Rights & Justice States Obligated to Uphold Human Value

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A.T.M. Nurun Nabi :
A state is known by the rights it maintains, says Professor Harold Laski. The state ought to guarantee to individuals the enjoyment of a certain number of basic human rights, which are essential for a simple and fair life.
Rights are, according to Hobbs, what we may expect from others and others from us, and all genuine rights are conditions of social welfare. The definition reminds us of the Islamic concept of right ‘live and let live’.
Thus, the rights, which any one may claim, are partly those that are essential for every man in order to be a rational human being, and partly those, which are necessary for the fulfillment of the functions to be expected from him.
Harold Laski said, rights are those conditions of social life, without which no man can seek to be himself at his best. Rights are what we expect from others and others from us, and all genuine rights are conditions of social welfare.
However, rights are not unlimited. They are to be used by every citizen taking into account the rights of others. They are based on the use of intelligence and good behaviour. None has the rights to spread evils in the society, and to harm others’ rights. Accordingly sodomy, gay marriage, lesbian and pre-marriage intercourse are not human rights. They are rather serious offences to be handled harshly.
Rights and duties are correlated. Every right has a corresponding duty. Rights without duties are like men without shadows. They exist in fairy tale stories. However, every citizen of the country should be conscious of his duties to the state.
If the children do not serve their parents, nor assist them in their old age, it implies upon the State to help the unfortunate parents to survive. In Verse No. 14 of the Sura Loqman, Allah says, “Be grateful to Me and to your both parents.” “Who is disobedient child? Allah said in Tavrat, whoso directly refuses to carry out their command.
Human rights are generally based on religion, culture, customs and traditions, and therefore, they do not depend upon the mercy of the state. Political Philosopher Herbert Spencer was of the opinion that the state guarantees only the security of the rights. The state does not create rights. It is true that justice is a concept of morality. Justice implies establishment of a democratic political institution, ensures the rule of law, freedom of expression and thought, speech and press, and also equal right to vote.
It has already been said that rights and duties are correlated. If anyone enjoys rights, it is the duties of others not to obstruct it.
The Prophet Muhammad (Sm) in his tender age, in association with others, formed an organisation named Hilf ul Fazl with the purpose of protecting the poor people’s rights to live and the foreigners’ genuine interests.
In most of the countries through out the world, the working classes are the most exploited. They are given less than what they should be given. The Prophet said that none should be posted in a job without contract with the employee, and that wage should be given before sweat is dried. He further said that the workers are part of production and, as such, they are part of the profit the organization earns.
Abu Dhar Giffary, one of he trusted lieutenants of the Prophet, opposed private ownership of properties and rise of feudalism. He called for social revolution order in order to establish economic rights of the poor people.
German Philosopher Karl Marx in his famous book The Communist Manifesto published in 1848 A.D. in Paris called the working class of the world to unite against the exploitation. He said that the means of production and distribution should be in the hands of the state so that none is deprived of his share.
Man should not confine itself into the enjoyment of rights only. He must do good to others which Allah has commanded. The Quran has said, “The Mercy of Allah is nigh to him who does good to others.” (Sura Araf, Ayat No.56).
Man has rights to do what are essentials for a happy and peaceful life. At the same time, he has to do what should be done in the interest of harmony and fraternity and brotherhood in the society. Islam believes in the universal doctrine of ‘Live and let live”.
Allah will call for explanation from all those who do not feed the hungry, give water to the thirsty and attend not the sick man. (Hadith -e-Qudsi, Hadith No. 341). It has been said in the Holy Quran that those who do not feed the hungry man will be thrown into the hell. (Al Quran, Sura Muddassir, Ayat No. 44) and those who do not urge others to feed, (Sura Haqqah, Verse No. 34).
The Prophet Muhammad (Sm) said, ‘Feed the hungry, take care of the sick man and release the prisoners’ (Bukhari Sharif).
We read in the Holy Quran, Sura An Nisa, Verse No. 5, “And give not unto the foolish your property which Allah has made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice.”

(The writer is a senior journalist of the New Nation).

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