Study concept and historicity
Introduction.
Human rights issues became a center of universal human concern, since the mid-twentieth century. Until now, he remains the actual issues in a variety of social events, politics and economics, at the national and international levels. Muslims around the world, as an integral part of the international community, has a truly attention to this global issue. As a group of people who have inherited a very rich tradition of civilization, the Muslims never still respond to any issues that develop in any age. Islam, as we all know, is a dynamic teaching. He always encouraged the people to find new things for the betterment of mankind. Throughout its existence, Islam has built a great civilization that has contributed greatly locate the bad in the history of human civilization up to our time. Similarly, contributions in order to acknowledge and respect for human dignity. Not exaggerating when we say Islam is a religion of humanity (religion of humanity).
When we step to understand Islam in a human rights perspective, we always will be faced with an academic question: whether Islam does give instruction in this field? In general, we certainly can answer that Islam is a religion of a comprehensive, because the Qur'an which is a set of divine revelation given to Prophet Muhammad is a book that serves "gives petujuk and explanation on the instructions of the (al-bayan) and differentiator" between truth and error (al-Furqan).
Islamic teachings conveyed by the Prophet Muhammad covering all aspects of human life, although for certain fields he just gave general formulas can always think about, ponder and formulated to meet the challenges of changing times. In addition, the pattern of Islamic teachings that rationality always encouraged the people to think creatively, building on the source of Islamic teachings, namely al-Quran and al-Hadith, will always encouraged the people to find new ideas and new conceptions to answer the challenges of the times. The Qur'an itself says "who is trying in earnest in the way of us, then we will menunjukinya the streets of Us".
Human rights issues are closely linked with a conception of philosophical schools of thought about human beings. Metaphysical view of human difference gives rise to differences in the human conception of personal and social lives of humans. Despite these metaphysical differences have been started since thousands of years ago, but the problem was not fully be answered satisfactorily. Humans still a great mystery of all existence. Until now, ironically, that man was not yet have a complete understanding and konfrehensif about him. Islamic teachings also provides fundamental understanding of human beings and their human rights, which until now a source that never dry in discussing human rights both from the standpoint of philosophy or science.
As an empirical study for descriptive or evaluative purposes though, the discourse on Islam and Human Rights to find relevance. However limited access to empirical reality, this paper limits itself to the discourse of Islam and Human Rights in Islam which interpreted as a doctrine. Thus, the analysis in this discourse is more philosophic, deductive, and comparative.
Human Rights: Meaning and historicity.
From comparing several definitions of rights, it can be interpreted as the value of a person wants to protect himself, so he can maintain and improve their lives and develop his personality. That right mengimplisitkan obligation, because in general when one speaks of the rights he has demands that must be met other parties. In the association community, it is impossible to talk about rights without directly linking it with the obligation of another person or party.
From a number of human rights violations that are being assessed. Rights contained in the word meaning that subjects who have such a right is a whole human being, without distinction of status, ethnicity, customs, religion, race, or color of skin, even without knowing the relativity of relevance according to time and place. Thus, human rights must be such an important, fundamental, recognized by all civilizations, and absolute fulfillment.
Awareness of human rights in Western civilization arose in the 17th century and to 18 AD as a reaction against the absolute kings of the feudal lords against the people they command, or they hire people. As can be seen in history, human society in ancient times consisted of two major layers: the top layer, minority, which has rights; and the bottom layer, which had no rights but only have obligations, so they are treated summarily arbitrarily by the top layer. That realization sparked efforts declaration formulation and human rights, according to historical records of human rights evolved through several stages. This can especially be seen in the history of administration in England and France. Namely marked its with the success of the British people acquire certain rights from the king and the British government as outlined in the various charters like: Petition Of Rights 1628, Habeas Corpus Act of 1679 and Bill Of Rights in 1689 and the issuance of the Declaration des D du Citoyen in 1789 in France. In addition to the above two countries, Bill Of Rights also occur in the state of Virginia in 1776, the declaration of independence 13 State of the United States in 1789.
After the end of World War I and II established the United Nations and international human rights issued a statement: the Universal Declaration of Human Rights on December 10, 1948, and followed with the Covenant on Civil and Political Rights and the 1966 Covenant on Economic, Social and Culture Rights in 1966 and the Optional he Protocol to Covenant on Civil and Political Rights in 1966. The fourth, international human rights documents are often referred to as The International Bill Of Human Rights.
These documents are normative international human rights instruments must be respected and obeyed by every UN member state. Even in the Covenant on Civil and Political Rights which contained several human rights can not be applied in excepted as although in exceptional circumstances.
At condition any rights that are considered the essence of human rights must be respected.
The recognition and protection of personal positions in instruments of human rights shows the lack of progress in the values and norms that underlie the relationship between countries. Once more a human rights affairs in the country each country had shifted to the value and international relations, which is evidenced by the approval of all countries, at least, the UN member states against the declarations, conventions and international human rights Covenant.
The recognition and protection of personal positions in instruments of human rights shows the lack of progress in the values and norms that underlie the relationship between countries. Once more a human rights affairs in the country each country had shifted to the value and international relations, which is evidenced by the approval of all countries, at least, the UN member states against the declarations, conventions and international human rights Covenant.
The UN Declaration can be classified
1. Ploitik civil rights and the rights, equality rights / freedom from birth (Article 1), the right to life (article 3), the right to obtain justice before the law (art. 6-8), right to humane treatment (not arbitrary) the completion of social order (article 5, and 9-11), the right to freedom of movement, seeking asylum in another country, and establish a nationality (Article 13-15), the right to marry and start a family (article 16), the right to be free thought, conscience and religion (art. 18-19), and the right to assembly and association (art. 20-21).
2. Economics and social rights (Articles 22-28), among others: the right to work and obtain a decent wage, the right to rest and be creative, the right to periodic holidays with a (fixed) to earn wages, the right to enjoy adequate standard of living, including housing and medical services, the right to obtain social security, right to education, and the right to participate in cultural activities.
3. And collective rights include the right of all peoples to self-determination, the right of all races and ethnicities to be free from all forms of discrimination, the right of people to be free from neo-colonialism (chapters 28-30).
Human rights of the above, although the UN declaration where the entire nation from various corners of the world are involved, but admittedly comes from the fruit of thought and the children of Western civilization.
Arrangement of human rights in Indonesia can be seen from the various laws and regulations, particularly in the opening and torso Act of 1945 and other legislation outside of the 1945 Constitution, such as human rights-related litigation in the Law no. 14 of 1970 concerning the provisions of Basic Law and the Judicial Power. 8 of 1981 on Criminal Procedure, and so on. While the conception of human rights can be seen in the Indonesian People's Consultative Assembly decree No.. II/MPR/1998 on Broad Outlines of State Policy (GBHN) and listed in the Field of Construction Law which states that: "Human Rights as the grace of God Almighty is the basic rights that are bestowed by God on human beings and include: the right to decent living, the right religion and worship according to their religion, the right to family and procreation through marriage are legitimate, right to develop themselves, including getting an education, the right to seek, private property rights, right to legal certainty and equality in law, justice and security, the right of expression, association and assembly. "
Historical background of some formulation and declaration human rights (ie: the protection of individual freedom in front of the rule of kings, feudal lords or the state or to be centralization Domina), and awareness about the ontological structure of the UN declaration, as well as the historical consciousness of the civilizations that gave it birth, it can be identified major characteristics of human rights. Western perspective in view of human rights can be said to be anthropocentric, with the understanding that humans are viewed as the measure of all things because he is the center or ttitik decline of all thoughts and deeds. Products from the perspective of this antrhoposentris is none other than the autonomous individual.
Islam and Human Rights
Islamic worldview on human rights are not terelepas of outlook on the status and function of humans. Humans are creatures of God are honorable (Surah Al-Israa '/ 17: 70), (QS Al-Hijr/15 :28-29) and functional (Surat al-An'am / 6: 165) and (Surat al-Ahzab / 33: 72). Of an ideal existence, humans are drawn to the ideal of life, human life drawn on a real (empirical reality) so he can be praised as being functional. In this connection, he referred to the caliph, in mandatory terms, which are authorized, and not as a ruler. In the mandatory status of the honorable and function, humans only have obligations to God (therefore, God alone who has the rights) to comply with its laws. All of those obligations are carried mandate (QS Al-Ahzab/33: 72), as the realization of his covenant with God at the beginning of its creation (Surat At-Tawbah / 9: 111).
Although humans have obligations to its creator, but these obligations, in turn, lead to any rights with respect to relationships among humans. Liabilities to believe (Oneness of Allah), for example, when implemented correctly, will lead to awareness of the rights pertaining to the relationship among humans, such as equalization rights, rights of freedom and justice. A human being recognizes the rights of other human beings because it is the obligation imposed to him in order to obey God. Therefore, Islam regards human rights with a different view from the West, is not anthropocentric, but are theocentric (consciously to God as the center of life). Tribute to human rights human being, thus, is a quality form of religious consciousness is consciousness of God as the center of life. Below we try to explain the basic concepts of human rights in Islam is derived from al-Quran and al-Hadith.
View of the Qur'an.
Human rights guaranteed by Islam as set out in the Qur'an as a source of Islamic teachings and the basis for humans. Basic human rights contained in the Koran consists of:
a) The right to life safety. In Islam a person highly respected soul and its existence must be maintained (hifd al-nafs), as represented God's word in s al-Qur'an verse (Surat al-Isra '/ 15: 33) that is allowed to kill people just because there are right reasons, for example qishas for persons convicted of killing another person intentionally.
b) Security of property rights (al-Baqarah / 2: 181).
c) Security and the sanctity of private life (QS An-nur/24: 27)
d) The right to obtain legal justice (Q.S.:)
e) The right to refuse kezhaliman (an-Nisa '/ 4: 148)
f) The right to perform al-Amr bi al-ma'ruf wa al-nahyu 'an al-evil, in which also includes the rights of freedom of criticism (al-A'raf / 7: 165 and Sura Al-Baqara / 2: 110).
g) Freedom to assemble for the sake of goodness and truth. Freedom of assembly is related to human rights in letter (f), which aim to uphold the ma'ruf and prevent the evil.
h) Right to security of religious oppression. There are so many verses of the Koran that prohibits coercion, fighting each other because of religious differences, one of which is (EMQ / 3: 100).
i) The right to not accept any action without any crime. In other words one should be considered innocent, if he has not proved a crime.
j) The right to obtain equal treatment from the state and no one's preferred over others (QS Al-Qashash/28: 4).
c) Security and the sanctity of private life (QS An-nur/24: 27)
d) The right to obtain legal justice (Q.S.:)
e) The right to refuse kezhaliman (an-Nisa '/ 4: 148)
f) The right to perform al-Amr bi al-ma'ruf wa al-nahyu 'an al-evil, in which also includes the rights of freedom of criticism (al-A'raf / 7: 165 and Sura Al-Baqara / 2: 110).
g) Freedom to assemble for the sake of goodness and truth. Freedom of assembly is related to human rights in letter (f), which aim to uphold the ma'ruf and prevent the evil.
h) Right to security of religious oppression. There are so many verses of the Koran that prohibits coercion, fighting each other because of religious differences, one of which is (EMQ / 3: 100).
i) The right to not accept any action without any crime. In other words one should be considered innocent, if he has not proved a crime.
j) The right to obtain equal treatment from the state and no one's preferred over others (QS Al-Qashash/28: 4).
Implementation of Human Rights in Islam.
Islamic teachings on human rights above has been actualized in the life bermasayarakat at the time of Prophet Muhammad and the first four caliphs (the first four caliphs) as implied in some of the Sunnah and the traditions of the following best friends.
1. Tips Prophet Muhammad to a woman who came to consult him at the instigation of Osama:
"From Urwa, from 'Aisha said that Osama one day advise a woman to come to the Prophet. The Prophet said,' how many nations before you were destroyed because they were sentenced to the lower social classes, but not to punish members of the upper classes (the when they commit a crime). For God's sake that his hand is my life, if my daughter Fatima did, of course I cut off his hands'. "
2. Approval of the Prophet Muhammad told his companions:
"In the event of war of Badr, the Prophet chose a special place is considered appropriate to attack the enemy. One of his companions, Hubab bin Mandhar, asked the Prophet, if that caused selecting that particular spot because it comes from God's revelation. He replied no. With that Hubab bin Mandhar then propose an alternative place to deliver an attack against the enemy, because according to his opinion, the place was strategically better place. The Prophet agreed ".
3. Testament Prophet with Christian groups Najran
"From the Prophet Muhammad to Abu Harith, of Najran bishops, priests, monks, people who live in their churches and their slaves; quasi will be under the protection of Allah and his prophet, no bishop who dismissed of his diocese, there is no monk from his monastery to be dismissed and no priest to be dismissed from his post, and will not change in the rights they have enjoyed for a long time.
4. Caliph Abu Bakr message when sending the first expedition to the country Sham:
"Be ye be fair. Do not break the belief that you swore. Do not cut seseorangpun. Do not kill children, men and women. Or burn palm trees, and do not cut trees that produce fruit. Do not kill the sheep, cattle or camels except for just eaten. Maybe once you will meet people who have withdrawn into the monasteries, then let them and their activities in a state of peace. "
5. The principles of human rights enshrined in the Charter of the Prophet (Book of an-Nabi),
Which by some state constitutional law experts considered the first written constitution in the world of historical documents about the ground rules penyelenggraan Medina as a community under the leadership of Prophet Muhammad . When migrated to Yathrib which later became Medina, the town's population is not homogeneous. At least there is a group of Muslims, which consists of two parts, namely the Emigrants and the Ansar, a group of Jewish religious and Arab communities who embrace Paganism.
On arrival in Yathrib, the Prophet immediately called facts deal with community groups who hetrogen was to unite them into a new community, called the Medina. Now after some serjana conduct a thorough study of this text, they easily systematics this charter into 10 Chapters and 47 Articles, in which formulas contain important about human rights.
The most important assertion contained in the Charter of Medina which is recognition of the plurality of society, which in the rights and obligations are the same regardless of the origin of religion. Each community group has autonomy in, but do not have the authority to engage outside should be done in the name of Medina under the leadership of the Prophet as a unified community. Prophet Muhammad was appointed as the leader of this community, but he does not become an autocratic because the law of God above everything and that every decision made by the principle of consultation. Due to an extremely diverse society, then in the Medina community law enacted various subsystems. In a sense the Muslims subject to Islamic law, while the Jews are subject to the law and subject to the laws of pagan customs.
The freedom to practice religion by itself guaranteed in the Charter of Medina text. This is because, in principle, Islam asserts that religious beliefs can not be enforced against a person, although the propaganda must be run. Property rights, privacy rights, the right to secure the safety of individuals and groups are all guaranteed in the Charter, as well as the right to participate in the defense community, if attacked by a group outside it. Thus, organizer participation in economic life, social and political is open to everyone.
Although the documents are handed down by Islam still exists and is maintained by millions of people around the world, but still there is the assumption that human rights, is considered as if something alien civilization from the treasury of the Muslims. Such presumption should we regret, given the academic and intellectual references in many Eastern societies today still refer to the Western world. So, no wonder if there is criticism of intellectuals in Asia and Africa, where they were accused as "Westerners in the East". However, developments in the Islamic community today has given new hope to inherit the tradition of the history of human civilization in an honest and balanced. Such assessment is certainly not meant merely satisfy the intellectual thirst of scholars, because the next step is how to absorb and implement the values of Islamic teachings into the life of mankind in Playing the challenges of the times.
Over time various dynamics and dialectics affect fundamental concepts of human rights, especially in the assessment of the application of human rights in a nation. Assessment of the implementation of human rights in a country, should be done in a fair and proportionate and based on good faith, with the awareness that this problem is a very important struggle of humanity. But, is dishonest and unfair, if it makes the issue of human rights as a tool to make political press towards developing countries and new country, especially in Asia and Africa, for its own sake, let alone carried out with double standards. Even worse, if the issue of human rights serve as a "propaganda offensive" to attack and discredit a nation with a hide and cover up their mistakes so that they are not attacked first.
Most of the Muslims feel the result of applying double standards in the field of human rights, since the occurrence of an event known as the terrorist attacks on the World Trade Center in New York on September 11, 2001. We can understand the assertion of various parties that the war against terrorism is not addressed to Muslims, because terrorism can be done by the followers of any religion on this earth. But the negative access to the war against terrorism that the United States has now designed more felt by the Muslims compared to other faiths. As a result, not infrequently their human rights ignored, even violated arbitrarily. Various forms of the attitude of prejudice, racism, xenophobia and Islamophobia now seemed to appear again in politics among nations. This phenomenon occurs in the middle is very ironic that precisely at the beginning of the century gave birth to a lot of hope and respect for human rights. The dominance of mass media are often used to build a bad perception of Muslims who are powerless to do deprecation and klarisifikasi over the news like that.
For us Muslims Indonesia, is a duty and our obligation to demonstrate to the world, that Islam is a religion of peace and love that respects human rights, however now we face the bitter realities of smothering. We are obliged to realize what was affirmed by the Qur'an that "you guys are the best to the people (khairah umma) that we highlight to all mankind because you always invite people to the good and forbidding the collar and you believe in Allah '(Surah Ali Imran: 110). The struggle was not easy collar, long and tortuous. But the Muslims still can not face the reality of despair. At the beginning of this new year, there is still in little hope to build a better future.
The cover.
Rights can be interpreted as a value a person wants to protect himself, so he can he maintain and improve their lives and develop his personality. When given a fundamental particle, it is so important, fundamental, recognized by all civilizations, and absolute fulfillment.
After going through a long process, awareness of global human rights since December 10, 1948 with the adoption by the UN Declaration on Human Rights. The UN Declaration, also the previous declarations, designed to protect individual freedom in front of the royal power, feudal lords, or countries that tend to dominate and decentralized. Therefore, these declarations, which nota bene child of Western civilization, to see human rights in anthropocentric perspective.
Human rights gain ground in Islam through the teachings of the most major, namely Tawheed (Oneness of God). Therefore, human rights in Islam is viewed in perspective theocentric. However, the doctrine of monotheism implies the necessity of the principle of equality, fraternity and justice between fellow human beings, and the principle of human freedom. That principle has become the foundation for the formation of the early Muslim civilization, thus placing the Islamic world several centuries before the west. Wallu a'lam bi al-shawab.
Notes;
[2] M.Timur.1987. A Dialogue on Islam and Human Rights Manusia.hal 20.
[3] Sri Sumantri M, Reflections on Human Rights in Indonesia, p. 1-4
[4] Altaf Gauhar, Op. Cit. it. 16
[5] Sheikh Syukat Hussain.1996. Mausia rights in Islam. Abdul Rahim CN Translation, London: Insani Press. It. 59
[6] Huzni Thoyyar. "Polemics Rights human being, How Conceptions of Islam?", Voice Hidayatullah, X, February, 1998. it. 72
[7] Al-Bukhari, Sahih al-Bukhari, Juz 15. Book of Hudud (Beirut: Dar Fikri)
[8] Altaf Gauhar, ed. 1978. The Challenge of Islam. London: Islamic Council of Europe in Santosos Fatah, Islam and Human Rights. Academic, 03, 1993.19.
[9] Ibid. , P.. 14.
[10] Ibid. , P.. 14.
[11] Izza Yusril Mahendra, Op. Cit. p.141
[12] Ibid. it. 145
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