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On Thursday, dozens of priests and cleaners came to the fortress-like church to scrub and sweep<br />

the floors, walls and rafters ahead of the Armenian and Orthodox Christmas, celebrated in the first<br />

week of January. Thousands of tourists visited the church this week for Christmas celebrations.<br />

But the cleanup turned ugly after some of the Orthodox faithful stepped inside the Armenian<br />

church’s section, touching off a scuffle between about 50 Greek Orthodox and 30 Armenians.<br />

Palestinian police, armed with batons and shields, quickly formed a human cordon to separate the<br />

two sides so the cleaning could continue, then ordered an Associated Press photographer out of the<br />

church.<br />

Four people, some with blood running from their faces, were slightly wounded.<br />

http://www.cbsnews.com/stories/2007/12/28/world/main3652603.shtml<br />

Islam and Human Rights<br />

Tuesday, December 25th, 2007<br />

This paper is divided into two parts. The first part explores the relationship between Islam and<br />

some of the major ideas associated with democracy and human rights. The second part of the<br />

paper argues that Islam embodies a concept of the human being that goes beyond rights. This<br />

larger vision of the human being is premised upon a worldview which is diametrically different<br />

from what inspires and informs contemporary Western thinking on human rights.<br />

Rule of Law<br />

Some of the major ideas associated with democracy and human rights would be in harmony with<br />

Islamic thought. The rule of law, a cardinal principle of democratic governance, is central to<br />

Islamic jurisprudence. Centuries ago, Islam recognised that all decisions, acts and procedures of<br />

public authorities at `all levels cannot be valid or legally binding save to the extent they are<br />

consistent with the law’. This is, of course, linked to the concept of `due process’. As in any<br />

society based upon democratic norms and procedures, Islamic law states that `you cannot deprive<br />

a man of life, liberty or property except by due process of law’.<br />

Islamic law is also a firm advocate of a just, equitable judicial process. It is a concept which is<br />

rooted in the Quran itself, the ultimate source of guidance for the Muslim. For the Quran lays<br />

tremendous emphasis upon judging between people in a just and equitable manner. It says for<br />

instance, `Be staunch in justice, witnesses for God, even though it be against yourselves or (your)<br />

parents or (your) kindred, whether (the case be of) a rich man or a poor man, for God is nearer<br />

unto both (than you are). So follow not passion lest you lapse (from truth) and if you lapse or fall<br />

away, then lo! God is ever informed of what you do’. It is this concept of justice and equity which<br />

inspired the famous Caliph Ali ibn Talib to advise judges that `when the truth is presented they<br />

must pass their judgements without fear, favour or prejudice’. Equally significant, he envisaged a<br />

judiciary that would be `above every kind of executive pressure or influence, fear or favour,<br />

intrigu e or corruption’. It was one of the earliest declarations in history by a head of state of the<br />

importance of an independent judiciary. So important was this principle, that a number of judges<br />

in Muslim history were prepared to be put to death, tortured or dismissed rather than sacrifice the<br />

independence of their office.<br />

Islam, right from the outset, also limited the power and authority of rulers. Limiting state authority<br />

is yet another democratic norm. In Islamic jurisprudence, `political power must be exercised<br />

within the framework of the Shariah’ (the supreme law of the Muslim community). What this<br />

means is that the ruler should subordinate himself to laws, values and principles in the religion.<br />

Accountability<br />

Limiting state authority should be juxtaposed with another crucial democratic principle — the<br />

principle of public accountability. Because of the significance attached to this principle in early<br />

Islam, it became a vital element in Islam philosophy. Leaders had to account to the people not<br />

only on matters pertaining to general administration but more so on how public funds were

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