Human Rights in Islam & Prof. Hamidullah’s work By Jameel Ahmed Milansaar

We live in an age where, in many circles, the words “religion” and “human rights” are seen as opposing concepts. For many activists especially those working on women’s rights concern, believe that organized faith or communities and their heads are invariably a big part of the problem, and only rarely, if ever, part of the solution. This view, however, vastly underestimates existing and potential points of collaboration.
At times the opinion prepared by individual or group against religion is the thought that these questions have not been addressed by various religious traditions. Where as if seen, the issue of Human rights is been always a consideration in religious context. The Islamic model of human rights in particular is striking in its rigor, its vision and its relevance to modern times.
Islam’s contribution to human rights has always been appreciated; experts have scrutinized and had viewed Islam against the backdrop of world history as well as the realities of modern times. Social, racial, gender, and religious inequities continue to exist. Economic and social disparities have resulted in oppression of the lower classes; racial prejudices have been the cause of subjugation and enslavement of people with darker skin; women have been weighed down by chauvinistic attitudes, and pervasive attitudes of religious superiority have led to widespread persecution of people with different beliefs.
Human rights in Islam stem from two foundational principles: dignity and equality. Dignity is a fundamental right of every human being merely by virtue of his or her humanity. As Almighty (Allah in Arabic) states in the Quran, “We have honored the children of Adam and carried them by land and sea; We have provided good sustenance for them and favored them specially above many of those We have created” (17:70).
Regarding equality, Almighty clearly declares that in His sight, the only distinguishing factors between humans are righteousness and piety: “People, We created you all from a single man and a single woman, and made you into races and tribes so that you should recognize one another. In Almighty’s eyes, the most honored of you are the ones most mindful of Him: Almighty is all knowing, all aware” ( Qur’an, 49:13).
The diversity of humanity into many races and ethnicities is a testament to Almighty’s majesty and wisdom. Therefore, racial superiority and discrimination is prohibited in Islam and contradicts its essence. This concept is exemplified in the final sermon of Prophet  who proclaimed:
No Arab has any superiority over a non-Arab, nor does a non-Arab have any superiority over an Arab. Nor does a white man have any superiority over a black man or the black man any superiority over the white man. You are all the children of Adam, and Adam was created from clay.
Women’s Rights
So many of the human rights violations are committed against women in this world. Under the laws of Islam, women have the right to own property and businesses, engage in financial transactions, vote, receive inheritance, obtain an education and participate in legal and political affairs. The fact that some Muslim societies do not always accord women all these liberties is an example of how human beings can fall short of fully implementing the Divine Will.
Both men and women have responsibilities towards their families and societies as is clear from the following verse: “The Believers, men and women, are protectors one of another: they enjoin what is just, and forbid what is evil: they observe regular prayers, practice regular charity, and obey Allah and His Messenger. On them will Allah pour His mercy: for Allah is Exalted in power, Wise” (Qur’an, 9:71).
Amighty promises in the Holy Quran, “If any do deeds of righteousness – be they male or female – and have faith, they will enter Heaven, and not the least injustice will be done to them” (Qur’an, 4:124).
The Birthrights of Life and Security
In Islam, life is a sacred trust from Almighty and the most basic right of a human being. No individual is permitted to take the life of another, unless it is for justice administered by a competent court following due process of law.
Almighty recognizes this right in the Quran, “Nor take life – which Allah has made sacred – except for just cause” (17:33). He also says, “…if anyone kills a person – unless in retribution for murder or spreading corruption in the land – it is as if he kills all mankind while if any saves a life it is as if he saves the lives of all mankind” (5:32).
Not only do human beings have the right not to be harmed, they have the right to be safeguarded from harm, physical or otherwise. For instance, under Islamic law, people are legally liable for not preventing a blind man from dying of a perilous fall, if they were in a position to save him.
Even during war, Islam enjoins that one deals with the enemy nobly on the battlefield. Enemy soldiers and prisoners of war are not to be tortured or mutilated under any circumstances. Islam has also drawn a clear line of distinction between combatants and non-combatants.
As far as the non-combatant population is concerned, such as women, children and the elderly, etc., the instructions of Prophet are as follows: “Do not kill any old person, any child or any woman” and “Do not kill the monks in monasteries.” Hence, non-combatants are guaranteed security of life even if their nation is at war with an Islamic state.
Freedom of Belief
Contrary to popular misconceptions, a genuine Islamic republic is obligated to not only permit but respect diversity. Thus, non-Muslims within an Islamic territory are allowed to worship in accordance with their religion. There are many examples of this historically.
When Muslims began ruling Palestine in 637 C.E., they invited the Jewish people to live in Jerusalem after 500 years of exile. In 1187 C.E., after retaking Palestine from the Crusaders, Muslims treated Christians with honor despite the brutality they had endured at the hands of the Crusaders. Christians were allowed to leave in peace or to stay in harmony.
While Spain was under Muslim rule, the city of Cordova was considered the intellectual center of Europe, where students went to study philosophy, science and medicine under Muslim, Jewish and Christian scholars. This rich and sophisticated society took a tolerant view towards other faiths, while peaceful coexistence was unheard of in the rest of Europe. British historian James Burke mentions in one of his book, The Day the Universe Changed, that thousands of Jews and Christians lived in safety and harmony with their Muslim overlords in Muslim Spain.
The Right to a Basic Standard of Life
A basic standard of life includes the minimum essentials necessary for survival, such as food, clothing, shelter and medical attention. Anyone deprived of these necessities is entitled to receive aid in order to meet their needs. It is the duty of every Muslim with adequate means to give from their wealth, in order to eradicate poverty from society.
Describing the righteous believers in the Quran, Almighty reminds that they are those who give a “rightful share of their wealth to the beggar and the deprived” (51:19). The Islamic state is also obligated to spend from its treasury to support the poor and disadvantaged.
The Entitlement to Justice
Islam requires that Muslims possess upright character and deal justly with the entire human race, irrespective of their ethnicity, nationality, creed and whether they are a friend or foe.
Almighty says in the Quran, “You who believe, be steadfast in your devotion to Almighty and bear witness impartially: do not let hatred of others lead you away from justice, but adhere to justice, for that is closer to awareness of Almighty. Be mindful of Almighty: Almighty is well aware of all that you do” (5:8).
Reflecting on the concept of justice in Islam, Sarojini Naidu, the Nightingale of India, stated in a speech, “The sense of justice that Islam encompasses is one of the most wonderful ideals of Islam, because, as I read in the Qur’an, I find those dynamic principles of life, not mystic but practical ethics for the daily conduct of life suited to the whole world.”
 
Rights and Mutual Responsibility
From the foregoing discussion, it is clear that Islamic law has divinely mandated rights for individuals in their specific roles as spouse, parent, child, relative, neighbour, friend and even foe. In its distribution of rights and responsibilities, Islam has addressed the social, racial, gender, and sectarian issues plaguing our global society. Indeed, the model of rights and mutual responsibilities enshrined in Islam has a tremendous potential for individual and social reform in the world.
Islamic Law particularly which related to the Human Rights and Liberty was another important and interesting field to which Dr.  Hamidullah made significant contribution in the form of books and articles. His contributions got worldwide recognition by scholars and researchers. Their evaluation here underwould make the point more clear.
 
1. The First Written Constitution in the World (English):
Dr. Muhammad Hamidullah’s work on the “Charter of madinah” should get a special reference since in his view, it was the first constitution of the world in which the principles of brotherhood, equality and freedom of action were defined in written form to play an active part in the political unit.”
Madinah Charter (Watha’iq-e-Madinah).prepared and promulgated by Prophet  (SAW) for the multi-religious citizens of the city state of Madinah in 622 A.D., is really a constitutional document of prime importance. Dr. Hamidullah has rightly designated it as the first written constitution in the world. Moreover, this is not only the first written constitution of the world but also revolutionary step in the sense that it was promulgated for a pluralistic society, giving equal rights to all those citizen of Madinah who agreed with the clauses of the Charter and pledged to adopt them in letter and spirit.
Dr. Hamidullah while Describing the conditions of Madinah, has given the factors which led to the preparation of the historic document. He says that the two Arab clans Aus and Khajraj were divided in twelve tribes and Banu Qainuqa, Banu Quraiza and Banu Nazir were divided in ten tribes. They were involved in conflicts since centuries. Some Arabs, having entered into alliance with some of Jews, had been on terms of hostility with other Arabs, who in their turn were similarly allied to some other Jews. The tribal rule prevailed in Madinah. Madina did not have a central authority as ever tribe used to solve their problems. On the other side,even before Hijra Prophet (S.A.W.) had tried to centralize the power of twelve Arab tribes by appointing their twelve persons as his naqibs (proclaimers) at Bait al- ‘Aqbah.(Popularly known as Bait ul Uqba) during one of the Haj seasons. Through the efforts of twelve naqibs of Prophet (SAW), a considerable number of people accepted Islam. But Islam was yet a domestic affair there and had not attained any political status. Persons belonging to different religions used to live in the same house. Keeping in view these conditions, Prophet (SAW) had to carry out reform in Madinah by drafting the Charter. The Charter was drafted in view of the many important  requirements of the people of Madinah, some of them related to Human rights are :
1. Determination of rights of inhabitants of Madinah irrespective of their religions and also Muslims, both immigrants and the original citizens of Madinah
2. Residential arrangements for the immigrants of Makkah so as not to hinder the living conditions of the inhabitants of Madinah.
3. Agreement with non Muslims tribes especially Jews.
4. Organization of state administration and arrangements for defence of Madinah.
Analyzing the contents of the first part of the Chapter, Dr. Hamidullah stated that Madinah was the first independent state of Muslims which had a written constitution. The supreme authority of this state was Allah and the Prophet (SAW) was obeyed as His messenger. In this independent state, an Islamic political unit was formed and it consisted of migrants of Makkah and helpers of Madinah, and also those among the Non Muslims, who were willing to take part in protecting interests of Madinah as a whole, under the guidance of and in co-operation with this united body of Muslims of Makkah and Madinah.
Dr.  Hamidullah in his work states that, the second part of the work which is related to Jews deals with their rights and duties. The Jews were free to follow their prevailing customs in internal matters and socio-cultural activities. The Jews were political and social rights as held by the Muslims. The various allies of Jews called as mawali, batn, bitanah, were also given equal status with the original Jews. It was also stipulated that Jews would not be obliged to help Muslims if the latter were involved in any religious war.
The right to freedom of religious faith was declared in the Charter as ‘The Jews following their own faith and Muslims following their own faith”. In case the Jews take part in wars fought by Muslim bearing the expenses of war, they will be equally entitled to the booty. The judicial system provided that Jews be dealt with by their own laws and they could even approach Prophet (SAW) for adjudication. Prophet (SAW) used to adjudicate as per their own laws. With regard to the insurance, the blood money was to be paid by the tribe members and clients jointly.
Thus, in view of Dr.  Hamidullah, it was first constitution of the world in which the principles of brotherhood, equality and freedom of action were defined in written form to play an active part in the political unit, which are the founding stones of Human Rights in any cultured society.
 
2.  Muslim Conduct of State (English):
The second work of Dr. Muhammad Hamidullah which deal with the subject of Human rights in Islam is his doctoral thesis in German entitled “Die Neutralitat in Islainischen Volkerrecht” (Neutrality in Islamic International law), which he submitted to Bonn University (Germany) as D.Phil, thesis and was awarded the degree of the same in 1933. The work was first of all, published from Zeilchrift Der Deutschen Morgenlandischess Gesellschaft (German) in 1935. After addition of new materials, it was published in several issues of Islamic Culture (Hyderabad) during 1941-42 in English under the title Muslim Conduct of State. The work was first printed in the book form by  Ashraf Publications, Lahore, in 1941. It became so much popular in the academic circles that more than half a dozen editions has appeared so far.
This book of Dr. Muhammad Hamidullah is the first systematic study of International law of Islam in English which defines the principles that regulate the relations of a Muslim state with non- Muslim states and their subjects. These problems arose with the expansion of Islamic state and establishment of contacts of Muslim states with other states and their subjects, especially those who were friendly with the Muslim states. It is well known that Muslim jurists have taken up this problem under the chapter “‘Kitab al-Siyar” in their jurisdical works. This is very significant that Dr. Muhammad Hamidullah has discussed in detail the principles prescribed by the Shan’at for relationship with non-Muslim states in three well-known situations- peace, hostility and neutrality. The author further explains that initially, the word Siyar was related to the life of Prophet (SAW). But, Imam Abu Hanifah (702-772 AD) was the first who used the word Siyar with respect to the rules relating to the treaties and conduct of the Muslim state with other non Muslim states and its subjects, under Islamic international law.
Before discussing the evolution of Islamic international law, the work has thrown light on certain aspects of international law that was in operation in pre-Islamic period. Dr. Muhammad Hamidullah says that the laws of declaration of war, treatment of enemies and their property, prisoners of war, distributions of booty, rights of envoys etc. prevailed in Arabs before Islam.
Dr. Muhammad Hamidullah shows in this work that, the Muslims developed a science of international law and separating it from political science and general law and made it an independent subject. They wrote on the subject of Jihad (War) and Siyar (conduct in time of war and peace) in Arabic language. In this connection, the work mentions the name of several Muslim jurists including Zaid Ibn Ali, Imam Abu Hanifah and Imam  Hasan al-Shaibani (749-805 AD). Discussing the concept of peace the learned author dwelt at length the principles of sovereignty, independence, jurisdiction and diplomatic relations. With regard to the jurisdiction of international law, the work has discussed the rights of people of Islamic states vis a vis non Muslim states. According to the author Islamic law has given many rights to non-Muslim subjects in the capacity of Zimmi. They are exempted from Zakat and are not bound to render the defense services. They are to be governed by their own personal laws. As far as a Muslim in non-Muslim state is concerned, the work says that he can follow the Islamic law fulfilling the obligations of the governing slate. Dr. Muhammad Hamidullah has dwelt in detail the rights of war prisoners in his work.
3.  Introdution to Islam (English):
Another work of Dr. Muhammad Hamidullah in which a big portion relates to different aspects of Human rights, is Introduction to Islam in English. It is not a book of Islamic law but deals with many aspects of  Islamic law in brief.
In this work Dr. Muhammad Hamidullah has clearly emphasized and discussed at length that Islam permits non-Muslim subjects of Islamic state to decide their cases in accordance with their own law, far from imposing Islamic law on everybody, Islam admits that every group Christian, Jewish, or other should have its own tribunals presided over by its own judges, in order to have its own laws applied in all branches of law, civil as well as criminal. If the parties to a dispute belong to different communities, a kind of private international law decides the conflict of laws.
Another contribution of Muslims which is given in the work is related to rights of humanity. The author says that Muslims were first in the world who gave the rights to humanity in definite shape in written form. The work also analyses the main contents of the Charter of Madinah (Watha ‘iq-e-Madinah), which has been already discussed in detail in relation to his work-The First Written Constitution in the World.
In addition to the above matters, the work also discusses a number of socio-economic and political problems of modern period such as expenditure of Zakat. game of chance, status of non-Muslim in Muslim state  etc.
4.   Khuttbaat-e-Bahawalpur  (Lectures in urdu at Bahawalpur) :
The work as earlier stated is collection of Dr. Hamidullah’s twelve lectures which he delivered at Bahawalpur University during 8th March to 20th March 1980 on different important aspects of Islamic Studies. The work contains four chapters on Fiqh-e-Islami and Islamic law namely Tarikh-e-Fiqh. Tarikh-e-Usiil-e-Fiqh wa Ijtehad, Islam’i Qanun Bain al-Mumalik and ‘Ahd-e- Nabawimen Nizam-e-Tashri’ wa ‘Adliyah. The chapter of this work deals with the Islamic law which relates to the relationship between different nations of the world  and a Islamic state, of which Human Rights are an integral part.
Discussin Qanun Bain al-Mumalik, the Dr. Muhammad hamidullah, critically examines the working of International law in different countries in pre-Islamic period and then he comes to the conclusion that there was no international law in true sense of the word before Islam. It was actually one of the important contributions of Islam to the human civilization. The learned scholar observed that Greek international law suffered from a serious draw back that it was confined to a few people and ignored the rest of the world which was considered barbaric and was not, therefore, worthy of being treated in accordance with law.
On the other hand, the author pointed out that Islamic international law does not allow discrimination in dealing with non-Muslim states, it is equally applicable for all non-Muslim states. If international law is not confined to a few specific nations, then it originated with the advent of Islam and Muslims are perhaps the only nation in the world which can legitimately claim to possess a just international law as has been discussed earlier in detail.
5. Qanun Bain al-Mumalik ke Usul aur Naziren (Urdu):
The book, relating to the principles of international relations, was written, keeping in view of the requirements of L.L.B. students of Osmania University (Hyderabad). It is a general book on international law but at many places it compares the concept of international law of different communities with Islamic international law. The learned author has discussed in detail about the principles of relationship between two countries in the condition of war, peace and neutrality.
If any law has to get global importance with regards to the rights of people, it should be uniform and every citizen shall have equal rights. In this regard, the author pointed out that this aspect was taken into consideration only in Islamic law. Arab scholars compiled rules, customs and usages to formulate a developed system of Islamic law and in the 2nd Hijra this system developed into a concrete art or separate discipline which was called by them as Siyar.
With regard to the jurisdiction of the law of non-Muslims in Muslim states and vice versa, he says “since the ancient times, Islamic state had granted permission to non-state people to be dealt with by their personal laws. There are enough historical evidences to suggest that at least till 3rd century Hijra and later on. Muslims were also permitted to be tried by their respective civil and  criminal courts in states of China, Malabar and Turkistan etc. In China, the Muslims were adjudicated by Muslim jurist only, even if plaintiff was non-Muslim citizen of China. Such Jurist is called as Hunarman. Even European had been given such rights especially in the commercial centers of Egypt and Istanbul since long time.
Discussing the rights of prisoners of wars, the work says that Romans considered them as slaves and the Christians formulated more stringent regulation about them. Islam guaranteed them rights and exhorted its followers to treat them well. The prisoners of war can be liberated either gratuitously, or on ransom, or in exchange of Muslim prisoners in the lands of the enemy, at the discretion of the commander/ ruler. The prisoners will be provided all necessary facilities. They will be given religious freedom, all the arrangement will be done for the sick and injured prisoners. If any prisoner wants liberation on the commitment that he will not wage war against Muslims, he will be liberated. Their enslavement is permitted but this not obligatory.
 
Women Rights in Islam:
Status of women in islam can be best understood only when their status in the pre Islamic era is examined closely.
Women in pre-Islamic era (Jahiliya) had almost no rights. They were not considered equal to men and were thus dictated under strict system. They were treated as objects and were constantly humiliated. They had a very little control over their marriages; they were also ineligible to inherit property. Before Islam there was no any concept that a woman can pass the freedom life as now she is passing. The Arab’s of pre-Islamic era never treated their women as human. The women had no rights and no social status, if a man can afford he married as many women as he liked & he can deserted at any time whenever he wanted. Temporary marriages were very common. On the death of a man, his sons married their step-mother, or his brothers inherited his widows as though they were very chattels. No wonder that the women of the jahaliya period suffered terribly. They had no property, no rights to live as good women, no social respect nor honor, polygamy & even polyandry were rampant or very common. Islam brought about tremendous amelioration in their status.
Dr.Muhammad Hamidullah in his works has dwelt in detail in his works on the Rights provided by Islam to women. One such work of Dr. Muhammad Hamidullah is his English article “Muslim Woman”
In the preface of this article Dr. Muhammad Hamidullah says, “When studying the principal rights and obligations of women in Islam, it must be pointed out at the very outset, that in spite of a capacity of Muslim law to adapt itself and to develop according to circumstances, there will be no question that one will recognize the extreme liberty that a woman enjoys today both in fact and in practice. She enjoys this liberty in certain sections of social life, both in the capitalistic and the communistic West. Islam demands that a woman should remain a reasonable being. It does not expect her to become either an angel or a demon. “The golden means is the best of things,” said Prophet . If one wants to compare or contrast her position in Islam with that in other civilizations or legal systems, one should take into consideration all the facts, and not merely isolated practices. In fact, in regard to certain aspects of morality, Islam is more rigid and more puritan than certain other systems of life in our times.”
Discussing the personal status of women in Islam, Dr. Muhammad Hamidullah has categorized the rights of women as a mother, as a wife and as a daughter and has also discussed the equality. In the capacity of a mother the learned author writes,  “The position of a mother is exalted in Islamic tradition. Prophet  has gone so far as to say: “Even Paradise lies underneath the feet of your mothers.” Al-Bukhari reports: Somebody asked the Prophet which work pleases Almighty most? He replied “The service of worship at the appointed hour.” And when it was continued: “And what afterwards?” the Prophet replied: “To be bounteous to your father and mother.” The Qur’an refers to this often, and reminds man that he must always keep in mind the fact that it was his mother who had borne him in her womb, suffered much on his account and brought him up after making all kinds of sacrifices.”
As a wife the rights enjoyed by women are described by the learned author as described as under,
 “As regards the woman as wife, the saying of the Prophet is well known: “The best among you is the one who is bet towards his wife.” In his memorable Farewell discourse, pronounced on the occasion of the Last Pilgrimage, the Prophet spoke of women at length, and said in particular: “Well then, people! Verily there are rights in favour of your women which are incumbent upon you, and there are rights in favour of you which are incumbent upon them. As to what is incumbent upon them in your regard, is that they should not let your beds be trampled by other than you, should not allow those to enter your houses whom you do not like without your authorization, and should not commit turpitude. If they do commit that, then Almighty has given you permission to reprimand them, to separate yourself from them in beds, and to strike them but not hard. If they abstain and obey you, then it is incumbent upon you to provide their food and dress in accordance with good custom. And I command you to treat women well, because they are like captives in your houses, possessing nothing for themselves, and you, on your part, take them as a deposit from Almighty, and permit yourselves the enjoyment of their persons by means of a word of Almighty. Have therefore the fear of Almighty with regard to women, and I Order you to treat them well. Attention! Have I communicated? O Almighty, be witness!”
In the capacity of a daughter, the rights bestowed by Islam are brought to light by Dr. Muhammad Hamidullah in the following words,
“ With regard to woman as daughter, the Islamic attitude can be guessed from the reproaches which the Qur’an makes against the pagan, pre-Islamic behaviour at the birth of daughters: “And they assign unto Almighty daughters – be He purified (from this)! – and unto themselves what they desires (i.e., sons); and when if one of them receiveth tidings of the birth of a female, his face remaineth darkened, and he is wroth inwardly. He hideth himself from the folk because of the evil of what whereof he hath tidings, (asking himself); Shall he keep it in contempt, or bury it beneath the dust? Verily evil is their judgment.” [Qur’an 16:57-59].
The Qur’an reminds ceaselessly that Almighty has created all things in pairs, and for procreation both the sexes are equally indispensable, each one having its particular function. And it proclaims: “. . . unto men a fortune from that which they have earned, and unto women a fortune from that when they have earned.” [Qur’an 4:32]
In a critical explanation Dr. Muhammad Hamidullah endorses the Equality of Women in Islam as, women in Islam are equal to man in certain respects and not so in certain others
To avoid redundancy, Nature has not willed perfect equality among the two sexes, but a complementary distribution of avocations and functions. For instance, it is not possible for a man to conceive a baby; similarly the natural attributes of men cannot be exercised by women. She has a more delicate physical constitution, her voice will be more melodious and less sonorous, and she will have a taste more in conformity with the need to conserve this delicacy. Men however are more robust and will have greater strength and are therefore more endowed to engage in the more painful parts of life. To each will be according to his or her requirements, both natural and reasonable.
 If there is a certain natural inequality between the two sexes, in many other aspects of life they resemble each other. Therefore their rights and obligations in those domains will also be similar.  This sums up, in a way, the Islamic teaching on woman: she is considered equal to men in certain respects but not so in certain others. This could be understood better in the description of her obligations and her rights which follows.
 
Conclusion:
In addition to the above works, Dr.  Hamidullah also contributed a large number of articles on Islamic law, Human Rights, Women Rights and International Relations. Some of them are, International Law in Islam (English), ‘Islamic Notion of Conflict of Laws (English), Siyar ya Qanun Bain al-MumaIik (Urdu),
The contents of these articles show the Muslim Conduct of State, Discussing the subject matter of Islamic law, the author points out that Islamic law is to be applied to non-Muslim or aliens too. Highlighting the opinion of Muslim jurists on strangers, his works mention that all non-Muslims, foreigners or residents of Muslim state constitute one nation and all Muslims are brothers and are considered one nation. So, Islamic law will be applied to all non-Muslim whichever they, residing in Muslim state or non-Muslim state.
It is also clarified by the author that the non-Muslim citizens {Zimmi) of Islamic state will be treated by their own law. Non-Muslim travelers who reside in Islamic state with the permission of government, they will be also treated according to their personal law. His works emphasized that there was no difference between superior and ordinary man in Islamic states. In Islamic law a ruler is considered under the jurisdiction and he is not free to do anything. Many examples are available from the Islamic history that the rulers were called in the courts if needed.
Discussing the concept of peace in his works Dr. Muhammad Hamidullah has dwelt at length the principles of sovereignty, independence, justice, equality and diplomatic relations as well as Individual and collective Rights of the different sections of Society. It is quite clear from above discussion that the works of Dr.  Hamidullah covers all important aspects of Human Rights in Islam. The works also critically examined the works of early jurists and their role in the development of Islamic laws related to Human Rights. Dr. Hamidullah also played a pioneer role to elaborate Watha’iq-e-Mad’inah. He rightly said that the Charter of Madinah was first written constitution of first Muslim independent state (Madinah) in the world in which every citizen of pluralistic society was given the rights. These rights also have been discussed by the author in detailed way. There are three conditions of mutual relation between different Communities- peace, hostility and neutrality. The works of Dr. Hamidullah on Islamic international law provides rules of Shariat to maintain the relations in these three conditions. Dr. Muhammad Hamidullah has also exhaustively discussed the Rights bestowed upon women in Islam in this works.
I conclude with two couplets one each of Persian and Urdu
 
Ibadat bajuz khidmat-e-khalq neest ,Ba tasbih-o-sajjadah-o-dalq neest. Shaikh Saadi (1203-1292 AD)
(Without service of humanity,prayer means nothing It is not counting beads, sitting on the mat Or wearing tatters.)
Fakeer Rehke bhi Bandanawaz aisa tha, Kisi pe khul na saka uska raaz aisa tha. – Dr.Rahi Fidai
He bestowed Humanity in spite his austerity status, the secret which is unrevealed on any one.

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