able to search. These online bookshops told us they have this item:. However, these values would be re-ordered in importance and placed in the context of strict monotheism.
According to S. Nigosian, Professor of religious studies at the University of Toronto , these resemble the Ten Commandments in the Bible and "represents the fullest statement of the code of behavior every Muslim must follow". Many reforms in human rights took place under Islam between and , including the period of Muhammad 's mission and the rule of the four immediate successors who established the Rashidun Caliphate. Historians generally agree that Muhammad preached against what he saw as the social evils of his day,  and that Islamic social reforms in areas such as social security , family structure, slavery , and the rights of women and ethnic minorities improved on what was present in existing Arab society at the time.
It constituted a formal agreement between Muhammad and all of the significant tribes and families of Yathrib later known as Medina , including Muslims , Jews , and pagans. To this effect it instituted a number of rights and responsibilities for the Muslim, Jewish and pagan communities of Medina bringing them within the fold of one community-the Ummah. Muhammad made it the responsibility of the Islamic government to provide food and clothing, on a reasonable basis, to captives , regardless of their religion.
If the prisoners were in the custody of a person, then the responsibility was on the individual. The position of the Arabian slave was "enormously improved": the Arabian slave "was now no longer merely a chattel but was also a human being with a certain religious and hence a social status and with certain quasi-legal rights. Esposito states that reforms in women's rights affected marriage, divorce, and inheritance. Watt explains: "At the time Islam began, the conditions of women were terrible - they had no right to own property , were supposed to be the property of the man, and if the man died everything went to his sons.
Sociologist Robert Bellah Beyond belief argues that Islam in its seventh-century origins was, for its time and place, "remarkably modern Dale Eickelman writes that Bellah suggests "the early Islamic community placed a particular value on individuals, as opposed to collective or group responsibility. Perhaps due to resource scarcity in most Islamic nations, there was an emphasis on limited and some claim also sustainable use of natural capital , i. Traditions of haram site and hima , an Arabic term meaning "protected place", and early urban planning were expressions of strong social obligations to stay within carrying capacity and to preserve the natural environment as an obligation of khalifa or "stewardship".
After Muslims established themselves in Madinah , Muhammad surveyed the natural resources in the region—the wadis riverbeds ; the rich, black volcanic soil; the high rangelands—and decreed that they be preserved and set aside as a hima. Hadiths on agriculture and environmental philosophy were compiled in the "Book of Agriculture" of the Sahih Bukhari , which included the following saying: . There is none amongst the believers who plants a tree, or sows a seed, and then a bird, or a person, or an animal eats thereof, but it is regarded as having given a charitable gift [for which there is great recompense].
Several such statements concerning the environment are also found in the Qur'an, such as the following: . And there is no animal in the earth nor bird that flies with its two wings, but that they are communities like yourselves. Their works covered a number of subjects related to pollution such as air pollution, water pollution , soil contamination , municipal solid waste mishandling, and environmental impact assessments of certain localities. Many medieval Muslim thinkers pursued humanistic and rational approaches in discourses regarding values. In the early Islamic Caliphate , the head of state, the Caliph, had a position based on the notion of a successor to Muhammad's political authority, who, according to Sunnis, were ideally elected by the people or their representatives.
Fred Donner , in his book The Early Islamic Conquests , argues that the standard Arabian practice during the early Caliphates was for the prominent men of a kinship group, or tribe, to gather after a leader's death and elect a leader from amongst themselves, although there was no specified procedure for this shura , or consultative assembly. Candidates were usually from the same lineage as the deceased leader, but they were not necessarily his sons.
Capable men who would lead well were preferred over an ineffectual direct heir, as there was no basis in the majority Sunni view that the head of state or governor should be chosen based on lineage alone. Al-Mawardi has written that the caliph should be Qurayshi. Abu Bakr Al-Baqillani has said that the leader of the Muslims simply should be from the majority. Traditional Sunni Islamic lawyers agree that shura , loosely translated as 'consultation of the people', is a function of the caliphate. The Majlis ash-Shura advise the caliph.
The importance of this is premised by the following verses of the Qur'an: [ original research? Then when you have taken a decision from them , put your trust in Allah" [ ].
The majlis is also the means to elect a new caliph. Al-Mawardi has written that members of the majlis should satisfy three conditions: they must be just, they must have enough knowledge to distinguish a good caliph from a bad one, and must have sufficient wisdom and judgment to select the best caliph. Al-Mawardi also said in emergencies when there is no caliphate and no majlis, the people themselves should create a majlis, select a list of candidates for caliph, then the majlis should select from the list of candidates.
In an analysis of the shura chapter of the Qur'an, Qutb argued Islam requires only that the ruler consult with at least some of the ruled usually the elite , within the general context of God-made laws that the ruler must execute. Taqiuddin al-Nabhani, writes that Shura is important and part of "the ruling structure" of the Islamic caliphate, "but not one of its pillars," and may be neglected without the Caliphate's rule becoming unIslamic.
Non-Muslims may serve in the majlis, though they may not vote or serve as an official. Islamic legal framework included religious pluralism. Classical Sharia , the religious laws and courts of Christians , Jews and Hindus , were usually accommodated within the Islamic legal framework, as seen in the early Caliphate, Al-Andalus , Indian subcontinent , and the Ottoman Millet system. In a notable example, Zoroastrian practice of incestuous "self-marriage" where a man could marry his mother, sister or daughter, was to be tolerated according to Ibn Qayyim — He based his opinion on the precedent that the prophet Muhammad, who did not forbid such self-marriages among Zoroastrians despite coming in contact with them and having knowledge of their practices.
Citizens of the Rashidun Caliphate were also free to criticize the Rashidun Caliphs, as the rule of law was binding on the head of state just as much as it was for the citizens. In a notable incident, when Umar tried to investigate a disturbance, by entering a home without permission, he was criticized for his behavior; he was also later criticized for the judgement he gave in that case.
lisnelun.tk Similar situations also occurred during the time of Caliph Ali. For example, there was an occasion when he was giving a sermon and a Kharijite rudely interrupted him with insulting language. Though he was urged to punish the interrupter, Ali declined on the grounds that his "right to freedom of speech must not be imperilled. Imad-ad-Dean Ahmad quotes a letter by a cousin of Caliph al-Ma'mun , in which he gives permission to a Christian he was attempting to convert to speak his mind freely, as evidence that in Islam even religious controversies were not exempt from open discussion.
According to George Makdisi and Hugh Goddard, "the idea of academic freedom " in universities was "modelled on Islamic custom" as practiced in the medieval Madrasah system from the 9th century. The Caliph advises his governor on dealings with the poor masses thus:.
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Out of your hours of work, fix a time for the complainants and for those who want to approach you with their grievances. During this time you should do no other work but hear them and pay attention to their complaints and grievances. For this purpose you must arrange public audience for them during this audience, for the sake of Allah, treat them with kindness, courtesy and respect.
Do not let your army and police be in the audience hall at such times so that those who have grievances against your regime may speak to you freely, unreservedly and without fear. Nahjul Balaagha letter In the field of human rights, early Islamic jurists introduced a number of advanced legal concepts which anticipated similar modern concepts in the field.
These included the notions of the charitable trust and the trusteeship of property; the notion of brotherhood and social solidarity ; the notions of human dignity and the dignity of labour ; the notion of an ideal law; the condemnation of anti-social behavior ; the presumption of innocence ; the notion of "bidding unto good" assistance to those in distress ; and the notions of sharing , caring , universalism , fair industrial relations , fair contract, commercial integrity , freedom from usury , women's rights , privacy , abuse of rights, juristic personality , individual freedom , equality before the law , legal representation , non- retroactivity , supremacy of the law, judicial independence , judicial impartiality , limited sovereignty , tolerance , and democratic participation.
Many of these concepts were adopted in medieval Europe through contacts with Islamic Spain and the Emirate of Sicily , and through the Crusades and the Latin translations of the 12th century. The concept of inalienable rights was found in early Islamic law and jurisprudence, which denied a ruler "the right to take away from his subjects certain rights which inhere in his or her person as a human being. Early Islamic law recognized two sets of human rights. In addition to the category of civil and political rights covered in the Universal Declaration of Human Rights , Islamic law also recognized an additional category: social , economic and cultural rights.
This latter category was not recognized in the Western legal tradition until the International Covenant on Economic, Social and Cultural Rights in As for sexism, the common law long denied married women any property rights or indeed legal personality apart from their husbands. When the British applied their law to Muslims in place of Shariah, as they did in some colonies, the result was to strip married women of the property that Islamic law had always granted them — hardly progress toward equality of the sexes.
Islamic law was secular, not canonical Thus, it was a system focused on ensuring that an individual received justice, not that one be a good person. Arthur Kleinman.
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