Chapter 4 Step Towards Islamic Republic of Pakistan

Chapter 4 Step Towards Islamic Republic of Pakistan short question and long question notes.

Chapter 4 Step Towards Islamic Republic of Pakistan

Table of Contents

Short Questions/Answers

1) Define Muslim according to the 1973 constitution.

Answer:

The term “Muslim” was defined for the first time in the constitution of 1973. This definition was incorporated as a part of the oath of office to be administered to the President and the Prime Minister under the third schedule of the Constitution. Under this definition “a person who did not believe in the finality of Prophet Muhammad S.A.W, ceases to be a Muslim.” This point was further clarified by the constitutional amendment declaring Lahori and Qadiani sects of Mirzais as Non-Muslim minorities.

2) Give an account of the measures taken after 1977 for Islamization of the financial matters.

Answer:

The measures taken after 1977 for Islamization of the financial matters are:

Nizam-e-Zakat was introduced in the country on June 20, 1980. The government made itself the first contribution worth Rs 2.25 billion.
From 1 January 1981, banks and other financial institutions started a Programme of operating interest-free economy. The interest from certain categories of banking practices was eliminated as the first step.
The collection and distribution of ‘Usher’ started from the Rabi crops in 1983.

3) What steps were taken for Islamization of Judiciary and laws after 1977?

Answer:

The gradual process of Islamization of the judicial system and law started on 12 Rabi-ul-Awal 1399 AH (Feb 10, 1979) and the following steps were taken:

Islamic penalties were imposed on crimes like drinking, stealing, adultery, and false allegation of adultery.
A Federal Shariat Court was established at the Federal level, its status was equal to that of the High Courts. Ulama and the experts of Islamic jurisprudence were appointed as a judge at this Court.
Un-Islamic practices in the court procedures were abolished.
The successful implementation of the Islamic law cannot be made possible without the help of experts trained. For this purpose, a Shari’ah faculty and an Islamic University was established in Islamabad. Qazi classes were started in the institutions of religious learning.
The Objective Resolution was made a justiciable part of the Constitution.

4) Compare and contrast Khutba Hajjat-ul-Wida’ and the UN Declaration of Human Rights.

Answer:

The United Nations Declaration of Human Rights is an excellent and comprehensive document on human rights, which should be followed by every noble and civilized human being while Khutba-Hajjatul-Wida is one of the most important Sermons of Prophet S.A.W on the subject of human rights. The Prophet of Allah, Hazrat Muhammad S.A.W, set forth the lessons very clearly nearly 1300 years ago that humanity learned after centuries of devastation and war, and which are now the declarations of the UN Charter.

Another comparison is that the UN Declaration of Human Rights is simply a statement of human aspirations. A moral, legal or executive authority to make its observance imperative does not support it. Moreover, the UN has no power to enforce it. Contrary to this, the Hujjat-ul-Wida’ Sermon of the Prophet S.A.W not only sets forth the details of the fundamental human rights but also provides a mechanism to make their implementation possible. All Islamic States are duty-bound to implement these rights and all the Muslims are individually answerable to Allah in respect to them.

5) Give two important characteristics of rights.

Answer:

The basic characteristics of rights are:

Rights are the basic conditions of civilized life.
Rights are uniform in nature. This implies that all citizens have equal rights.

Long Question/ Answers

1) Write a note on the Objectives Resolution.

Answer:

The subcontinent India was divided in 1947, Therefore, the Government of Pakistan adopted the Government of India Act 1935 with necessary amendments as the interim constitution for the newly established state. However, this was just a temporary arrangement and a permanent constitution was urgently required. Quaid-e-Azam repeated again and again that the future constitution of Pakistan should be framed on the basis of the principles laid down in the Holy Quran and Sunnah. Therefore, a Constituent Assembly was established to frame a new constitution and eminent Ulama joined hands to motivate public opinion in favour of an Islamic constitution, which gathered the people around them in great numbers. This campaign soon developed into a massive popular movement. Thus, under these circumstances, the Constituent Assembly adopted the famous “Objective Resolution on 12 March 1949. This resolution was passed in the Assembly by the first Prime Minister, Liaquat Ali Khan.

Features of the Objectives Resolution:

The main principles of this Resolution were:

1. Sovereignty of Allah:

The Objectives Resolution stated that sovereignty only belongs to Allah Almighty.

2. Democracy:

The power to rule the state has been delegated by Allah to the people of Pakistan. It is a sacred trust and the people should exercise their authority strictly in accordance with divine injunctions. In addition, the power of the state should be exercised through the chosen representatives of the people.

3. Islamic Conduct of State:

Islamic principles of democracy, freedom, tolerance and social justice shall be promoted.

4. Promotion of Islamic Way of Life:

Facilities will be provided to the Muslims in order to enable them to model their lives in accordance with the teachings of the Quran and Sunnah, i.e. the model set by Prophet Muhammad S.A.W.

5. Safeguard of Minorities’ Rights:

The non-Muslims will be guaranteed all the fundamental human rights, particularly the rights of their religious and cultural development.

6. Independence of Judiciary:

The judiciary in accordance with the Islamic Principles shall be made totally independent of the executive and the legislative organs of the government.

7. Safeguard of Fundamental Human Rights:

All fundamental rights of citizens like freedom, equality, ownership of property, freedom of expression, faith, worship, and formation of associations shall be safeguarded and no citizen shall be denied any of these rights.

Significance and impacts of the Objective Resolution:

It was the first and initial problem for the Constituent Assembly to decide the character of Pakistan. The Objective Resolution achieved this demand very well.

It clearly stated that Pakistan shall be the Islamic Republic.
Under the Objective Resolution, the State of Pakistan for the first time officially proclaimed Islamic social order to be its ultimate objective. It also clearly stated that Islamic injunctions shall serve as guiding principles for constitution making.
The Objective Resolution exhibited national consensus and it was endorsed by the Ulama from all schools of thoughts.
The Resolution was made a part of the preamble in all the successive constitutions of Pakistan.

2) Give a detailed account of the Islamic provisions of the 1956 Constitution of Pakistan.

Answer:

Introduction:

The process of constitution making in Pakistan started with the passing of the Objective Resolution and after passing it out the Constitution Assembly set up a Basic Principle Committee for making the future constitution of Pakistan. It submitted its first report in September 1950 but could not approve. In April 1953, the third Prime Minister, Muhammad Ali Bogra presented a report which was based on Mediatory Formula (Muhammad Ali Formula). However, it could not be taken into consideration. Later, in October 1954, the Governor General dissolved the Assembly, which was challenged by the Speaker Maulvi Tamiz-ud-Din in the Federal Court. Therefore, the Second Constitution Assembly held the elections in June 1955 and passed the One Unit Act, which removed the greatest hurdle in the way of constitution making. Thus, the first constitution of Pakistan was finally passed in February 1956, which worked until October 8, 1958.

Islamic Provisions of the 1956 Constitution:

The Islamic features of the constitution of 1956 were:

1. The Sovereignty of Allah:

The Objective Resolution was incorporated in the preamble of the Constitution. It was stated that the sovereign authority of the Universe only belongs to Allah Almighty. Power to rule the state is a sacred trust entrusted to the people of Pakistan by Allah.

2. Islamic Republic:

It was for the first time that the country was proclaimed the Islamic Republic and given the name of the “Islamic Republic of Pakistan.”

3. Muslim Head of the State:

The National and two Provincial Assemblies elected the head of the state and under the constitution; only a Muslim could be elected as the President of the Islamic Republic of Pakistan.

4. Democracy, Justice, Liberty, Equality:

The preamble said that the Quaid-e-Azam envisioned Pakistan as a democratic state, which was based on the Islamic Principles of social justice, liberty, and equality. The state of Pakistan should enable its citizens to model their lives in accordance with the tenets of Islam.

5. Implementation of the Islamic Law:

Article 98 of the Constitution provides that no law should be enacted against to the spirit of Islam. A Commission would be established to bring all the existing laws in conformity with the Islamic mandate within five years.

6. Promotion of Islamic Values:

Directive Principles of State Policy declared that Muslims should live their lives in accordance with the guidance of the Holy Quran and Sunnah. The state should make arrangements to promote the Islamic values.

7. Relation with the Muslim Countries:

The guiding principles of State Policy laid great stress on the Improvement of Pakistan’s relations with the Muslim countries of the world.

Conclusion:

The constitution of 1956 is the first constitution of Pakistan after independence. It was the first constitution in which Pakistan was proclaimed officially as the Islamic Republic of Pakistan and the Islamic way of life was mandatory. Although, it was the first constitution of the newly created Pakistan but the constitution of 1956 failed due to the personal interest of the politicians.

3) Give an account of the Islamic provisions of the 1962 Constitution of Pakistan.

Answer:

The constitution of 1956 could not remain implemented for so long because it was exploited by politicians for their personal interests. Therefore, General Muhammad Ayub Khan proclaimed the Martial Law on October 8, 1958, in the country and abrogated the constitution. He appointed a Constitution Commission to prepare the draft of the constitution. The new constitution was promulgated on June 8, 1962, i.e. the date on which Martial law was lifted and civil Government was restored.

Islamic Provisions of the 1962 Constitution:

The Islamic Provisions of the 1962 Constitution were:

1. The sovereignty of Allah:

2. Islamic Republic:

The state was named “the Republic of Pakistan” but later it was changed as “The Islamic Republic of Pakistan.” This was done on public protest.

3. Muslim Head of the State:

Only a Muslim could be the President of the State. Since this was a presidential constitution, the office of the Prime Minister did not exist under the constitution.

4. Supremacy of Islamic Law:

Existing laws should be amended in the light of Islamic Principles. The principal of Lawmaking clause declared that no law would be enforced opposed to Islam.

5. Establishment of Islamic Society:

The state should try to provide the Muslims of Pakistan an environment congenial for Islamic way of life. The Muslims of Pakistan should be enabled to model their lives in accordance with the teachings of Islam. The society should avoid usury, prostitution, gambling, and drinking.

6. Safeguard of Islamic Institutions:

Islamic institutions of zakat, auqaf, and Masajid would be properly organized by the state and the real Islamic spirit and character of these institutions should be promoted and preserved.

7. The building of a progressive Welfare Society:

The Constitution made a vow to make Pakistan a progressive Welfare State.

8. Safeguard of minorities:

The Constitution provided that the minorities should be provided religious liberty according to the Islamic spirit of tolerance.

9. Establishment of the Islamic Research Institute:

The Islamic Research Institute was set up to find out the solution of problems in the light of Islam.

10. The Islamic Advisory Council:

In order to assist the president and the legislative assemblies in the process of making new laws in accordance with the Islamic tenets and for Islamization of the existing laws, the constitution provided for the establishment of the Islamic Advisory Council. The Council was to be constituted of eminent jurists, religious scholars, and academics.

4) Give an account of the Islamic provisions of 1973 Constitution of Pakistan.

Answer:

Zulfiqar Ali Bhutto became the President and Chief Martial Law Administrator in 1972. He started working on a democratic constitution for the country. The National Assembly formed a committee to draft a permanent constitution for the country on April 7, 1972. The Constitution Bill was first moved in the Assembly on February 2, 1973. The opposition parties boycott the Assembly session. After the long debates, the National Assembly adopted the Bill on 12 April 1973. Finally, the constitution was declared in the country on August 14, 1973.

Islamic provisions of the Constitution of 1973:

The Islamic provisions of the Constitution of 1973 were:

1. Sovereignty of Allah Almighty:

The Preamble of the Constitution was framed based on the Objective Resolution. The Preamble opens with “Bismillah-hir-Rahman-Nir-Raheem” and continues with these words:

“Whereas sovereignty over the entire universe belongs to Almighty Allah alone, and the authority to be exercised by the people of Pakistan within the limits prescribed by Him, is a sacred trust…”

The Objective Resolution did not form a justifiable part of the text of the Constitution. It pronounced just the moral responsibilities of Pakistan and not its legal obligations. It was not made clear that if the state fails to fulfill the obligation set out in the Objective Resolution, what legal remedies should be available to the people of Pakistan for seeking redress.

2. The Islamic Republic:

The state was named “Islamic Republic of Pakistan.”

3. State Religion:

For the first time in the constitutional history of Pakistan, Islam was clearly proclaimed the religion of the state. The constitutions of 1956 and 1962 were silent on this point.

4. Muslim Head of State and Government:

The earlier constitutions stated that only President must be a Muslim but according to the Constitutions of 1973, both the President and the Prime Minister must be Muslims professing true Islamic faith. While accepting office, they have to take an oath. The words of this oath have been described in the Constitution, according to which the person concerned must have faith in Tauheed, Risalat, the finality of the Prophethood, life after death and Quran and Sunnah.

5. Definition of the Muslim:

The term “Muslim” was defined for the first time in the constitution of 1973. This definition was incorporated as a part of the oath of office to be administered to the President and the Prime Minister under the third schedule of the Constitution. Under this definition, a person who did not believe in the finality of Prophet Muhammad S.A.W ceases to be a Muslim. This point was further clarified by the constitutional amendment declaring Lahori and Qadiani sects of Mirzais as Non-Muslim minorities.

6. Establishment of an Islamic Society:

The Preamble of the Constitution says that the people of Pakistan aspire to establish a system based on the Islamic Principles of democracy, tolerance, freedom, equality, and social justice. The Principles of Policy declared that steps would be taken to enable the people of Pakistan to order their lives in accordance with the Islamic injunctions.

7. Islamic Laws:

Article 227 of the Constitution added that all present laws should be brought in conformity with the tenets of Islam through amendments, and no law, repugnant to the spirit of Islam should be passed in future.

8. Dissemination of Islamic Education:

The new Constitution also promises that the Government would arrange for compulsory education of the Quran and Islamiat. This principle could not be enforced through the verdict of a court of law.

9. Publication of the Holy Quran:

In the Constitution of 1973, the Government of Pakistan has been held responsible for the publication of the Holy Quran, free from all errors and omissions.

10. Preservation of Islamic Institutions and Values:

Under the Principles of Policy, the state would be responsible for the proper organization of zakat, auqaf, and Masajid. The state would check the improvement of the working conditions of the labourers, and the elimination of vices like ignorance, usury, prostitution, and gambling.

11. Affirmation of the Pakistan Ideology:

The Prime Minister would be duty-bound to preserve the Islamic Ideology, which according to the constitution, forms the basis of the creation of Pakistan.

12. The Council of Islamic Ideology:

According to the Constitution of 1973, a Council of Islamic Ideology was to be set up for amending the laws in conformity with the Islamic principles. The Council should be constituted of the experts of Islamic Shari’ah and jurisprudence. In order to bring all laws, present and prospective, in conformity with Islam, the Council should provide guidelines and make recommendations to the legislative assemblies.

13. Solidarity with the Muslim World:

The principles of Policy envisaged that the state should establish friendly relations with the Muslim countries of the world based on Islamic fraternity.

Conclusion:

The constitution of 1973 was far better than those of the previous Constitutions. The 1973 constitution Emphasized to establish a real Islamic system in all aspects of social life. Keeping this objective in mind, more Islamic provisions were laid down in the Constitution of 1973. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam.

5) What happens if the balance between the rights and duties is not maintained? Discuss.

Answer:

Human rights are much more than well-meaning aspirations set to legal language. It is important for society to live human rights through its practices, behavior, and attitudes. The realization of human rights involves promoting human dignity and dignity is fostered fundamentally by the way one is treated by others. Rights and duties are organic to each other and cannot be separated. Failure to understand the inextricable link between rights and duties can bring the disaster to a society. This relationship has three different aspects:

i. Social Character:

Rights and duties are social in character and these are reciprocal. For example, A’s right to life imposes upon him a duty that he should protect other’s lives. If A does not fulfill his duty and takes somebody’s life; his own right to life is forfeited and he is sentenced to death. A social scientist has rightly remarked:

“It is futile to consider whether rights are prior to duties or vice versa. They are the counterparts of each other. If everyone insisted on his rights but neglected his duties towards others there would soon be no rights left for anyone.”

ii. Reciprocity and Restraint demands of Rights:

Rights not only imply reciprocity, but they also demand restraint because “they are not meant to satisfy individual caprice and desire alone, they are intended to serve some useful purpose. An individual should exercise his rights in such a way as to secure the greatest good not merely for himself but to the whole community.” For instance, a person’s right to freedom of expression does not allow him to preach violence or sectarian hatred.

iii. Proper Implementation of Rights and Duties:

Rights and duties are not only reciprocal they also have a third party to observe and guarantee their proper implementation, which is the state. Thus, the State punishes those who do not perform their duties and it safeguards the rights of the citizens.

Citizen’s Role in implementing Rights and Duties:

Thus, it seems essential to broaden the conceptual framework for addressing human rights and responsibilities relations among all human beings as members of one community. In this context, everyone has an essential role to play in implementing fundamental human rights. When individuals assume responsibility for ensuring each other’s human rights, the foundation for unity will be firmly established.

Prophet’s S.A.W Saying:

Prophet S.A.W said that one should treat his brother in a way; he would like to be treated by them. This statement is more valuable than thousands of books written on the relationship about rights and duties. It can serve as a complete and perfect code of human relationship and no philosophy or social sciences can stand equal to it.

6) Give an account of the obstacles in the way of Islamization and how, in your opinion, these can be removed?

Answer:

Nizam-e-Islam Movement:

During the days of the independence movement, the Muslim League had pledged the establishment of an Islamic state. Therefore, when the Constituent Assembly was established after the partition, the people demanded that it should make a clear commitment regarding the Islamic character of the future constitution of Pakistan. These demands were known as the Nizam-i-Mustafa Movement. The public sentiments expressed that the people were extremely dissatisfied with the process of Islamization being carried out by the government of Bhutto. Consequently, the government of Bhutto was overthrown. The new government took up the issue of Islamization with new vigour and zeal and accepted some of the demands relating to social evils i.e. horse racing and drinking were banned, while Friday was declared the weekly holiday.

Obstacles Interposed in the Way of Islamization:

The obstacles interposed in the way of Islamization in Pakistan were:

1. Shortcomings in Strategies:

The Objective Resolution was passed in March 1949. All the basic principles required for making Pakistan an Islamic State were incorporated in the text of this Resolution. All the three constitutions of Pakistan i.e. 1956, 1962, and 1973 confirmed the basic principles laid down in the Objective Resolution. However, the strategies of Islamization, which were adopted in the past, had many shortcomings.

2. No Sincere Efforts:

The governments of Pakistan made no sincere effort for the implementation of Islamization. Rather the ruling class always resisted the enforcement of Islam. When General Zia-ul-Haq took the power, he was aware of such feelings, so he directed his attention to the taking and enforcement of practical Islamic measures. However, just two months after the promulgation of the Shari’ah Ordinance, Zia-ul-Haq was killed on August 17, 1988, in a plane crash.

3. Restoration of Democracy:

The People’s Party formed the government after the general elections of October 1993. Prime Minister Benazir Bhutto was not much interested in the process of Islamization and the restoration of Democracy became the slogan of her government. However, this government also failed as the political leader of P.P.P was charged with corruption.

4. Failure of Shariat Bill:

The next Prime Minister was Nawaz Sharif. He brought the ‘Shariat Bill’, which was passed by the National Assembly, but it could not gain the support of the majority in the Senate. It was pointed out that the bill contained nothing new and was meant only to increase the powers of the Prime Minister. In this way, the policies of Islamization failed to achieve its main purposes and goals.

Measures to remove the obstacles in the ways of Islamization:

Some of the measures to remove the obstacles in the way of Islamization are:

Islamic state emerges from an Islamic society. Only a person with real Islamic character and committed to total subservience to Allah’s commandments can form a society truly Islamic in character.
Character building is a democratic process and requires an enormous amount of sustained effort.
The major components of Islamization struggle are education, purification of the soul and calling people to the right path by invoking their reason and sense of justice, which could be done through peaceful persuasion and opinion forming.
In a democratic society, the law is considered the reflection of the “general will” of the society and not vice versa.
Laws do not create societies, societies create laws. Therefore, an Islamic state cannot be created merely by proclaiming or implementing certain constitutional instruments.
The Prophet S.A.W adopted the strategy of converting the people through education and da’wa (opinion forming and persuasion through peaceful means) and instead of creating an Islamic society, the establishment of an Islamic state should be preceded.

Conclusion:

To conclude, it is clear that our politicians, bureaucrats, traders, and all the classes of the society are addicted to corruption, which is the production of materialistic approaches and ignoring the Islamic and spiritual values. It must always be kept in mind that the real obstacles in the way of Islamization are the low character of the people. For achieving the goals of Islamization, we should take up the task of building a nation spiritually sound and morally strong. This is an enormous task which can only be accomplished through education and da’wa and not merely through coercion or authoritative measures.

7) Enlist the salient features of the UN Charter of Human Rights.

Answer:

The United Nations organization was established in the year 1945, with the purpose of establishing peace in the world and creating an environment for the preservation of human rights and liberties. Fundamental rights of human beings have been enlisted in the Universal Declaration of Human Rights. The United Nations adopted this declaration on December 10, 1948.

Salient features of the UN Charter of Human Rights:

The salient features of the UN Declaration are:

1. Equality:

All human beings are born free and equal in dignity and honour; they are endowed with reason and conscience and should act towards one another in a spirit of unity.

2. Discrimination to be abolished:

Everyone is entitled to all rights and freedom set forth in this Declaration, without any kind of distinction such as race, colour, sex, language, religion, political, or other opinions, national or social origin, property, birth or another status.

3. The right of Self-preservation:

Everyone has the right to life, liberty, and security of person.

4. Prohibition of Slavery:

No one shall be held in slavery or servitude; slavery and slave trade shall be prohibited in all their forms.

5. Prohibition of Inhuman Treatment:

No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

6. Equality before Law:

Everyone has the right to recognition everywhere as a person before the law.

7. The right of Legal Defense:

Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to the law in public trial at which he has had all the guarantees necessary for his defence. No one shall be held guilty of any penal offence because of any act or omission, which did not constitute a penal offence under national, or international law, at the time when it was committed.

8. Rights of family and Private Life:

No one shall be subjected to arbitrary interference with his family, home, or correspondence nor to attack upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

9. Rights to Free Movement and Residence:

Everyone has the right to freedom of movement and residence within the borders of each state.

10. Right to Family Life:

Men and women full of age, without any limitation due to race, nationality, or religion, have the right to marry and to found a family. The family is the natural and fundamental unit of society and is entitled to protection by society and the state.

11. Rights to property and ownership:

Everyone has the right to own property, alone as well as in association with others. No one should be arbitrarily deprived of his property.

12. Right to Freedom of Thought, Conscience and Religion:

Everyone has the right to freedom of thought, conscience, and religion. This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

13. Rights to Peaceful Assembly:

Everyone has the right to peaceful assembly and association. No one may be compelled to belong to an association.

14. Political Rights:

The will of the people shall be the basis of the political authority of the government. This will of the people should be expressed in periodic and genuine elections. Everyone has the right to equal access to public services in the country.

15. Right to get Employment:

Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and the protection against unemployment.

16. Right to Leisure and Rest:

Everyone has the right to rest and leisure including reasonable limitations of working hours and periodic holidays with pay.

17. Right to necessities:

Everyone has the right to the standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing, medical care, and necessary social services, and the right to security in the event of unemployment, sickness, disability, and widowhood. Motherhood and childhood are entitled to special care and assistance.

18. Right to Education:

Everyone has the right to education, which should be free, at least in the elementary and fundamental stages. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance, and friendship among all nations, racial or religious groups and should further the activities of the United Nations for the maintenance of peace.

Conclusion:

The United Nations Declaration of Human Rights is an excellent and comprehensive document on human rights. The protections granted by the declaration affect all aspects of the private and public life of a person. The statement of principles in the Declaration has had a great influence all over the world that these human rights have become legally binding and governments now do have to obey some of the principles.

8) Define rights and duties? Explain their relationship to each other.

Answer:

Rights:

The word “Right” has various meanings according to its context. When it is used as a concept of social sciences, it implies “The power to do or enjoy something which is approved or recognized by other members of the society.”

Laski has defined ‘Rights’ as;

“Those conditions of social life without which no man can seek, in general, to be his best self.”

Duties:

“Duties” is the term used very commonly in social sciences. It implies an individual’s responsibilities towards other members of society. “Duty” has been defined as:

“Something that one does either because it is part of one’s job or because it is morally or legally right that one should do it.”

It can be defined as that ‘a rightful claim of ‘B’ on ‘A’ is A’s duty.

Characteristics of Rights and Duties:

The characteristics of rights and duties are:

Rights and duties are the basic conditions of civilized life.
Rights and responsibilities are uniform in nature. This implies that all citizens have equal rights.
Rights are inviolable; no citizen can be deprived of his or her fundamental rights unless it is imperative for the fulfilment of a constitutional or legal requirement.
Rights are the values on which society determines its norms of right and wrong, just and unjust.
Rights and duties are organic to each other; one person’s right is another person’s duty.

The Relationship between Rights and Responsibilities:

The two phrases “rights” and “duties” coexist with each other. In other words, the rights and duties are two sides of the same coin, to regulate the values and behavioural patterns of an individual. On one side, rights are important in developing human personality and behaviour. The duties, on the other hand, direct the individual’s importance of their contribution to the promotion of social good. Thus, Rights and duties are organic to each other and cannot be separated. Failure to understand the inextricable link between rights and duties can bring the disaster to a society. This relationship has three different aspects:

1. social Character:

Rights and duties are social in character and these are reciprocal. For example, A’s right to life imposes upon him a duty that he should protect other’s lives. If A does not fulfil his duty and takes somebody’s life; his own right to life is forfeited and he is sentenced to death. A social scientist has rightly remarked:

2. Reciprocity and Restraint demands of Rights:

3. Proper Implementation of Rights and Duties:

Rights and duties are not only reciprocal they also have a third party to observe and guarantee their proper implementation, which is the state. Therefore, the State punishes those who do not perform their duties and it safeguards the rights of the citizens.

Prophet’s (S.A.W) Saying:

Conclusion:

Thus, it can be concluded that everyone has duties and rights towards others and within the community. The moral and legal duties could bring harmony in society and helps to realize the guarantees of human rights fully in promoting life, liberty, and equality.

9) Enumerate important human rights.

Answer:

Human rights have been acknowledged globally through the Universal Declaration on Human Rights. The important aspects of human rights are:

1. Natural Rights:

Natural rights are twins born with humanity. These belong to everyone, which starts from birth without any limitations. Hazrat Omer (RA) said, “All men are free when their mothers give birth to them; nobody has a right to enslave them.” Thus, these applied not only to the citizens of the State but to all people who live in its territory. The most important rights of this group include the right to life, the right to personal security, freedom from slavery, violence, and imprisonment, security of private life and residence, freedom of conscience and religion, freedom of marriage and others.

2. Social Rights:

Social rights are those powers or claims, which are upheld by society or public opinion. These are also called moral rights. This group includes the right to private property, freedom of entrepreneurship, the right to work and the right to rest, the right to succession, right to social security and health protection, and many others. Thus, social rights are aimed at the provision of welfare and the quality of a person’s life.

3. Fundamental Rights:

Fundamental rights form that portion of the legal rights, which are essential for the survival and development of a citizen’s personality. The civilized world has now arrived at a consensus regarding their content and nature. The UN Charter and constitutions of all democratic countries have defined and provided guarantees for the fundamental rights. Fundamental rights have two further divisions i.e. Civil rights and Political Rights.

i. Civil Rights:

Civil rights form that portion of fundamental rights, which provide guarantees for the protection of a citizen’s life, property and the development of his personality. The important civil rights are right to life, the right of ownership and inheritance, right to family life, right to congregation and assembly, right to make contracts, right to freedom of opinion, expression and free movement, right of education, faith and belief, right of gender equality and equality before the law.

ii. Political Rights:

Political rights express the possibility of participation of a person in society’s political life, in the formation and realization of State power. Political rights enable a citizen to participate in the affairs of a state by taking part in the political process. The important political rights are right to vote, right to represent, right of equal access to public offices, the right to criticize and recall the elected representatives.

10) Khutba-e-Hijjat-ul-Wida is the most comprehensive charter of human rights. Discuss.

Answer:

The Prophet Muhammad S.A.W performed his first and last Hajj after Hijrah in Zil Hajjah 10, 632 AD. The Sermons that the Prophet S.A.W gave at different places exhibit the essence of the Islamic faith. The authentic books of Hadith, Bukhari, Abu Daood and Muslim, have recorded full texts of these sermons as well as the details of the occasions and places where these sermons were delivered. These are very authentic accounts supported by the reporters. Scholars have completed these sermons in the form of a single consistent discourse, which is referred to as Khutba-e-Hajjatul-Wida. This Sermon forms one of the most important treatises in human history on the subject of human rights.

Important Principles of Khutba-e-Hajjatul-Wida:

The important principles of this sermon were:

1. Elimination of the Practices of Jahiliah:

The prophet S.A.W said,

“All practices carried out in the period of Jahiliah are under my foot,”

This meant that inhuman pre-Islamic practices were no more valid such as the rule of man over man, autocracy, dictatorship, and religious coercion. Islam put an end to all these practices of the dark ages.

2. Equality:

The Prophet S.A.W said,

“Remember! Your Rab (Preserver) is one; your father is one, yes! An Arab has no superiority over a non-Arab (Ajami) and a non-Arab over an Arab, red over black, or black over red, but on the basis of God Fearing (Taqwa).”

3. Elimination of Slavery:

Slavery was a centuries-old institution and was deeply ingrained in the social texture of society. To eliminate slavery with one single executive order or an authoritative piece of legislation would result in the disintegration of the entire cultural setup. However, Islam suggested a policy based on natural wisdom, which would eliminate slavery through a gradual but effective process. Masters were made to deal with their slaves under such restrictions that the slaves acquired a social status almost equal to their masters. The Muslim societies were the first in the world to get rid of this curse, in countries like the United States of America the practice continued until the nineteenth century. The Prophet S.A.W in his last sermon said:

“Your slaves, your slaves! Give them to eat what you yourself eat, give them to wear like you yourself wear.”

4. Rights of life and Property:

There would be no place on earth, which could be more sacred than the Holy shrine of Kabah for a Muslim. However, given the importance to the life and property of people, the Prophet S.A.W said that the blood and property of others are more sacred than the Kabah.

5. Rights of Honour and Prestige:

The Prophet S.A.W said that everyone has an inviolable right that his honour and prestige be preserved at the hand of others and this sanctity is valid until the Doomsday.

6. Religious Moderation:

The Prophet S.A.W warned his followers against the dangers of religious extremism. He said that the former nations were exterminated only because they adopted extremist practices in matters of religion and faith.

7. Legal Rights:

The Prophet S.A.W clearly proclaimed that no person could be punished for a crime, which someone else has committed, even a son cannot be punished because of the crime committed by his father, he said:

“Yes, the culprit is responsible for the crime he has committed, neither son for the crime of his father nor the father for the crime committed by his son.”

8. Rights of the Rulers:

The Prophet S.A.W said that the rulers have a right to be obeyed and followed.

9. Rights of Inheritance:

All rights of inheritance had been set forth explicitly in the Holy Quran and the Sunnah, the Prophet S.A.W said that nobody has a right to violate the stipulated rules of inheritance and deprive anybody of his legal rights. He said:

“Allah has given everybody his due in inheritance; nobody has a right to make a will in favour of any one of his inheritors.”

10. Rights of Women:

Before the advent of Islam, women were not treated as human individuals, they were rather, treated as articles of property. Islam gave them honour and endowed them with human status. In His last sermon, the Prophet S.A.W said:

“Fear Allah in your dealing with the women, you have rights unto them and they have rights unto you.”

11. End of Vengeance and Hatred:

The most dangerous sentiments that cause disruption in human society are the sentiments of hatred and vengeance. The Prophet S.A.W set an example of forgiveness, which cannot be found in the entire human history. In his address of Hujjat-ul-Wida, the Prophet S.A.W said:

“All bloodshed in the days of Jahilah and their vengeance is void from this day. First of all, I forgive the blood of my own family i.e., the blood of Rabia Bin Harith.”

He added:

“All amounts accruing as interests on the loans advanced in the days of Jahiliah are hereby remitted, first of all, I remit the interest on (my uncle) Abbas Bin Muttalib’s loans.”

12. Reference for other Rights:

The Prophet’s S.A.W sermons of Hujjat-ul-Wida, as all his sermons were very brief and comprehensive; obviously all the details of the matters could not be discussed in these sermons. The Prophet S.A.W advised his followers to refer to the Holy Quran and the Sunnah for elaborate guidance, he said:

“People! Listen to me attentively; I have communicated to you the message of Allah. Now I am leaving between you two things. You will not lose the right path until you will remain closely attached to these two things, i.e. the Book of Allah and the Sunnah of his Prophet S.A.W.”

Conclusion:

The last Hajj Sermon of the Prophet Muhammad S.A.W is very clear and covers all the rights regarding human life. Prophet S.A.W has stated these rights 1400 years ago, which are covered now by the United Nations Declaration. Nevertheless, the UN has no power to enforce it. In contrast to this, the Hujjat-ul-Wida’ Sermon of the Prophet SAW not only sets forth the details of the fundamental human rights, but it also provides a mechanism to make their implementation possible. All Islamic states are duty-bound to implement these rights and all the Muslims are individually answerable to Allah in respect to them.