NTRODUCTION

This short research paper addresses the apparent question of whether or not the Western concept of Universal Human Rights compatible with the Islamic notion of the Universal notion of Human Rights, with specific reference to the economic right of women in the Islamic society. Endeavour in addressing the central theme, Divided the research paper into four sections excluded the introduction part. It started with a brief introduction to the genesis of Human rights and proceeded on addressing the modern concept of Human rights which coincided with the 1948 Universal Declaration of Human Rights.  

The following heading (b) equally presented a brief introduction to the historical conception and the genesis of the universal Islamic concept of Universal Human rights. However, since there is a notion that some aspects of human rights are compatible with the Islamic conception of the Universal Human Rights and some are not, I examined this issue under the heading (c) and thereafter addressed the central theme of the research paper, the economic right of women in the context of the Islamic conception of the Universal Human Rights under-heading (d). This is followed by a conclusion that summarised the main argument contained therein.

1. what is human rights

In addressing the subject matter of this essential topic, it is necessary to trace the origin or original idea of Human Rights. In so doing will enhance our approach in our endeavour in addressing the economic rights of women through the length of the Islamic conception of the Universal Human Rights, since the perplexing idea of who should be protected and they should be protected has been ever since over the centuries. However, the contemporary prevailing concept and opinions known to many in the modern world as human rights can trace its root back to religious tradition.

This ecclesiastical tradition is not limited to Abrahamic religions namely Judaism, Christianity and Islam, but encompassed Hinduism, Buddhism and Confucianism. All these herein mentioned above religious groups and sects “asserted both the dignity of individuals and people’s responsibility to fellow humans. Hudus prohibit the infliction of physical or mental pain on others; Jews support the sacredness of individuals as well as the responsibility of the individuals to help those in need. Buddhism's eight fold-parts include right thought and action towards all beings, while Islam teaches the equality of race and racial tolerance”[1]. However, it was philosophers and political thinkers who conceptualised the term human rights after that but differed on various specific issues pertinent to the idea of Human Rights. For instance “Human rights philosophers from the liberal from liberal persuasions traditionally have emphasised individual rights that they can neither usurp nor undermined”[2]. 

 Furthermore, Human Rights, as a concept, have its genesis in the East, AL Sarq. It can be traced back to “539 B.C”. The Historical records show that this was the period when the armies of the Cyrus. The Great King of Persia (now a geographical area called the Islamic Republic of Iran) invaded the present geographical area known as the Arab Republic of Iraq and conquered the city of Babylon and freed slaves from the bondage and declared that all people had equal rights to choose whichever religion and established racial equality among the inhabitance of the area. However, after that, the idea generated and found its way into the civilised nations at the time such as ancient India, Greece and subsequently Rome. In Rome for instance, the idea of law evolved because, human beings tend to follow specific unwritten rules during their life, and the Roman law therefore based on the ‘sensible ideas which derived from the “nature of things”. Another milestone in the evolutionary process of the idea of Human Rights was the evolution of the western concept of Human Rights. It had its origin in English “Magna Carter (1215 AD).

This was followed by the French Declaration of Right of the Man in 1628 AD) and after that, the French Declaration of the Rights of Man and the American Bill of Rights in 1791. For instance “no individual should deprive of life, liberty or property without due process of law[3].  As mentioned earlier, the concept of the rights “central idea has long prehistory” but the historic Geneva Convention of 1864 was considered in many ways as another important milestone in the evolutionary process of contemporary human rights issues, with countries accepting and adopting the idea of Humans Rights. The first Geneva Convention on the subject matter was limited to soldiers. As “the main principles laid down in the Convention and maintained by the subsequent Geneva Conventions provided for the obligation to extend care without discrimination to wounded and sick military personnel and respect for and marking of personnel transport and equipment with the distinctive sign of the red cross on the white background”[4]. In addition to the above, it started with the abolition of the slave trade in 19^th century Europe. “Former slaves were granted nominal rights and protection. In this context, Christens were regarded as the most needed for protection from mistreatment by the Authorities of the Othman Turks. Moreover, the rights of those wounded during the First World War were articulated with the establishment of the International Committee of the Red Cross”[5]. However, during the outbreak of the second world war, and subsequent Nazi Germany’s various “campaigns of genocide against Jews, Gipsies and other undesirables were powerful imputes to development of the contemporary human rights movement”[6].  

  The crucial turning point in the ongoing process was the aftermath of the Second World War with the succeeding formation of the United Nations Organisations were socio-economic and political ramifications of the war. Moreover, most importantly the inhuman treatment of a particular section of human society forced the civilised and peace-loving countries to come together to form this Universal mechanism called the United Nations tasked with the promotion of peace and stability as well as protecting and respecting Human Rights as a means to end all wars in our modern world. Therefore there was a need for a legal provision to “disregard and contempt for Human Rights have resulted in barbarous acts, that might be avoided in future in Human Rights are protected by law. Prospect for Human Rights would promote the development of friendly relation between nations”[7]. In the materialisation of this, some western countries have taken an active role in propagating the concept of Human Rights. The notion includes the crafting of the United Nation’s Charter wish is pertinent to human rights-related issues regarded by many were counts as an essential cornerstone of their foreign policies.

For instance, the United States of America's foreign policy orientation has been a clear testimony since the post-world war; it would “make sure the post-world war” international system based on these four essential Human freedoms. (1) “The freedom of speech and expression everywhere in the world,(2) freedom of a person to worship God in his way everywhere in the world. (3) Freedom from want-which translated into world terms means economic understanding which will secure to every state a, peaceful life for its inhabitants-everywhere in the world. Moreover, (4) freedom from fear-which is translated into world terms, means a worldwide. Decrease armaments to such a point and in such a thorough manner that no country will be in a position were to commit an act of aggression against any neighbour-anywhere they are in the world” [8] although one has to accept the fact that there is no consensus approach to the definition of Human Rights. It is because, the idea itself means different things to different people at different times, as some view the Rights as a privilege when expressly used in the context of “Human Rights”[9].

However, what seems to be more realistic is what was commonly defined by politicians and the average legal practitioners as necessary things that each human being is entitled to certain fundamental rights by being human.  These are called “Human Rights” as they are things that human beings are allowed to do or to have; i.e. protecting individuals or people against those brute who wants to harm or hurt innocent individuals and people. It is also designed to assist us as a human family to get along with each other and live in peace and harmony. The central idea of the international Human Rights is that “States are responsible for satisfying the certain condition in there in the treatment of their people and inability to carry out may justify some form of the remedial action by the international community or those acting as it agent”[10]. Void global responsibility, the idea globally recognised by most of the states, whereby the latter are therefore obligated to “give an account of how they treat their national and administer their affairs through their domestic legal mechanism within their territorial jurisdictions. Potentially, therefore, it can subvert their domestic order and follow the traditional configuration of the International Community as well”[11].

Translating the western concept of the universal human Rights ideas into international action by the international subjects has taken three stages of the systemic process and each of these stages in question in one way or the other influenced by a particular political cum philosophical doctrine. The first stage of these processes began in 1945 and was affected by is viewed as western doctrine, and it faced lots of criticism from non-westerners as well as some pressure group within the capitalist west. The main sticking point of its critiques consists of (1) it is impossible to “rank human rights regarding preference, civil and political rights appear to be of primary importance, especially certain rights such as freedom of thought and religion which distinguish democracies from authoritarian states.  (2) Self-Determination constitutes only a general principle, not a full right of the peoples (3) International treaties laying down obligations in the field of human rights should be priced; woolly terminology should be avoided. (4) It is not sufficient enough to approve international treaties to protect human rights of equal importance. It is the establishment of an international monitoring mechanism to verify that the ratifying states are respecting these measures; without some international supervision treaties not only are of little practical use but may boil down to mere propaganda tools. (5) the promotion of human rights is an end to be pursued in its own right; it is not at any cost to be subordinated to the goal of attaining friendly relations between states”[12].

The second stage in the evolution of international action on the human rights process began in the 1950s and was characterised by socialist doctrine. The main point of socialist doctrine/ argument is summarised as (1) The United Nations Charter led to the emergence of a universal principle by which all states must respect human rights without dissimilarity of race or sex, language or religion.  By complying with these principles alongside international conventions, states are obliged to take the necessary legislative procedures at the national level. It was “the for laws of each “state to recognise human rights, in another word, duty and responsibility for safeguarding these rights rested with the authorities of the State” (2) nationals of a state must be content with and bring any alleged breach of human rights before state’s authorities.  They must be allowed to petition international agencies. (3) it was not for other countries or for the UN to interfere in this process; no intervention must be made in the internal affairs of the State. (4) care was to be taken to prevent the international protection of human rights from endangering peace or friendly international relations (5) the role of the United Nations was limited to the elaboration of international instruments for ratification (or in the case of recommendation, for consideration) by states, leaving individual countries to deal with practical application of human rights at the national level. (6) The United Nations must concern itself with its nations except in exceptional circumstances, that is the country committed a grave, repeated, and systemic violations of human rights against universal principles mentioned above and endangering peace and friendly relations between the states. (7) In the interest of furthering human rights, it was of prime importance that improvements should be made to the international situation. The global arms race, and so on were the main factors having a detrimental effect on human rights. Consequently, one way of promoting respect for these rights was by fostering friendly and peaceful relations between States[13].

The 1970s witnessed the final phase of such development; it was characterised by “the doctrine of developing countries”. These third world countries were troubled by the western approach to whole human rights issues primarily “Civic and political rights” was one of the extreme indifference, sometimes even hostility for three main reasons. “(1) The third world countries fully recognised the importance of these categories of rights could undermine or weaken the authority of government in such countries (2) developing countries need a strong and centralised government if their economies were ever to take off. Therefore the restriction of certain rights is just as it will enhance economic growth and well-being of their populations (3) the social structure of Asia and African countries are more like that of a community with leaders exercising undisputable power. The opinion presented here is contrary to Western European societies countries which characterised by tension and clash between freedom and overpowering authority”[14].

From the outset when comparing and contrasting the above mentioned three doctrines, one could vividly see that the socialist doctrine cum the third world countries are more interested in social, economic and cultural rights along with the rights of self-determination, and freedom of equality with the clear intention of prohibiting all kinds of discriminations, this includes racial discrimination. These doctrines believe that, if the third world countries were to take off economically, they must avert themselves from observing and adopting a western form of human rights as its alien to their culture and tradition. For instance, freedom of speech and freedom of worship is unattainable in some Arab and Muslim world as this is due to their perceptions of the rights issues. One can equally add the following to the above without prejudices that, for African leaders to embrace this form of western Human Rights wholeheartedly including freedom of speech and so on would make them lose all the privileged positions which they held and enjoyed in their respective societies and consequently undermined .“The needs of his people and stand up for their interest and they, in turn, submit to his will”[15].

There are two central monitoring of compliance mechanisms pertinent to Human Rights related issues, that is one created by The United Nations Resolution and the other by International Treaties such as procedures established by the 1965 Convention on racial discrimination, and with subsequent 1966 Convention on Civil rights. This Convention, which is briefly herein mentioned comprises three supervisory methods which can be seen as (1) established on the examination of periodic reports submitted by the states. (2) The formula of inter-State grievances, in which a contracting state can table a motion against another party (3) the practice of operating at the request of individuals or groups of individuals who may file with the supervisory form a communication setting out the violations allegedly pretreated by a state” [16]. The monitoring mechanism that was created by the United Nations Resolutions also comprises (a) those set up in 1967 by resolution1235 (XLVIII) of the Economic and Social Council(ECOSOC). (b) Another set up in 1970 by resolution 1503(XLVIII) of the same and revised in 2000 as well as (c) the system of a country or special thematic rapporteurs, gradually evolved in the 1990s by the Commission on Human Rights; and (d) The United Nations High Commissioner for Human Rights established in 1993 by the United Nations General Assembly by the General Assembly resolution 48/141”[17].

There are also various advanced regional subsidiary monitoring mechanisms, usually regarded within the international legal system as “judicial bodies”. The European Court of Human Rights Commission and the Inter-American Court of Human Rights are classic examples of the said.  This is contrary to the Banjul based African Commission on Human Rights and the Rights of peoples (ACHR) is preferably a monitoring mechanism that still somehow “lacked judicial functions” “an African Court of Human Rights and People's Rights as provided for in the draft additional protocol to the African Charter on Human and People’s Rights of 1997. This Protocol, however, has not yet entered into force”[18].  In addition to the above, there is also an Arab Human Rights Committee, which is another regional monitory mechanism. It was created under Article 45 of the Arab Charter and consisted of seven members elected by secret ballot by states parties, to serve for a term of four years. The Committee comprises of state’s nationals who are independent and impartial.

By “Article 48,” Arab League state parties undertake to submit reports on the procedures they have taken some steps to give effect to the rights and freedoms recognised in the Charter and on the progress made towards their enjoyment. The Committee will consider the reports in the presence, and with the participation, of the State party in question. The Committee may request further additional information relating to the implementation of the Charter. Having considered the report, the Committee will issue final comments and recommendations which includes in the annual report presented to the Council of the League of Arab States[19].   However, in the word of Antonio Cassese, among the various judicial body referred to hereinto above, European Centre for Human Rights is more advanced than any other regional supervisory mechanism. According to the modified 1950 European Convention on Human Rights since 1999, the Court has been a full-time judicial body that comprises of “41 (now 43) judges; and each of the 43 member states of the Council of Europe parties to the Convention may refer to the Court any alleged violation of the convention and its protocols. The petitioner fully participates in the proceedings before the Court on the same footing as the respondent state”[20].   

2. THE ISLAMIC CONCEPT OF UNIVERSAL HUMAN RIGHTS

The concept and ideas of the Universal Human Rights had its genesis in the religions until the western philosophers and politicians began secularisation of these noble concepts and ideas of Human Rights. The secularisation process is accomplished through the interpretation of the relationships between the legal order and the religious one. The first approach to achieve the secularisation objectives is to “considers both normatively interrelated and second demands them to be strictly separate and third while enduring the separation in principle acknowledges their mutual influence and normatively accepts certain spheres of interrelationship”[21].  However, before delving into digging down the historical genesis of Human Rights in the Islamic religion, it would be a matter of interest to state that Islam is the universal message in itself. Given the preceding, there is no difference between the West and the East or North and South of the Globe both are part of the vast land of Allah the Almighty. As exalted said “And to Allah belong the east and the west, so wherever you turn yourself or your face there is the Face of Allah, and He is High above, over His Thron. Surely! Allah is All-Sufficient for His creature’s needs, All-Knowing”[22].

In this context, Westerners, Northerners and Southerners are an essential part of the world which Allah the Almighty, sent His Messenger Muhammad as a mercy to them all, as stated “And we have sent you(O Muhammad) not but as a mercy for the ‘Alamin (mankind, jinns and all that exists”)[23]. In this regard, whatever information contains therein, i.e., the Holy Quran and the tradition of the prophet in terms of laws and orders as well as other crucial matters concerning human affairs, reflect on the universal nature of that particular message.  The origin of human rights in Islam is associated with the coming of Islam which started with the first verse sent down to the prophet Mohammad Peace and blessing Allah be upon him through Angel Jibril. The Lord instructed the Prophet via this verse to “Read! In the Name of his Lord “Who has created (all that exists)”[24]. Islam laid down the most significant Charter of the Universal Human Rights for the entire humanity almost fifteen hundred years ago. The Fundamental Rights contained in the Islamic Human Rights Charter are specific and granted a well-noted insightful declaration of Rights. Before proceeding in our effort to address the subject matter, it would make sense in the legal term to establish what constitutes Human Rights in Islam. In so doing will enhance our understanding of this confounding subject within the context of International Law.

The term (haqq) in the Arabic language which is the original language of the Holy Quran when the concept is translated into English will surely give an equivalent meaning to Rights. That is to establish fact or truth. This definition is in line with the Oxford Dictionary definition of the term “Rights), which in legal terms referred to true or correct as a fact”. In this context, however, it can be equally claimed that these Rights in question belong to individual creatures called Human beings by their virtue of being born on the face of this earth. It is also understood that these Rights consisted of two critical components.

The first of the two is beneficence and the second is called a public good. Islam is understood as the most comprehensive and complete ever governing system meant to manage human affairs, alongside other religious rituals such as prayers, fasting and so on. It encompasses the concept of Law, political structure, social, economic, logic, behaviour and attitudes. It is believed that this religion called it the first religion of its kind in human history which represents the complete and comprehensive idea of human rights. As mentioned hereinabove, the universal concept of Human Rights in Islam can be traced back to the advent of Islam in the 7^th century AD. The idea of human rights in Islam is based on the perception of human dignity and equality for all humanity. The Holy Quran which is considered the most sacred book in the Islamic religion supported this argument. It started with reflecting on the dialogue instituted between the Lord of the Universe and the angel, where the Lord the Exalted said “And (remember) when your Lord said to the angel “, and surely we honoured the (Bani Adam), the family of Adam and we have to respect them on land and sea and facilitate them with lawful good things, preferred them above many of those whom we have created with marked preference”[25].

The keywords in the hereinabove mentioned verses pertinent to the Islamic concept of the universal nature of Human Rights is respect for humanity, which encompassed of all races, both men and women. In addition to this verse, the farewell sermon of the noble Prophet Peace and blessing of Allah be upon him during his last Hajj (pilgrimage). The Messenger of Allah offered sufficient guidance for the ideal human life.  The content of the sermon is summed up as follows“ O people Your God is one; your father is one; no preference of an Arab neither over non-Arab nor of a non-Arab over an Arab or red over black or black over red except for the most righteous, therefore verily most honoured of you is the most righteous”[26]. This last sermon of the Prophet is viewed as the most critical Charter of Human Rights. It made it abundantly clear that the purpose and the most obvious objective of Islamic Law are to preserve the interest of humanity at the highest level.  These interests comprised of the divine rights of individuals bestowed upon them by Almighty Allah that no one including authority can modify or reduce or even suspend under any circumstance except the same Divine Law.

These rights are unlike the Rights granted by our national Assemblies or Parliaments or Kings and Queens and the Presidents. These divine Rights are here to stay forever, sacrosanct, and inviolable. Therefore, in Islam, Rights have been conferred on humanity by their Lord as his bounty and the state has a limited role to play in the granting of Rights.  This is contrary to the western concept of equality of the human race. The idea of the west of justice has its origin in the letter emanated from King of France, Frances I addressed Pope to justify the “capitulation developed the modern idea that humans belonged to human society regardless of their religion”[27].

There are various Human Rights bestowed on the human given enhancing the human capabilities to preserve its dignity whereby discharging its duties and responsibilities as human beings. Moreover, some of the Rights bestowed upon Human beings are the freedom of worship.  Exalted said to His Messenger that” there is no coercion in religion. Undoubtedly, the Right Path has become dissimilar from the wrong path”[28]. The idea of religious freedom was further accentuated in the Chapter of the Holy Quran where Allah Almighty ordered his Prophet to say to these “(cynics in Allah the Almighty God, in His Oneness, in His Angels, in His Books(Quran, Injil and Torah), in His Messengers, in the Day of Resurrection, and in Al-Qadar.)! “I worship not that you do worship”.“Nor will you worship that I do worship. “And I shall not worship that which you are worshipping” “Nor will you worship that which I worship”. “You be with your religion, and I with my religion (Islamic Monotheism” [29]. Of among the human rights in Islam, is the freedom of rationality or rational thinking.  Interest in rationality, and the release of his energy in research and thinking. That Islam works on establishing (rational knowledge or science), which is based on the view of rationality and thinking in the horizons and souls/self “Do they not look in the dominion of the earth and all things that Allah has created”[30]. Allah the Almighty who said “Thinking is Islamic duty did not stop about the (rewards) right. It is what the Quran uttered about it and  it repeated in the Qur’an wherein the words of His Exalted “will you not then take thought”[31]. As He also ordered the rationality and urged on it in so many verses such as the verse His Exalted word “Behold all that is in the heavens and the earth,”[32]  “Are not they see the camels, how they are created?”[33]. Islam repudiated blind imitation, and inertia what forefathers were on before, or what advised or ordered to follow or do by their leaders and dignitaries “When it is said to the pageants “Follow what Allah revealed. “They responded by saying that: “No We shall follow our fore father’s footsteps.”(do they would do that?) even their forefathers did not understand anything, nor were they guided?”[34].  “And they will say pageants “Our Lord! We obeyed our chiefs, and they misled us from the (Right) Way”[35].

An Islam repudiated the following assumption in a place where certainty is required. “While they do not know thereof., They follow but a guess, and verily, guess no substitute for the truth”[36]. Alternatively, follow the passions and emotions which mislead and stray away from the truth “and follow not thereby your desire for it will mislead you from the Path of Allah”[37]. Therefore, rationality/thinking is considered worship. The right to education is considered fundamental human rights. Allah the Almighty instructed the Prophet via this verse to “Read! In the Name of his Lord “Who has created (all that exists)”[38]. From this point of view, seeking knowledge, all kind of knowledge for this matter needed by the state is obligatory for every human race, this includes women. “Seeking knowledge is obligatory on every single Muslim” and the failure to embark on seeking knowledge denigrated /evil and crime. Moreover, it seems that excelling in its fields theoretically and practice, civic and militarily, is a religious duty.

Moreover, all means which will lead to this are duties and following them is a duty.  In addition to this, Islam also welcomes physical education and takes it as a means, not an end. It is the education that gives the body resilience and strengths. The firm believer is better and more beloved to God than the weak believer. Of human rights in Islam, includes maintaining/Preserving psychological, physical health and mental health “your body has right on you”. Of the right of the body to its owner to feed it if it is hungry, relax it if it is tired, cleans it if it is dirty, strengthens if it weakens, and heal it if it is sick.

It understood that what Allah the Almighty (God) revealed sickness except He disclosed remedying for it; its knowledge of His knowledge, and its ignorance of His ignorance”. Islam decided the nature of God in infection, required to take the causes of serums and vaccines, and initiated the legal prevention of diseases in general, exceptionally infectious, and the imposition of quarantine in the case of the epidemic to preserve the health of the group. The requires comprehensive health care, especially for motherhood and childhood, and every worker is entitled to the right to rest, and each patient has the right to be treated and promote the rights of the elderly and the disabled and others with special needs.  The health and besides medical is surrounded by a series of legal rulings, religious and moral directives, which are adhered to by the Muslim doctor, and all of those who assist in matters of prevention, treatment and nursing.

3. COMPATIBILITY AND INCOMPATIBILITY OF THE WESTERN CONCEPTS OF THE UNIVERSAL HUMAN RIGHTS WITH THE ISLAMIC CONCEPTS OF UNIVERSAL HUMAN RIGHTS

The modern concept of the Universal Declaration of Human Rights was proclaimed in 1948. “It is the first time in history that the international community attempted to outline a comprehensive code for the internal government of the United Nations members states” [39] after the declaration, the issue of human rights becomes a worldwide issue, especially when the United Nations General Assembly adopted the Declaration. The declaration of universal human rights consisted of various articles; some of its most significant articles, among them the Declaration of Human Rights claimed that “All human beings born free and equal in dignity and right and that is endowed with reason and conscience and should act towards one another in a spirit of brotherhood”. 

Article 2 of (UDHR) argues that “Everyone is entitled to all rights and freedoms set in this Declaration, without peculiarity of any kind, such as race, culture, sex, language, religion political or another opinion, national or social origin, property, birth or another status”.Article 3 also highlights that “Everyone has the right to life, liberty and security of person “the Article of (UDHR) made it clear that, “No one shall be held in servitude and slave trade, therefore, shall be prohibited in all their form”.  However, looking across the globe, we will see that, the notion of universal human rights is problematic and causing much discontent in the non-western world, especially in Asia, and the Middle Eastern Muslim countries, this does not mean that there are no universal human rights. Some rights are universal that existed in every single human society regardless of cultural differences. However, in addressing the question I would like to say this despite the differences which existed between the advanced western industrialised countries and the third world some aspects of human rights which were proclaimed in 1948, are compatible with other cultures across the globe. It is to say that there are human rights, which existed in every society regardless of their cultural differences, and that reasons are worth championing in all communities.

The classic example of such is the ones mentioned in brief in the previous heading. They are some of the divine Rights entailed in the general philosophy of the Declaration of Islamic universal human rights. Another point that is worth mentioning here is education. Education for all is universal human rights. This idea existed in all societies well before the declaration of universal human rights in 1948, which claimed that each and single human being has legally entitled to know at least how to read and write. Therefore formal education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional training shall be made generally available, and higher education shall be equally accessible to all by merit’; but this is impossible for those that are economically poor, and in some cultures, women are not to be educated at all. These are the main factors that are regarded by many as universal human rights, and are championed in all cultures “these concerns emphasised as core themes of the world's greatest religious and common practice in most non-western societies”[40]. Therefore the notion of universal human rights is compatible with cultural relativity. However, some aspect of the western concept of human rights that cannot work in many ways regarded as incompatible with other cultures across the globe is an individualistic concept of human liberty. This concept put more emphasis on individual freedom such as ‘everyone has right to take part in an election when chosen representatives’; this seems to be impossible in non-western democratic states. Secondly, the idea of all human beings being born free and equal in dignity and rights. This kind of individualistic concept of human morality is problematic and causes much discontent among non-westerners around the globe, especially in Asia, and the Middle Eastern Muslim countries.  So the Western concept of everyone having the right to take part in the political process of their respective country, directly or through freely chosen representatives, seems to be impossible in a conservative Muslim nation. The right to vote which can see in many ways as a component of individual concepts cannot be recognised as incompatible with Islamic culture, because “democracy is a Greek term that means the government of the people. That liberal democracy came into the life of Muslims through the impact of colonialism it has been the most dangerous influence in the colonial legacy”[41]. As the King Fahad of Saudi Arabia cited “The Democratic system that is prevalent in the western world is not a suitable system for the peoples of our region. The system of free elections is not suitable for our country the western idea of a right to vote cannot be regarded as a universal human right”.

Furthermore, the western concept of freedom of religious practice is unacceptable in Muslim society as such. Islamic culture did not legalise freedom of religious traditions. Non-Muslims living in a conservative Muslim country like Saudi Arabia cannot exercise their religions freely as they wish. The nature of the Islamic culture had forbidden them to build churches or possess even the Holly Bible. It owed its origin to a tradition of Prophet Mohammed, who said: “Two religions cannot exist in the country of Arabia”. This statement is contradicted article 18 of the declaration of universal human rights, which noted that “Every human being is entitled to freedom of thought conscience and religion. This right includes freedom to change one’s religious practices worship and observance”. Under the Islamic principle, one does not have the right to change his religion if one is born into a Muslim family. Muslims are glad to accept converts to their religion, but cannot convert to another religion. Whoever did it his or her rewards would be punished by death. “Whoever turns back from his belief, openly or secretly, take him and kill him. Whosesoever you find like any other infidel, separate yourself from him altogether”.

However, what seems to be more realistic is that the individualistic concept of human rights laid down in 1948 is under attack across the third world in general and Muslim nations in particular. However, another point worth mentioning here is the genesis of universal human rights. The concept of universal human rights in many ways owed its origin to European Political philosophy. “The origin of the idea of rights can be found in the theory and practice of politics in medieval Europe that is on the one hand, as an implication of the doctrine of Natural Law, and on the other, as symbolised by documents such as Magna Carta”[42]. Therefore, “Human Rights are inseparable from the mentality of the Enlightenment, and as presently constructed are merchandises of a particular society at a particular time. The Universal Declaration of Human Rights made in 1948 is therefore in the words of Wilson Universal in pretension, not in practice since it is a charter of idealist European political philosophy”. For instance, some governments in Asia like African governments have opposed the principles contained therein as those considered and advocated by the capitalist. Such biased values cannot be wholeheartedly welcome by Third World countries because of differences in culture and differences in social and economic development. Since the individual concept of universal human rights owed its origin in western political philosophy, therefore it is incompatible with other cultures.

4.   ECONOMIC RIGHTS OF WOMEN IN ISLAM

It is noteworthy mentioning that before the advent of the Islamic religion in Arabia in the 6^th century AD, women were in a degrading and humiliating situation. The prevalent injustice of the social, economic and political system of the time favoured men in all aspects; this includes the economic rights of women. The period preceding the rise of the Islamic religion is known as the days of ignorance (Ayam-Al-Jahiliyah). This period under study according to the historical record marred with gross human rights violations, this includes inequality and women were treaties like a pawn.  It was the Islamic religion at its infant stage that raised its voice against the prevalent injustice, oppressive and exploitative system against women and thereby accorded her a place of dignity and honour in the society. In addition to this, fully granted her the rights that she was deprived of before and after Islam such right to the independent ownership of property. In this regard, women have the legal right to their own money, real estate, or other legal properties well-acknowledged within the theoretical and practical framework of Islamic law.

The primary source of such radical attitudinal change towards women was the teaching of the Holy Quran which lectured that ignorant society of equality and justice between human races. It started by saying that “We have created you from a male and a female, and made you into tribes nations, that you do not even know others. After all, therefore, the most honourable of you in the sight of Allah is the believer who has Taqwa (piety and righteousness). Very Allah is All-knowing, All-Aware”[43].  In another verse, Exalted said “O people Be conscious of your Lord, the who has created out of one living unit and out of you, created your mate after that a multitude of men and women. A remain conscious of God, in whose name you demand (your rights) from one another, and these ties of kinship. Very God is ever watchful over you”[44]. In addition to this, the Holy Prophet said: “women are twin halves of men”[45].

From the above citation, it is understood that Islam and the Islamic religion have an unambiguous conception of women’s status in society. Both the Quran and Hadeeth which are the primary sources of legislation in Islam bear witness to the fact that women are at least as vital to life and society as the man himself, and not inferior to him at all. Islam cares for women as a daughter and the wife, mothers and a member of the family unit, as well as in the community. Moreover, provide her with a place to participate in worship and education, and work, especially if they needed it. Alternatively, her family needed it, or the society in need of it with care particular what distinguish it by considering her female and wife and mother who needs to be provided with guarantees especially for her protection and care, even from the husband that if she is abused.

The father is overdoing it or overbearing, and the son if he disobeys and sins and harms provided that does not cancel its duty to care for the home and husband and son. Although one has to accept the fact that caring for the family is the first important task of women without nagging or questioning, and others cannot replace them, that is their role cannot be substituted. As for the surplus time and effort when it exists, women use it to carry out their other social duties; the duties are determined by the different circumstances of the woman herself and the different conditions, needs and development of society. It comprehends and includes all the economic and political activities of the community, both voters and candidates except for the great imamate (religious leadership). Islam considered women partners of men in the burden of calling and preaching and propagating for good, enjoining good and forbidding evil and resisting evil and corruption. “The believers, men and women, are Auliya’ (helpers, supporters, friends, protectors) of one another”[46].   From this perspective, Islam granted women economically active and viable. In normal circumstances, women engage themselves in the four corners of the house to fully control the economic activities. However, the Islamic religion allowed women to go out and participate in various economic activities; this includes our modern economic activities, like running the business, agriculture, and industrial production activities. It is a well-known story in the history of Islam that the first woman ever embraced Islam and the first wife of the prophet Khadija Bent Khuwailed before she was a prominent businesswoman, and after her marriage to the Prophet, she managed the business. In another development, during the reign of Khalifa Umar Ab

الإتحاد العالمي للعلماء المسلمين

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