Chairman's Message

How can the law be abused when it is so strongly regulated by the statutes? That’s the question we all have, and I’m going to unfold it for you how.

In different countries we have seen how the law is still there, then maybe a case is even filed but the case does not reach its conclusion. Let us take a significant example in Africa, where many cabinet members will be seen to be involved in a case of fraud, but only a few will face the repercussions, and this is a different from the behaviour of ordinary people who, when faced with fraud, will face the law and get considerable punishment for it. You may ask, how this is possible? It is only possible because these people have strong connections with the government authorities, mostly the well-known political bodies.

This raises another question? Is it possible for cases to be dropped simply because the person in question holds a government position such as vice president, cabinet member and so on? The answer is yes, I know many will disagree with me but in reality, it is possible and the most prominent example is Kenya where a court dropped a £60 million corruption case against the Vice President. I think that’s absurd because if he was an ordinary person, these charges wouldn’t have just been dropped and all the evidence would have been there to prove that he was guilty enough to be charged with the crime.

In Uganda, the cases are there, but due to an inadequate justice system and lack of influence, these perpetrators of many crimes, such as cyber-crimes, violence against women, corruption etc., haven’t been able to reach their desired place because of the privileged protection afforded to them by their titles and power The government is aware of this, but remains largely unprepared to deal with such cases due to the pressure. In South Africa and many African countries, human rights cases are also numerous but seem impossible to resolve.

What does this say about the African system of government and the laws that are supposed to protect its people, also the judicial system in Africa needs a lot of change in the way it handles cases and not to be influenced by government officials?

As an aspiring future lawyer who wants to be involved in ensuring that at least the people who need to know the law can be helped and that the availability of the law is not only limited to the influential people but also should also serve the purpose of affluent people, people with less resources and power seem to be afraid of the government bodies and therefore tend not to report them to the concerned authorities. Very significant examples of the few lawyers who didn’t work for the government but rather preferred to work on their own for the welfare and betterment of the people, include advocate Male Mabirizi Kiwanuka Kassim and many others from Uganda, and were arrested for doing so. 

Before the advent of Islam, women in Arab were not given basic rights including the right to education and economic freedom. It was a common practice in the Arab society to inhumanely bury their female infants. Since the advent of Islam in the Arab society, women have been treated with respect and accorded basic privileges. It is a common misperception that Islam is a predominantly patriarchal religion. The reason for this is misinterpretation of Quranic texts and Hadith. To understand the significance of these texts and Hadith, one must comprehend the context and the circumstances under which it was revealed. There are numerous verses in the Holy Quran which on the surface ascertain the superiority of men over women. The interpreters overlook the context of such verses and hadith when attempting to establish its meaning.

 Islam is the most vocal religion when it comes to women's rights, with the ability to vote being an example. After a series of protest and uprisings, American women were given the right to vote in 1920. It was granted by the 19th amendment of the American Constitution. However, the women in Islam were given this right in the 14th century. The Arab women were given the ability to run business prior to when it was common in the west. They were allowed to engage in trades as well as in warfare and it was quite common for women to adopt unconventional professions. Women were popular in the education sector as well. For example, the most prominent and oldest university, Al-Qarawiyin Mosque and University, was founded in Morocco in 859 C.E. by a woman named Fatima al Fihri. During the times of warfare, women regularly performed nursing tasks, used to take care of the injured and sick during battles, and some of them even served as soldiers.

Aisha R.A, the wife of the Holy Prophet (Peace be upon him), was one of the most influential scholars and famous narrators of the Hadith. People came to learn from her since she was a renowned scholar. It was quite common for the women to trade in a market place, to the point where the second caliph Umar R.A, appointed a women named Shaffa bint Abdullah as a supervisor of the Bazar. Women were often involved in public affairs, lawmaking, scholarship, and teaching in the government sectors. Women were encouraged to participate in all sectors of society. Before Islam, women were deprived of the right to hold property. The male descendants of the family would inherit the share of women in the property. Islam gave women the right to inherit. In Islam, women are not burdened with financial responsibilities of household management. The man of the family bears that burden. Even if the woman earns after marriage, the husband is not entitled to her property. Islam granted women the right to accept or reject the marriage proposals; she has the right to enter into a marriage contract of her own free will, without being forced by anyone. Prophet Muhammad (Peace be upon Him) had many wives, all of whom he treated with kindness and respect. Narrated in one of the Hadiths, He (peace be upon him) said; “The best of you are those who are best to women.”

In conclusion, Islam has an extensive tradition of preserving the civil liberties of women based on the guidelines set forth by Allah and His Prophet (peace be upon him). Under Islamic law, women are empowered with numerous rights and privileges along with a dignified social status.

Prevailing Misconceptions in Pakistan Regarding Women's Rights in Islam

For a longtime, there have been misconceptions regarding women’s rights in Islam in Pakistan. These misconceptions explicitly neglect women, dishonor, and discriminate against them. Some people practice these misperceptions in the name of Islam due to lack of sufficient religious knowledge, with the intent to subjugate women and deprive them of their rights. However, Islam does not support these objectives because they contradict Islamic rules and principles. Some of these misconceptions include: 

1. “Islam deprived women as they are getting half a share that of a man in inheritance”.

As most people do not realize the role of women in Islam, there is a misconception that Islam denies women the right to inherit. When in truth, a woman is entitled to ½ of her parents’ property as opposed to her brother given that she has no financial liability towards the family. Moreover, she is entitled to her dower, to receive gifts during her marriage, and she is not forced to spend her income to bear the expenses of her family. Before marriage, the burden of expense lies on father, and after marriage, the husband bears all expenses. Besides these, she has the right of inheritance in the property of her husband and also in the property of her children.

2. “Unconditionally, a man can take four wives at the same time”.

Another misconception prevailing in Pakistan is Polygamy. According to the rules of Islam, a man can accept up to four wives at the same time, but only if he has the character strength to deal justly with them. The Holy Quran says:

“If you fear that you will not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if you fear that you will not be able to deal justly with them, then only one.”

The preceding polygamy rule is conditional. The verse particularly refers to the just treatment towards orphans. It was revealed shortly after the Battle of Uhud when the Muslim community was left with several orphans and widows, as well as some war captives. The treatment was to be governed by the most humane and egalitarian principles. If a man wishes to take more than one wife, he must have sufficient financial resources to meet the needs of the additional wives, and he must treat them equally with justice regarding the fulfillment of their conjugal and additional rights. The argument behind polygamy is that it prevents divorce of the sick, elderly, and barren wife, refrains men from extra-marital affairs and eliminates social hypocrisy.

3. “The bride’s consent is not as important in marriage”.

Male-dominated society of Pakistan does not value the consent of the bride as much as it values groom’s consent in marriage. They believe that consent of the father or guardian is sufficient for a girl’s marriage, although Islam does not endorse it. In Islam, the free consent of the bride and groom is required for a legitimate marriage. A woman has the right to choose her spouse in Islam.

4. “There can be no marriage without dowry”.

Dowry is the most horrible practice in Pakistan that is condemned by Islam. A marriage without dowry has become socially unacceptable in today’s world. A greedy system is established in the society that requires the wife to bring wealth from her parents. If the dowry is denied by girl’s family, the girl becomes the victim of physical and mental abuse.

5. “Women have no right to divorce in Islam”.

Though the husband in Islam has absolute right to divorce, he may delegate this power to the wife. According to Islam, both husband and wife can choose to separate by mutual understanding. Besides this, a woman may demand separation by relinquishing all claims to the husband.

The main reasons for prevailing misconceptions in Pakistan regarding women's rights in Islam are due to lack of Islamic knowledge regarding its rules and regulations in different aspects of life. Another cause of these misperceptions is the lack of awareness among women about their rights and privileges in Islam, as well as the desire of the religious male interpreters to neglect women, to dishonour, and to discriminate against them, causes a great deal of inconvenience for women in society.

Bibliography

'19Th Amendment to The U.S. Constitution: Women's Right to Vote (1920)' (National Archives, 2022) <https://www.archives.gov/milestone-documents/19th-amendment> accessed 21 June 2022

'Women In Islam' (ISLAMIC SOCIETY OF GREATER LANSING, 2022) <https://www.lansingislam.com/women-in-islam.html> accessed 21 June 2022\

Patoari MH, “The Rights of Women in Islam and Some Misconceptions: An Analysis from Bangladesh Perspective” (Beijing Law ReviewOctober 12, 2019) <https://www.scirp.org/journal/paperinformation.aspx?paperid=96850> accessed June 21, 2022

Ahmed, G. (1997). Women’s Rights and Family Values: Islamic and Modern Perspective. Dhaka: Era Enterprise

Marcotte, R. D. (2003). How Far Have Reforms Gone in Islam? Women’s Studies International Forum, 26, 153-166. https://doi.org/10.1016/S0277-5395(03)00017-7

Doi, A. R. (1992). Women in Shari’ah (Islamic Law) (4th Ed.). Kula Lumpur: A. S. Noordeen

Orakzai, S. B. (2014). The Rights of Women in Islam: The Question of “Public” and “Private” Spheres for Women’s Rights and Empowerment in Muslim Societies. Journal of Human Rights in the Commonwealth, 2, 42-51. https://doi.org/10.14296/jhrc.v2i1.2100

Islam is unquestionably a way of life that offers a thorough guide for how humans are expected to live their lives, not merely a religion or a belief system. Particularly, the Shari'ah and the Fiqh provide excellent insight into all facets of daily life.

In the same context, the matter of child labour is recognized by Shari'ah, and guidelines have been established under Islamic laws to evaluate whether child labour is acceptable and, if so, with what restrictions.

Who is a Child in Islam?

         The first facet of the conundrum pertains to whom Islam recognizes as a child. The Muslim jurists who include the Shafi’i and the Hanafi generally define a child as a person who is under the age of puberty.[1] The Shafi’is also defines a mukallaf person as a person who is sane and attains the age of puberty. This, therefore, indicates that a mukallaf person is not a child.[2] According to Maliki jurists, a child means a person who has no capability for his interests including of his expenses and his meals.[3] The Muslim jurists from the four Sunni school of law unanimously agree that the puberty of a child is attained when there is a manifestation of certain natural symptoms or in the absence of natural symptoms, age can be considered as puberty indication.

The majority of Muslim jurists, including the Shafi'i, the Hanbali, Abu Yusuf and Muhammad of the Hanafi, one report attributed to Imam Abu Hanifah, and some of the Maliki, hold that the age of puberty for both boys and girls is upon the completion of his/her fifteen years of lunar year[4], provided that natural symptoms do not appear.[5]

Contrarily, Imam Abu Hanifah maintains that a boy reaches puberty at the age of eighteen and a girl reaches puberty at the age of seventeen.[6]His argument is based on the Qur'anic verse, "And come not near the property of the orphan save to develop it till he attains the age of full strength..." [7]According to Ibn 'Abbas' testimony, the boy is eighteen years old at full strength. Since a girl develops and understands concepts more quickly than a boy, there is a one-year difference between them.[8] This disparity is lessened by a boy by one year.

Islamic law operates on the principle of public interest (maslahah) as well. In the absence of provisions in the Qur'an and Sunnah of the Prophet (S.A.W), the law can be founded on maslahah and is directed by the Shari'ah's broad purposes, namely to achieve benefit for the people and to repel ill that may befall them. It is to defend the interests of children in the context of child labour because the employment may cause them harm.

Regardless, the proper treatment of children is emphasised sufficiently in Islam. Islam protects children's rights related to (1) "health and life," (2) "family, kindred, name, property, and inheritance," (3) "healthcare and proper nutrition," (4) "education and acquisition of talents," and (5) "live in security and peace and enjoy human dignity, and protection under the responsibility of parents," per UNICEF and International Islamic Center for Population Studies and Research[9]. Therefore, any profession or employment that infringes these rights is said to be prohibited.

Islam places strong emphasis on treating a child fairly and puts the parents and the guardians under strict duty to fulfill all the needs that a child might have.

On the other hand, the question that may be important to child labour is whether the child is physically fit to work and what the financial status of his caregivers is.

The Concept of Aahliyyah:

The principle of Aahliyyah is the legal capacity of a child to receive rights and perform obligations in Islamic law. This is to represent the human potential and fitness to carry out and maintain specific social and religious commitments. Literally, Aahliyyah means aptitude, fitness, competence, validity, authority, and qualification, all of which refer to a person's capacity and quality to fulfil particular obligations diligently.[10]

The Hanafi jurists divide Aahliyyah into two kinds: the capacity for the inherency of rights and obligations (Aahliyyah al-wujub) and capacity for the exercise of rights and the discharge of obligation (Aahliyyah al-ada’).[11]

Under Islamic law, a child under the age of puberty undergoes two different stages; undiscerning child from birth until the age of discernment (mumayyiz) and discerning child, from the age of discernment until the age of puberty. Al-Sarakhsi from the Hanafi school has fixed the age of seven years as the age of discernment.[12] This is also supported by Muslim scholars who have fixed certain periods for the undiscerning child that begins as soon as the child is born and ends when he reaches the age of seven.[13] [14]

Muslim jurists agree that a discerning kid possesses perfect receptive legal ability (ahliyyat al-wujub al-kamilah). This is because the existence of this legal ability is founded on life itself.[15] As a result, an undiscerning youngster can obtain all of the rights to which he is entitled.

Ahliyyah al-ada' al-kamilah is the ultimate stage in which the child attains his intellectual faculties and becomes an adult. He is capable of handling duties and obligations at this age. A person with this capacity can also undertake any jobs that a minor cannot do and can be held accountable for his actions. At this point, Islamic law imposes specific Islamic requirements on him, including as prayer, fasting, almsgiving, pilgrimage, and other religious obligations.[16]

Child Labour in the Quran and the Sunnah

The main sources of Islamic law, the Qur'an and hadith, do not clearly give regulations on child labour or child employment, as well as any prohibition on child employment that does not impact their welfare. Nonetheless, there are some hadith of the Prophet (S.A.W.) that appear to indicate that a child, particularly a discerning child, may give a service to his needy parents.

According to one hadith, the Prophet (S.A.W) had a bruising (hijam) surgery with a youngster, after which the Prophet paid the child.[17] Nonetheless, when analysing the hadith, a Muslim jurists stated that the wage that the Prophet gave to that youngster was because the child was very destitute.[18]

Regardless, Islamic law allows a youngster to work to help his family and due to poverty or destitution. This type of profession appears to be realistic for sustaining the child's own life and assisting the family. This approach appears to be consistent with the International definition of child labour, which only prohibits employment that is detrimental to the kid's welfare and interests.

Ruling of Islam On Child Labour

Islam allows child labour which is termed as “tashghil” as long as it is in line with the teachings and principles of Islam. Several prophetic traditions support this ruling. An authentic hadith is reported by Muslim and narrated from Anas bin Malik (May Allah be pleased with him). Anas bin Malik said: Once the Messenger of Allah (the Prophet) came to me while I was playing with the boys. He greeted us and sent me on an errand.[19]

Another authentic hadith is reported by Bukhari and narrated by Anas. Anas bin Malik said: Whenever the Prophet (peace be upon him) went to the privy, a servant and I used to carry a skin water container and a spear and he would cleanse himself with the water.[20]

These references from Hadith prove that the Prophet (peace be upon him) used to assign the children some works, so according to Islam, in some cases, children can be assigned with some tasks.

Islamic Principles that Protect Children from Hazardous Child Labor

Aside from the few hadith that depict and discuss child labour, there are numerous rules that imply harming children is prohibited. This is in accordance with the goals of Islamic law (maqasid al-shari'ah), which is to protect human advantage and eradicate any hardship that may befall them. This is clearly stated in the Qur’an;

“He has chosen you and has imposed no difficulties on you in religion”.[21]

In another verse, the Qur’an further states that,

“Allah intends every facility for you, He does not want to put you in difficulties (hardships)”[22]

The preceding verses demonstrate clearly that when an obligation is imposed upon the subjects, it is not implicit with creating hardships or difficulty. Consequently, this principle implies that any sort of pain imposed by one human on another is prohibited.[23]

Therefore, it is to be noted that when dealing with child labour, nine critical factors must be addressed. To begin with, the child should not be handed any illegal tasks.

Second, only youngsters with mental maturity and the ability to distinguish between right and wrong can be hired. It should be noted that young children cannot be held responsible for anything.

Third, approval from the parents must be obtained before employing any youngsters. Because parents are accountable for their children's care and education, authorization to work should come from them.

Fourth, it is critical that the tasks assigned to children enrich their knowledge and skills. It should look after their well-being.

Fifth, it is critical to describe the type of employment, work period, and compensation that will be allotted to children. Youngsters are wrongfully exploited in many circumstances due to a lack of adequate regulations and procedures, so these issues should be thoroughly settled before taking any children for any profession.

Sixth, job should not interfere with children's education.

Seventh, the task should not be detrimental to children's manners. It should aid in sustaining Islamic customs.

Eighth, children should be provided ample opportunities to play in order to ensure physical development.

Ninth, children must be treated with compassion and mercy.[24]

Child Labor in Islamic History: Anas Ibn Malik's Case

Anas ibn Malik was the khadim of the final Prophet (peace be upon him). This is an example of how tashghil and khidmah may be used effectively. The life of Anas demonstrates the anticipated nature of child labour. Anas, the Prophet's young companion, used to help him in different duties. Anas served the Prophet of Islam for more than nine years from the Prophet's relocation to Medina (from Makkah) until his death, according to a few reliable Reports (such as al-Bukhari, Book: 78, no. 6038).

According to several reports, the Prophet had a very excellent and amicable connection with Anas. Anas was never chastised by the Prophet for anything. If Anas did not complete a task after being ordered to do so, the Prophet never penalised him for it.  The Prophet was extremely fond of Anas.

Several reports claim that Anas was allocated the simplest feasible chores that were not physically taxing. Anas was found carrying water, miswak (the chew stick), and asaa (the hand stick on which the Prophet relied). He was not permitted to perform dangerous duties. For example, Anas was barred from participating in one of the most significant holy wars for Muslims, the Ghazwat al-Badr.

Comparison with reference to the Employment of Children Act,1991 and the ILO Convention

The Employment of Children Act,1991 as enforced in Pakistan is mostly in conformity with the provision of Shari’ah, with the exception of the fourteen-year-old minimum age for engaging in hazardous labour. According to Shari'ah, puberty is a sign of majority, and most children exhibit indications of puberty between the ages of fourteen and thirteen. The distinction here is that fourteen is a set and non-negotiable number in the Employment of Children Act of 1991. However, while Shari'ah permits hazardous labour for a youngster who has reached puberty, it also indicates another criterion within the confines of Aahliyyah: intellect and prudence. Therefore, regardless of whether a younger child has reached puberty, they cannot work as long as they lack discernment or intellectual aptitude. Furthermore, considering that it is the primary obligation of parents and the state to safeguard the child, Islam typically prohibits any form of labour or endeavour that may infringe on the rights of children.

A broader discrepancy arises from the ILO, which sets the minimum age for engaging in hazardous activities at eighteen years. It's also worth noting that the ILO enables youngsters as young as sixteen to work under the condition that they pose no possibility of harm. Work done by children between the ages of thirteen and fifteen is also authorized as long as it does not compromise their education or wellbeing, the ILO sanctions these provisions on the basis of the status of the state too. This is a divergence from Shari’ah provisions since Shari’ah permits children of majority age with requisite intellect and discretion to participate in hazardous jobs.

Despite this, Shari’ah adheres to the rights of children under the age of majority; as established in the preceding instances, with the ILO. Shari’ah permits labour for children under the age of puberty who have a certain degree of discernment so long as it does not impede their welfare.

Bibliography:

·       Abu Dawud, Sulaiman Ibn Ashas al-Sijistani. 1997. Sunan Abi Dawud, Book 32. Beirut: Dar Ibn Hazm.

·       Al-Shaybani, Ahmad bin Hanbal. n.d. Musnad Al-Imam Ahmad Ibn Hanbal.

·       Azzaam, H. F. H., & al-Muwaajidah, M. I. 2008. Ruling on child labour in Islamic law (Hukmu Umaalatil Atfaalifil Fiqhil Islami), al-Majallah al-Urduniyyah fi al-Diraasat al-Islaamiyyah, 3, 203-221.

·       Azzaam, H. F. H., & al-Muwaajidah, M. I. 2008. Ruling on child labour in Islamic law (Hukmu Umaalatil Atfaalifil Fiqhil Islami), al-Majallah al-Urduniyyah fi al-Diraasat al-Islaamiyyah, 3, 203-221.

·        Fatḥ Allāh Ibn Shukr Allāh Shirwānī, and Fuat Sezgin. 1986.  Majallah Fī Al-Mūsīqī. Jumhūrīyat Almāniyā Al-Ittiḥādīyah: Maʻhad Tārīkh Al-ʻulūm Al-ʻarabīyah Wa-Al-Islāmīyah Fī Iṭār Jāmiʻat Frānkfūrt.

·       Hasan, Ahmad. 1993. The Principles of Islamic Jurisprudence: Command of the Sharīʻah and Juridical Norm.

·       Imam Ibn Majah. 2019. Sunan Ibn Majah. Independently Published.

·       Malik Ibn Anas. 2014. Al-Muwatta of Imam Malik.

·       Muhammad bin Ahmad bin ‘Urfah al-Dasuqi al-Maliki, Hasyiah al-Dasuqi ‘ala al-Syarh al-Kabir, vol. 4 (Beirut: Dar al-Fikr, n.d), 124.

·       Muḥammad ibn ʻĪsá Tirmidhī, and Muhammad. 1967. Sunan Al-Tirmidhi Wa Howa Al-Jāmiʻa Al-Saḥih.

·       Muḥammad Ibn Ismāʻīl Bukhārī. 1966. Sahih Bukhari. Karachi Muhammad Sarid.

·       Muslim, Imam. 2016. Sahih Muslim.

·       Musnad Al-Imam Ahmad Ibn Hanbal. n.d.

·       Quran. n.d. Qura’an Majeed

[1] Jalal al-Din 'Abd al-Rahman al-Suyuti, al-Ashbah wa al-naza’ir fi qawa'id wa furu' fiqh al-Shafi'iyyah,

[2] Abu Bakar Mashyur bi al-Bakri Osman bin Muhammad Shata al-Dimyati al-Syafie, I’anah al-Talibin ala Hil Alfaz Fath al-Mu’in, vol. 4 (Beirut: Dar al-Fikrlil Toba’ahwa al-Nasyrwa al-Tauzi’, 1997), 8

[3] Muhammad bin Ahmad bin ‘Urfah al-Dasuqi al-Maliki, Hasyiah al-Dasuqi ‘ala al-Syarh al-Kabir, vol. 4 (Beirut: Dar al-Fikr, n.d), 124.

[4]This position is supported by the Sunnah of the Prophet of Allah (S.A.W. ), according to a tradition related by Ibn 'Umar: When he was fourteen years old, the Messenger of Allah examined him on the day of Uhud and did not permit him to participate in the battle. When he was fifteen years old, the Prophet again examined him and then let him to participate in the battle on the day of Khandaq (the battle of the trench).

[5] Ibn 'Abidin, Vol. 6, 153-154; al-Hattab, Vol. 5, 59; al-Shirazi, Vol. 1, 435; al-Bahuti, Vol. 3, 443-444.

[6] Al-Marghīnānī, Vol. 3, p. 284; al-Zayla'i, Vol. 6, 275-276.

[7] Al-Qur’ān, Sūrah al-An'ām : 152.

[8] See al-Marghīnānī, Vol. 3, pp. 284-285. ; al-Zayla'i, Vol. 6, 277.

[9] See also UNICEF, “Children in Islam - Their Care, Development and Protection,” Al-Azhar University International Islamic Center for Population Studies and Research (2005), 67

[10] 7 Hans Wehr, A Dictionary of Modern Written Arabic -Arabic-English, (London: Macdonald & Evans LTD, 1974), 33.

[11] 'Ali ibn Muhammad al-Bazdawī, Usul al-Bazdawi (Karachi, Pakistan: Mir Muhammad Kutub Khanah, n.d.), 324; M. A. Abdur Rahim, The Principles of Islamic Jurisprudence, 2nd Revised Edition (New Delhi: Kitab Bhavan, 1994), 206.

[12] Al-Sarakhsī, Vol. 24, p. 162.

[13] Al-Khafif, Ahkam al-Mu'amalat al-Shar'iyyah

[14] This is based on the Sunnah of the Prophet (S.A.W): “Command your children to pray when they become seven years old, and beat them for it (prayer) when they become ten years old, and arrange their bed (to sleep) separately”.

[15] Al-Kurdi, 16.; al-Khafif, Ahkam al-Mu'amalat al-Shar'iyyah, 236 & 241.

[16] Abdurezak A. Hashi and Bashiir A, “Human Capital Development from Islamic Perspective,”

[17] Reported by Ibn Majah, no 2164

[18] Syaikh Muwafiquddin Ibnu Qudamah, Al-Mughni, vol. 8

[19] Sahih Muslim, Book 2, Hadith 8

[20] Sahih Muslim, Book 2, Hadith 87

[21] Al-Qur’an, Al-Hajj, 22:78

[22] Al-Qur’an, Al-Baqarah, 2:185.

[23] UNICEF, “Children in Islam - Their Care, Development and Protection,” Al-Azhar University International Islamic Center for Population Studies and Research (2005), 67

[24] Azzaam and al-Muwaajidah (2008)

Bio:

I’m a student of Sharia and law LLB at international Islamic University. I’m profound of reading and writing various genres of literature and history. My proactive experiences from being an intern in different organizations to being a part-time writer in magazines and websites have enhanced my multilingual communication skills and leadership qualities. Being a student of law,I always prefer research and analysis writing, which is helpful for society and individuals.

"Freedom means the supremacy of human rights everywhere. Our support goes to those who struggle to gain those rights or keep them. Our strength is our unity of purpose. To that high concept, there can be no end save victory."

The idea of human rights is that each one of us, no matter who we are or where we are born, is entitled to the same basic rights and freedom. Human rights aren't privileges and cannot be granted or revoked; they are inalienable and universal. That may sound straightforward enough, but sadly, it gets incredibly complicated as soon as anyone tries to put the idea into practice. The history behind the concept of human rights is a long one. Throughout the centuries and across societies, religions, and cultures, humans have struggled with defining notions of righteousness, justice, and principles. So why are human rights abused and ignored time and time again all over the world? Perhaps the unidentified problem is that it's not easy to enforce these rights or to punish transgressors. As a result, it remains a declaration, not hard law. However, in the past decades, international human rights law has deepened and expanded to better protect human rights.

Firstly, there was no concept of human rights. In ancient times, the law of the world was "Might is Right." The stronger used to rule and dishonor the weaker and the poor. As human society developed, the concept of human rights also matured. With the passage of time and the spread of education, the concept of human rights gained prominence.

Now, in the wake of attacks on civilians, aid workers, and hospitals in conflict zones around the world, there are many references to the "rules of war." These rules and principles govern the conduct of armed conflict and aim to protect individuals who are not or are no longer participating in the hostilities, such as civilians, prisoners of war, and wounded soldiers. Humanity is a fundamental principle of the laws of war, which requires that all individuals be treated with dignity and respect. This principle is reflected in many aspects of the laws of war, such as the prohibition of torture, inhumane treatment, and the use of weapons that cause unnecessary suffering. However, despite the existence of these laws, violations of them continue to occur in many armed conflicts around the world. Some of the most egregious violations include the targeting of civilians, the use of child soldiers, and the deployment of chemical weapons. It is crucial for individuals and nations to uphold the laws of war and respect the principle of humanity to minimize the harm caused by armed conflict and protect the rights of all individuals involved. Though it can be challenging to enforce these laws in practice, efforts must continue to raise awareness of the laws of war and hold accountable those who violate them.

The prohibition of deliberate attacks on civilians, including murder, torture, and rape. The prohibition of attacks on medical facilities, personnel, and transport. The requirement to treat prisoners of war humanely and provide them with adequate food, shelter, and medical care. The obligation to respect and protect cultural property, such as museums, historic buildings, and religious sites.

Although the instinct of morality exists in humanity, worldly realities often make choosing right over wrong difficult. The Quran praises those who choose to sharpen their moral sense and condemns those for whom the ugliness of sin becomes beauty in their eyes. Each individual is accountable to God for the path he or she chooses.

Overall, the impact of humanity on the world is complex and multifaceted. While acts of humanity have the potential to create positive change and promote social justice, the absence of humanity can lead to significant harm and suffering. As such, it is critical that we recognize and value the inherent worth and dignity of every individual and work towards creating a more compassionate and empathetic world.

"To deny people their human rights is to challenge their very humanity." - Nelson Mandela

The conclusion drawn from comparative case studies that "war" among humans is not an evolved evolutionary strategy but an induced response to human disturbance is a contentious one. While it is true that human activities such as deforestation and hunting have been shown to contribute to aggressive behavior, it is also widely accepted that inter-group violence is a natural behavior in many societies. Human history has been marked by both war and peace, and it would be inaccurate to suggest that humans have always been at war. However, it is also important to recognize that warfare and conflict have been recurring features of human societies for thousands of years. While many societies throughout history have also found ways to resolve conflicts without resorting to violence, it is undeniable that war has been a persistent aspect of human history. Moreover, the causes of war and conflict are complex and multifaceted, often driven by factors such as resources, power, ideology, and identity.

In conclusion, while it is important to recognize instances of peace throughout human history, it is equally important to acknowledge that war and conflict have been recurring features of human societies for thousands of years. While it may be possible to reduce the incidence of war and conflict, it is unlikely that these phenomena will ever be completely eliminated.