October 2018

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10 Human Rights Raising the Bar for excellence: Dr. Rawaa El Ayoubi Gebara Sydney Despite the Universal Declaration of Human Rights adopted by the General Assembly of the United Nation on December 10, 1948 which embodies the broadest agreement of our contemporary days on the subject of Human Rights, we are still living in a time where prejudices, unfairness and injustices have plagued human beings, and they are eventually responsible for human suffering around the world. It has been said that this declaration of human rights represents the first codification of rights which all human beings deserve to have. However, The Medina Constitution or Charter, written and promulgated by Prophet Muhammed (pbuh) in 622 CE was the first written constitution in the world, its principles are based on the Qur’an and Sunnah. It provides an excellent historical example of the universal theoretical concept of a social contract in the context of human rights. Therefore, human rights are not a modern achievement at all. According to this constitution, Muslims and non-Muslims are equal citizens of the Muslim state in Medina, with identical rights and duties. Communities with different religious orientations may enjoy religious autonomy and equality in the eyes of the law. The constitution states that freedom, justice and equality are based on humanity (articles 15 and 16). Christians and Jews are mentioned in the constitution as “people of the Book” and although they were an ethnic minority after the migration of Muslims in seventh century in Medina were considered equal with the majority, forming one community (ummah wahida). The Constitution of Medina “placed the rules of justice over and above religious solidarity, and affirmed the rights of the victims of aggression and injustice to restitution regardless of their tribal and religious affiliations.” The Constitution of Medina presented a number of political rights and facilities that were to be provided by the state to all its citizens, Muslims and non-Muslims alike. It consists of 48 articles or clauses, which provide the following social and political rights: 1) freedom of belief; 2) freedom of movement to and from Medina; 3) the assurance that if there is an external threat to non-Muslims, Muslims would help them and vice versa; 4) the assurance that both Muslims and non-Muslims are believers and would stand together to defend Medina against attack; 5) an agreement that no one will go to war before consulting the Prophet; 6) an assurance that when consultation occurs the representatives of all parties will be present; 7) an assurance that in cases of negotiation with foreign states, representatives of all parties will be present, and negotiations will not be concluded unilaterally; 8) an assurance that prisoners of war will be redeemed with justice and kindness; 9) that a person is not liable for their ally’s misdeeds; 10) a recognition that charity and goodness are clearly distinguishable from crime and injury; and 11) that God is the guarantor of the truth and goodwill of the covenant. The constitution provides a precedent for a pluralistic socio-political system in accord with Islamic traditions and is based upon the cultural foundation of the message of the Qur’an. The Prophet (pbuh) was the ruler, but not the sovereign. Sovereignty in the constitution did not rest with the person of the Prophet or any particular group, but with the law founded on the basis of justice and goodness maintaining the dignity of all groups in the community. This Islamic model of human rights in particular is very relevant in its objectivity and its vision to modern times. It is based on justice, human dignity, compassion and kindness. The Holy Quran says: God enjoins justice, kindness [to all], and generosity to one’s kindred; and He forbids all that is shameful, all reprehensible conduct and aggression. He admonishes you so that you may take heed. (Qur’an,16:90). Analysing the above verse Sayyid Qutb (1906-1966) stated in his meticulous In the Shade of Qur’an : It requires that justice should be established and maintained, because justice ensures a solid and constant basis for all transactions and deals between individuals and communities; a basis subject to no prejudice, preference or favouritism; a basis influenced by no family relationship, wealth or strength; a basis that ensures equal treatment for all and subjects all to the same standards and laws. Along with justice, the Qur’an urges kindness, which relaxes the strictness of absolute justice… Kindness has an even broader sense. Every good action is a kindness. The command enjoining kindness includes every type of action and transaction. It thus covers every aspect of life, including a person’s relationship with his Lord, family, community and with the rest of mankind. What is often overlooked in our contemporary days is that when considering the concept of human rights from Islamic perspective, it is important to distinguish the divinely rights from the misapplication or misinterpretation by human beings. As much as our Australian society still fight stereotype, discrimination and racism, Muslimmajority societies struggle to implement the values and rights prescribed in Islam. The big question to ask is: can we come to a common global understanding of these rights and ensure that they are implemented and granted to everyone in the society? The answers are to come in my forthcoming articles. 1- Sayed Khatab and Gary Bouma, Democracy in Islam (London & New York: Routledge, 2007), p. 32. 2- Ibid. 3- Muhammed Husayn Haykal, The Life of Muhammad, trans. Isma’il al-Faruqi (Malaysia: Islamic Book Trust, 1976), pp. 180-182. 4- Sayyid Qutb, In the Shade of the Qur’an, vol. XI (Leicester and Nairobi, Kenya: Islamic Foundation of Islamiconline, 1999), p. 68. الوسط ¿ 94 صفَ‏ ر 1440 ه ¿ تشرين األول AL WASAT 94 ¿ Safar 1440 ¿ October 2018
11 EDUCATION Islamic College of Melbourne Footy Day at ICOM! With Term 3 drawn to an end what better way to embrace Footy Fever with our annual Footy Day at ICOM? Our student’s true colours were on display for all to see on the last day of Term 3 with Footy Jumper Day. Primary students took part in a handball competition at lunch time whilst our Secondary students showed off their skills with a goal kicking contest with Mr Karas and Mr Salih! Students were also able to embrace iconic Aussie Footy culture by having a Pie or Sausage Roll for lunch and getting their faces painted. Ms Sahin ran a spectacular integrated maths activity for our Grade 3’s where students took part in a water run and kick ball session and had to measure volume and distance. What a fantastic way to combine PE into a Numeracy Session! Thank you to Ms Sahin and the Grade 3 Team Year 12 Graduation Congratulations to the VCE students on complete 12 years of school! الوسط ¿ 94 صفَ‏ ر 1440 ه ¿ تشرين األول AL WASAT 94 ¿ Safar 1440 ¿ October 2018
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October 2018

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