HUMAN RIGHTS & ISLAM

The Divine and the Mundane in Human Rights Law

By A. E. SOUAIAIA

University of Iowa

Copyright © AHMED SOUAIAIA. All rights reserved.

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Table of Content

Different worlds: An Introduction.. 1

Human Rights Laws In The Religious And Secular Context.. 5

Rights In Early Islam.. 11

Human Rights In THE Qur’an.. 16

Mankind in the Qur’án.. 16

Origins and Nature of Man in the Qur’an. 17

Slavery in the Qur’an. 23

Governance in the Qur’an. 24

Women in the Qur’an. 27

Religious Minorities in the Qur’an. 36

Immigration in the Qur’an. 39

Children and Parents in the Qur’an. 41

Animals and other Creatures in the Qur’an. 44

Coercion in the Qur’an. 45

Freedom of Worship in Qur’an. 49

Personal Property in the Qur’an. 50

Human Rights in the Hadith.. 52

Rights in the Hadíth. 53

Women in Hadíth. 57

Government in Hadith. 62

Penalties in Hadith. 84

Property Rights and other Legal Limitations in Hadith. 88

Review and Analysis Questions.. 99

Human Rights In CLASSICAL IslamIC THOUGHT.. 101

TREATISE ON RIGHTS.. 108

Review and Analysis Questions.. 123

HUMAN RIGHTS & Modern humanism.. 124

Cross-Pollination: Civilizational Transfers. 124

Saint Thomas Aquinas on Law, Morality, and Politics. 126

Human Rights in the West: History & Context. 132

From Declarations to Treaties: Human Rights in International Law Context 140

Emergence & Definitions of International Law. 148

Sources of International Law. 151

Subjects of International Law. 153

Review and Analysis Questions.. 158

Rights In Modern Islamic Thought.. 159

Traditional Shi`ite Perspectives: Muttaheri 160

Adjustment or Abrogation. 167

The Flexibility of Islamic Laws. 176

The Principle of Ijtihad. 182

Woman in Qur'an. 183

Dower and Maintenance. 196

Inheritance. 198

Divorce. 204

Polygamy. 213

Rizvi on Apostasy. 228

Ayatollah Khaminei on Rights. 235

A Sunni Perspective: Mawdudi 238

Human Rights, the West and Islam... 238

Basic Human Rights. 238

Rights of Citizens in an Islamic State. 238

RIGHTS OF ENEMIES AT WAR.. 238

Review and Analysis Questions.. 238

CONCLUSION.. 238

Power, Authority, Morality & the Rule of Law... 238

Bibliography.. 238

Appendix A.. 238

Charter of the United Nations.. 238

Appendix B.. 238

Universal Declaration of Human Rights. 238

Appendix C.. 238

International Covenant on Civil and Political Rights. 238

Appendix D.. 238

International Covenant on Economic, Social and Cultural Rights. 238

Appendix E.. 238

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT^* 238

Appendix f.. 238

The Madinah Charter/Constitution.. 238

Appendix G.. 238

Universal Islamic Declaration of Human Rights.. 238

INDEX.. 238

Different worlds: An Introduction

The notion of human rights—as perceived today—may be a modern one, but civilizations throughout history struggled to define the mechanisms that will govern their relations. In the process they defined their roles, aims, responsibilities, and rights. A closer look at the actual texts—that chronicle this journey to defining the value and worth of the human being as an individual and as a collective—reveals that we do not have a universal consensus on the subject matter. While the Western world prides itself since the Renaissance on championing human rights causes, Eastern civilizations seem to shy away from pushing the concept of individual rights to the forefront. For them, personal responsibility (duties) must have precedent over individual rights.

Notwithstanding this tempting generalization that sets the West and East apart, this selection of readings and commentaries are intended to contribute to the discussion on the history and evolution of this emerging discipline. This document is not intended to analyze legal cases; rather, to unearth some historical documents, and recent commentaries on the principles of human rights taken within the context of Islamic legal and religious traditions as well as within the Western moral philosophy that shaped modern day formulation of the human rights discourse.

The first part of this collection will exclusively treat the Qur’anic text. I have attempted to collect most—if not all—of the references to issues deemed within the scope of human rights laws nowadays. The references are grouped under a number of topics, thus the reader may find the same verse repeated under more than one header. This approach was necessary in order to present a balanced account of the Qur’anic treatment of the various subjects. I have not included any commentaries, opinions, or explanations of the quoted verses.

In a second section, readers will find a selective non-exhaustive collection of the so-called Prophetic Traditions. Again, the materials presented therein are categorized under broader topics, in addition to the collector-based subdivisions. The body of Hadíth in the eminent six books is, to certain extent, a rendition of the same content/tradition in slightly varying chain of narrators or content in worst-case scenario. For this reason, I opted to be very selective in my collection in order to avoid undue redundancy. Only representative and authoritative traditions were considered. Again, this section consists exclusively of translated Prophetic Traditions with no explanations. Readers are encouraged to study the varying tone and attitudes of the two discourses—the Qur’an and the Hadíth—and draw their own conclusions as to the history and authorship of these materials.

A third section is a direct translation of a classical document that is understood to be aimed at the subject of “rights”. In my view, this is an important document for it represents a traditional understanding of the notions of “rights” promoted in the main sources of conventional Islamic law, namely the Qur’an and the Hadíth. The document serves as an anchor for most of the later interpretations provided not only by Shi`ite scholarship, but also by mainstream Sunni thinkers.

The chapter before the last is a modern proclamation of the old principles of human rights as expressed in the classical documents. It is at best, a reaction to the modern criticisms of perceived anti-human rights views on the part of Islam, and a restatement of old values. The Shi’ite works on the subject are of particular significance and that is why a considerable space in this work was reserved to opinions of scholars from that school of thought. That is not to suggest that Sunni contributions are non-existent; rather, because modern Sunni world did not have to provide an official stand on these issues since their system of government did more or less adhere to Western standards on formulating the “on-paper” policies dealing with the questions of human rights. It is only after the 1979 revolution and the establishment of the Islamic Republic in Iran that classical Islamic law doctrines came to the forefront. It is against this background that I have selected the concluding documents. Notwithstanding this reality, I do believe that the inclusion of the document produced by al-Mawdú`í will provide a glimpse of the similar opinions of the Sunni scholarship, which will make it clear that the differences are minimal.

This collection, I believe, is organized in a way that will enable the reader to study some of the human rights issues in the historical context. The reader shall be able to see the presence—or the lack thereof—of legal and religious imperatives that protect basic human rights. By the end of this document, the diligent reader shall be able to understand the historical background and the religious framework that defines the Islamic discourse on the issue of human rights law and its peculiar commitment to upholding international declarations and norms.

I have decided to limit my comments and analysis to the opening of each chapter, and make this a forum for those who subscribe to these views speak for themselves. I trust that the readers will live through the cultural specifications of this characteristic formulation of rights. What struck me as worth pondering on is what I would call the “Inverted Concept of Rights.” This will be especially evident in Zin al-Abidin’s[1] Treatise on Rights. The later commentaries have a different tone, but the principles are the same although many modern Islamic scholars have failed to articulate the religious and historical contexts. This problem will be solved by this collection, tentative that may be, but in the words of the various generations and authors nonetheless.

Table of Content

Human Rights Laws In The Religious And Secular Context

Ever since mankind were faced with conflicting interests and were forced to compete for survival, the need for conflict resolution mechanisms presented itself as the most important social need in order to insure peaceful coexistence and the sharing world resources. Primitive and civilized communities alike developed norms, ethics, and hierarchies that have governed their dealings. We know of tribal chiefs, kings, and leaders who represented the collective will to establish order in any given society; but with the emerging of complex issues and the competing interests that more sophisticated societies’ experience; added to the level of lethal power that some societies have possessed, more dynamic and evolved system of governing became a necessity.

Our world today cannot afford the recklessness that previous civilizations exhibited, for by the push of a button, all forms of life on the face of the planet earth can be wiped out. The world community had long ago recognized this reality and they tried to deal with it. Some attempts were too exclusionary, others were more universal and tended to forge unexpected alliances and a spirit of cooperation between peoples that at one time or another were enemies. The principal challenge remaining today is the distribution of power not only among individuals and groups within the one nation state, but also the problem of power sharing among the various nations that make up the world community.

Despite the cultural and historical differences that distinguish one country from another, these differences remain marginal when it comes to the fundamental makeup of the human race: we all share the desire to grow, succeed, and exist in a prosperous environment. These seemingly harmless desires are nonetheless masking the innate drive to accumulate more than one’s basic needs. There exists the unexplained untamed instinct to control and monopolize the ownership of any thing of value. We are programmed to attain power and to use that power to ensure that it is not lost. Fortunately, we have not—as individuals—reached a consensus on the definition of power: some of us see it manifested in the accumulation of material wealth, others consider it to be the brute force, many would identify it to be synonym with authority, and some would define it as the simple notion of servitude and service to other fellow men. This diversity of perspectives may prove to be the only single human characteristic that enabled mankind to survive numerous challenges brought forth by men and women who thought that they have possessed the absolute power at one point in history or another.

Throughout history, there were individuals who thought that they were gods and that they were above and beyond judgment. They have ruled and built kingdoms beyond ordinary dreams. Little did they know that their conviction and faith in their version of power could be matched by that of a single orphan who identified power as the servitude of the oppressed and the bold challenge to the oppressor. Time and again, history puts these competing notions of power at work, and time and again, history is recycled.

In this work, the prime focus is human rights issues, and the domain is the last historical cycle as we have argued it in another published work. When I first taught a course on human rights law and Islam; I sought to start it with a brief introduction on law in general, international law, history of human rights movements; then I went back in time to look at the questions of rights in the religious context, then returned to the modern world to look at some modern Muslim states constitutions and basic laws; and finally concluding by the struggle of Muslim scholarship to reconcile their historical legal heritage with modern notions of human rights that appear to be in conflict with the classical Islamic law. If this work is to be reduced to one theme—and it can hardly be reduced to that—I would think that it could be all reduced to the competing notions of authority and power verses rights and liberty and how can the former be used in the service of the latter. As we revised the reading materials and the topics of the said course, it has become clear that a chronological order of the events and subjects is advisable. With these conclusions in mind, we proceeded to reorganize this reader. Firstly, we will begin by looking at authority and power in earliest times of Islam, then move on to renaissance times where it is believed that modern day Western views of human rights were conceived, then concluding by the examination of modern Muslim scholarship’s views and interpretations of their legal sources as they incorporate human rights principles into their political and religious systems.

Additionally, one could argue that we cannot critically appraise any document from the point of view of accommodation or denial of rights without first defining what these rights are, or what these rights ought to be. Indeed doing so would amount to framing the notion of “rights” in modern times; hence, subjecting ancient cultures and communities’ values to modernity-centered standards, as some would argue. However, if these ancient values, customs, and teachings continue to shape the way many peoples today define and establish their social structure; then these values ought to be discussed and evaluated against the modern standards of this world in which we live as a collective.

Having said that, it may be limiting to advance a particular theory on what is or what is not a “universal right”. Alternatively, we can reconcile the need for stage-setting and the undesirability of narrowing the scope of discussion by introducing instead, what I would consider to be a framework defined by what a modern layman would understand to be a “universal right” or even a “personal right”. This cursory information would then serve as the launching ground for the discussions and for analyzing the various texts.

In a number of surveys of students, I have asked them to enumerate what they consider to be a “universal right”. The list below is a summary of what was considered by most students to be a fundament right.

1. Right to life

2. Right to Liberty

3. Right to security of person

4. Right not to be held in slavery

5. Right not be subjected to torture

6. Right not be subjected to inhumane degrading treatment

7. Right to recognition as a person before the law

8. Right to equal protection of the law

9. Right to an effective remedy

10. Right to freedom from retroactive legislation

11. Right to privacy

12. Right to freedom of movement

13. Right to residence

14. Right to asylum from persecution

15. Right to a nationality

16. Right not to be arbitrarily deprived of one’s nationality

17. Right to change nationality

18. Right to marry and found family

19. Right to un-coerced choice of the spouse

20. Right to own property alone or in association with others

21. Right to be free from arbitrary deprivation of one’s property

22. Right to freedom of thought

23. Right to freedom of religion

24. Right to freedom of conscience

25. Right to practice one’s religion in private and in public

26. Right to change one’s religion

27. Right to freedom of expression

28. Right to peaceful assembly and association

29. Right to be free from coerced affiliation

30. Right to participate in governance

31. Right to equal access to public services

32. Right to free voting and suffrage

33. Right to an effective remedy

34. Right not be arbitrarily arrested

35. Right not be arbitrarily detained

36. Right to be presumed innocent until proven guilty

37. Right to freedom of movement

Whatever opinion one may hold in regards to the above list, we would like to consider it as a starting point as we look at the documents in the coming chapters. We will have the opportunity to critically appraise the list of rights as stated above and as outlined in the Universal Declaration of Human Rights (UDHR), also appended to this work.

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Rights In Early Islam

Before talking about rights in Islam, we must begin by identifying the individuals and groups who held authority and power and the system that allowed them to gain such things. Tribal councils governed early Arabs. The tribal councils were formed by men of social and economic high-standing. Elements like wealth, health, age, and lineage were factored in as the Arabs and other ethnic groups who inhabited that Arabian land decided on their leaders. Historical evidence shows that religion then, played a major role if it were not one of the strongest social control mechanisms of that time. The emerging of Muhammad as the religious and political figure thus should not be a surprise to no one of that community. But it is naïve to talk about Muhammad’s power and authority outside the religious context. In fact, Muhammad himself did not give that much credit to his personal genius and political savvy; all credit is due to God as we are told over and over. Whatever good happens to us is from God and God alone, but whatever bad strikes us, it is from us and from Satan we read. This system of accreditation remained the most powerful message up until today. So at this stage, Muslims looked at the world through the Qur’ánic lens. Before we examine the Qur'án then, a brief review of the events leading to the establishment of the Qur'ánic state is thus in order.

Before the emergence of Islam, the dominant civilizations of the seventh century were the Byzantium and Sassanian empires. The former ruled the world west and northwest of the Arabian Peninsula, while the latter controlled the northeastern lands. Neither of these powerful civilizations directly ruled over the Arabs, but they had allies who formed some sort of a buffer zone that protected them from raiders and thugs as well as from any advances by one of the supper-powers. As to the Arabs themselves, they lived in tribes and large families known as clans that insured their survival. Additionally, for clans to further their influence and protect their interests, they entered into alliances with other clans resulting in forming powerful umbrella organizations capable of protecting the trade routes and ensuring the transfer of goods across the desert. In Mecca where Muhammad was born and raised, Quraysh was the powerful governing body that was formed out of clan leaders like the Háshimites; Muhammad’s clan.

Muhammad was born to Abdullah and Aminah in Mecca, both died while Muhammad is still at a very young age (Abdullah died before Muhammad was born). His grandfather Abd al-Muttalib, and later his uncle Abu Talib adopted him and raised him along with his other seven children. By the time he reached the age of twenty, Muhammad already became a trustworthy and successful merchant trading using the capital of a rich widow known as Khadíjah whom he married when he reached the age of 25. For the next twenty years, or so, Muhammad solidified his reputation politically; as the peacemaker, and personally; as al-Amín (the trustworthy). During the days he was not traveling with the caravans, he would go into seclusion in a cave near Mecca and meditate. By the time he was forty, and while in the cave known as Hira, we are told that a heavenly being came to him and ordered to him to “read.” Muhammad, who was an illiterate, was surprised and frightened. After a short exchange between the two, Muhammad learned the first four or five verses of what will be known as “al-Qur'án” and thus begins his new career as the Messenger of “The God.” For the next ten years, Muhammad preached the message of God to Quraysh: He insisted that what he was saying was revealed to him directly from God. This new message was by all measures a revolutionary one. Slaves, religious dissenters, and women; became the immediate beneficiaries of this new worldview, and constituted the bulk of the early converts. His pre-revelation reputation and newly found authority afforded him an important political role that could be considered the most important event in the Islamic history, if not the world history. By the turn of the tenth spring since he declared his Prophetship, he met some tribal leaders from the city of Yathrib who were returning to pilgrimage to Mecca. It was reported that he had previously spoke with these same leaders a year or two before. This time though, these leaders converted to the new religion and invited him to come to Yathrib. With the pressure from Quraysh augmenting, and with the death of his wife, Khadijah, and uncle, Abu Talib, who had provided him with political protection and financial support, migration to Yathrib seemed to be the sensible thing to do in order to reach new audience and secure a safe haven to his followers who were routinely persecuted by the tribal council and the masters. On July 16^th of that year, Muhammad arrived in Yathrib which will be known from that point on as “The City of The Prophet” and later simply as “The City” (al-Madínah). This timeframe marks the establishing of the first Islamic state. Muhammad would then rule for more then a decade, and before his demise, almost the entire peninsula would accept the newly found religion. What stands out during this time period is the fact that throughout these later years, Muhammad constituted the sole religious and political authority who determined the proper way for living an Islamic life. But at no point in time, did Muhammad take credit for the achievements, he was simply the Messenger of God, and that is how he wanted his followers to perceive him and tell his story to the next generations of Muslims. He was no genius, he was no king, he was simply a Messenger with a message, and that message was the Qur'án. In other words, if we were to look for human rights principles at this stage, the Qur'án will be the document to study. Not only because it constituted the sole single authoritative document of that time, but also because it will be considered by the generations of scholars to come as the main and prime source of law. In what follows, we will present a near-exhaustive translation of Qur'ánic verses that contained some reference to issues that are considered today essential features of the body of human rights principles. Issues from the nature of man, to the kind of relationship between God-man and man-man, to the status of slaves, women, religious minorities, employment, immigrations, contracts, penalties, governance, and other notions; and any reference to them in the Qur'án will be provided herein. This translation will not be bridged by any commentaries or notes; rather, we would like to let the reader study them as untouched as possible in order to put it in the proper context. There will be ample opportunities to introduce commentaries, criticisms, and defenses in the chapters to follow.

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Human Rights In THE Qur’an

Mankind in the Qur’án

The Qur’an survived in the memory of Muslims, but historians possess enough evidence to argue that it was committed to some form of a written document as early as the first Islamic century. Today, the Qur’an can be examined in Arabic as recorded in a book known for Muslims as al-mushaf al-karim (read muS-Haf: where S is the heavily voiced “s” sound, and H is the voiced “h”). The mushaf [pl. masahif] consists of 114 chapters of varying length; some are as long as 2000 words, others are as short as 10 words. Each chapter consists of verses of varying length as well for a total of nearly 6665 verses, with the first verse being always the basmalah (in the name of God, the merciful, the Beneficent)—except chapter nine. The entire mushaf is further divided in lager units known as the hizb (pl. ahzab, ”h” is voiced), for a total of 60 units. The most recent musahif today indicate whether a chapter is Macci (revealed in Mecca) or madani (revealed in Madinah). The text of the Qur’an is direct speech with no narrator or other human commentaries associated with it. Since there is no standard copy with fixed pages and paragraphs, the Qur’an is generally quoted by identifying the chapter name or number and the verse number. In this collection, we adopted the following format to identify the verses we have translated: [#: #] where the number before the semi-colon is the number of the chapter and the one after refers to the number of the verse. The translated materials are grouped under various themes indicated in each heading. In general, I have quoted only the passage that is relevant to the theme in question, but at times, you will find more then the verse intended for highlighting in order to put the idea in context especially if the verses are too short.

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Origins and Nature of Man in the Qur’an

[2:83] remember We took a Covenant from the Children of Israel (to this effect): worship none but God; treat with kindness your parents and kindred, and orphans and those in need; speak fair to the people; be steadfast in prayer; And practice regular charity. Then did you turn back, except a few among you, and you backslide.

[4:84] Remember We took your Covenant (to this effect): shed no blood amongst you, nor turn out your own people from your homes: and this you solemnly ratified, and to this you can bear witness.

[2:213] Mankind was one single nation, and God sent Messengers with glad tidings and warnings; and with them He sent the Book with the truth, to judge between people in matters wherein they differed; but the People of the Book, after the Clear Signs came to them, did differ among themselves for selfish contumacy. God by His Grace guided the Believers to the Truth, concerning that wherein they differed; for God guides whom He will to a path that is straight.

[2:251] By God's will they routed them: and David slew Goliath; and God gave him power and wisdom and taught him whatever (else) He willed. If God does not check one set of people by means of another, the earth would indeed be full of mischief: but God is full of bounty to all the worlds.

[2:252] These are the Signs of God: We rehearse them to you (the Prophet) in truth: verily you are one of the Messengers.

[3:14] Fair in the eyes of men is the love of things they covet: women and sons; heaped-up hoards of gold and silver; horses branded (for blood and excellence); and (wealth of) cattle and well-tilled land. Such are the possessions of this world's life; but in nearness to God is the best of the goals (to return to).

[3:79] It is not (possible) that a man, to whom is given the Book, and Wisdom, and the Prophetic office, should say to people: "Be my worshippers rather than God's": on the contrary (he would say): "Be worshippers of Him Who is truly the Cherisher of all: for you have taught the Book and you have studied it earnestly."

[3:97] In it are Signs manifest; (for example), the station of Abraham; whoever enters it attains security; pilgrimage thereto is a duty men owe to God, those who can afford the journey; but if any deny faith, God stands not in need of any of His creatures.

[3:110] You (believers) are the best mankind, enjoining what is right, forbidding what is wrong, and believing in God. If only the People of the Book had faith, it was best for them: among them are some who have faith, but most of them are perverted transgressors.

[4:28] God wishes to lighten your burden, for man was created weak.

[4:29] O you who believe, eat not up your property among yourselves in vanities: but let there be amongst you traffic and trade by mutual good-will; nor kill yourselves, for verily God has been to you Most Merciful…

[4:30] If anyone among you do that in rancor and injustice, soon shall We cast them into the fire, and easy it is for God.

[4:58] God commands you to render back your trusts to those to whom they are due; and when you judge between man and man, that you judge with justice. Verily how excellent is the teaching which He gives you. For God is He Who hears and sees all things.

[4:59] O you who believe, obey God, and obey the Messenger, and those in charge of your affairs. If you differ in anything among yourselves, refer it to God and His Messenger, if you do believe in God and the Last Day. That is best, and most suitable for final determination.

[4:105] We have sent down to you the Book in truth, that you might judge between men as guided by God: so be not (used) as an advocate by those who betray their trust;
[4:106] But seek the forgiveness of God; for God is Oft-Forgiving, Most Merciful.

[4:133] If it were His Will, He could destroy you, O mankind, and create another race; for He has power to do this.

[4:161] That they took usury, though they were forbidden; and that they devoured men's substance wrongfully; We have prepared for those among them who reject faith a grievous punishment.

[4:170] O mankind! The Messenger has come to you in truth from God: believe in him; it is best for you. But if you rejected faith, to God belong all things in the heavens and on earth, and God is All-Knowing, All-Wise.

[5:32] On that account, We ordained for the Children of Israel that if anyone slew a person, unless it be for murder or for spreading mischief in the land, it would be as if he slew the whole people; and if anyone saved a life, it would be as if he saved the life of the whole people. Then although there came to them Our Messengers with Clear Signs, Yet, even after that, many of them continued to commit excesses in the land.

[5:116] behold! God will say: "O Jesus, the son of Mary, did you say unto men, 'Worship me and my mother as gods in derogation of God'?" He will say: "Glory to You! Never could I say what I had no right (to say). Had I said such a thing, you would indeed have known it. You know what is in my heart, though I know not what is in Yours; for You know in full all that is hidden.

[7:85] To the people of Madyan, We sent Shu`ayb, one of their own brethren, he said: "O my people! Worship God; you have no other god but Him. Now has come unto you a Clear (Sign) from your Lord! Give just measure and weight, nor withhold from the people the things that are their due; and do no mischief on the earth after it has been set in order; that will be best for you, if you have faith.

[8:26] Call to mind when you were small in number, despised through the land, and afraid that men might despoil and kidnap you; but He provided a safe asylum for you, strengthened you with His aid, and gave you good things for sustenance; so that you might be grateful.

[9:34] O you who believe! There are indeed many among the priests and anchorites, who in falsehood devour the substance of men and hinder (them) from the Way of God; there are those who bury gold and silver and spend it not in the Way of God. Announce unto them a most grievous penalty.

[10:19] Mankind was but one nation, but differed (later). Had it not been for a Word that went forth before from your Lord, their differences would have been settled between them.

[10:44] Verily God will not deal unjustly with man in aught; it is man that wrongs his own soul.

[10:99] If it had been your Lord's Will, they would all have believed, all who are on earth. Will you then compel mankind, against their will, to believe?

[10:108] Say: "O you mankind! Now truth has reached you from your Lord. Those who receive Guidance, do so for the good of their own souls; those who stray, do so to their own loss, and I am not (set) over you to arrange your affairs."

[11:85] "And O my people, give just measure and weight, nor withhold from the people the things that are their due; commit no evil in the land with intent to do mischief.

[11:118] If your Lord had so willed, He could have made mankind one People. However, they will not cease to argue.

[13:1] alif lam mim ra. These are the signs (verses, miracles) of the Book: that which has been revealed unto you from you Lord is the Truth; but most men believe not.

[22:5] O mankind! If you have a doubt about the Resurrection, (consider) that We created you out of dust, then out of sperm, then out of a leech-like clot, then out of a morsel of flesh, partly formed and partly unformed, in order that We may manifest (Our Power) to you; and We cause whom We will to rest in the wombs for an appointed term, then do We bring you out as babies, then (foster you) that you may reach your age of full strength; and some of you are called to die, and some are sent back to the feeblest old age, so that they know nothing after having known (much); you see the earth barren and lifeless, but when We pour down rain on it, it is stirred (to life), it swells, and it puts forth every kind of beautiful growth in pairs.

[22:40] (They are) those who have been expelled from their homes in defiance of reason (for no cause) except that they say, "Our Lord is God;" had not been for God to check one set of people by means of another, there would surely have destroyed monasteries, churches, synagogues, and mosques, in which the name of God is commemorated in abundant measure. God will certainly aid those who aid His (cause); for verily God is Full of Strength, Exalted in Might, (able to enforce His Will).

[23:12] We (God) create Mankind from a quintessence (of clay);

[23:13] Then We make him as (a drop of) sperm in a place of rest (the womb), firmly fixed;

[23:14] Then We make the sperm into a clot (a boneless mass); then of that clot We make a lump of flesh; then We transform that lump into bones and clothed the bones with flesh; thus We develop it into another being; glory be to God, the Best to create.

[23:15] Indeed you are after that going to die.

[23:16] and surely, you will be sent back to life the day of Resurrection.

[26:183] "And withhold not things justly due to men, nor do evil in the land, working mischief.

[35:45] If God was to punish men according to what they deserve, He would not leave on the back of the (earth) a single living creature; but He gives them respite for a stated term; when their term expires, verily God has in His sight all are His servants.

[38:26] O David! We did indeed make you a vicegerent on earth; so you ought to judge between mankind in Truth (and justice); follow not the lusts (of your heart), for they will mislead you from the Path of God; for those who wander astray from the Path of God, is a penalty grievous, for that they forget the Day of Account.

[40:57] assuredly, the creation of the heavens and the earth is a greater (matter) than the creation of mankind: yet most people understand not.

[49:13] O mankind! We created you from a single pair of a male and a female; and made you into nations and tribes, that you may know each other (not that you may despise each other). Verily the most honored of you in the sight of God is (he who is) the most righteous of you. God has full Knowledge and is well-acquainted (with all things).

[83:2] those who, when they have to receive by measure, from men, exact full measure,

[83:3] But when they have to give by measure or weight to people, give less than due.

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Slavery in the Qur’an

[2:178] O you who believe! The law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, and the woman for the woman. But if the brother of the slain makes any remission, then grant any reasonable demand, and compensate him with handsome gratitude. This is a concession and a mercy from your Lord. After this, whoever exceeds the limits shall be in grave penalty.

[2:179] in the law of equality there is (saving of) life to you, O you people of understanding; that you may restrain yourselves.

[4:92] Never should a believer kill a believer; but (if it so happens) by mistake, (compensation is due); if one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (is enough). If he belonged to a people with whom you have a treaty of mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to God; for God has all Knowledge and all Wisdom.

[5:89] God will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths you have sworn; but keep to your oaths. Thus God makes clear to you His Signs, so that you may be grateful.

[18:65] so they found one of Our servants, on whom We had bestowed mercy from Ourselves and whom We had taught knowledge from Our own Presence.

[58:3] But those who divorce their wives by way of zihar; then, wish to go back on the words they uttered, (it is ordained that such a one) should free a slave before they touch each other; these are what you are admonished to perform: and God is well-acquainted with (all) that you do.

[58:4] If any has not (the wherewithal), he should fast for two months consecutively before they touch each other. But if any is unable to do so, he should feed sixty indigent ones. This, that you may show your faith in God and His Messenger, those are limits (set by) God. For those who reject (Him), there is a grievous penalty.

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Governance in the Qur’an

[3:79] it is not (possible) that a man, to whom is given the Book, and Wisdom, and the Prophetic office, should say to people: "Be my worshippers rather than God's": on the contrary (he would say): "Be worshippers of Him Who is truly the Cherisher of all; for you have taught the Book and you have studied it earnestly."

[4:58] God command you to render back your Trusts to those to whom they are due; and when you judge between man and man, that you judge with justice; verily how excellent is the teaching which He gives you! For God is He Who hears and sees all things.

[4:59] O you who believe! Obey God, and obey the Messenger, and those charged with authority among you. If you differ in anything among yourselves, refer it to God and His Messenger, if you do believe in God and the Last Day; that is best, and most suitable for final determination.

[5:43] But why do they come to you for decision, when they have (their own) Law before them? Therein is the (plain) command of God; yet even after that, they would turn away; for they are not (really) people of faith.

[5:44] It was We who revealed the law (to Moses); therein was guidance and light. By its standard the Jews have been judged, by the Prophets who bowed to God's Will, by the Rabbis and the doctors of law; for to them was entrusted the protection of God's Book, and they were witnesses thereto; therefore fear not people, but fear Me, and sell not My Signs for a miserable price. If any do fail to judge by (the light of) what God has revealed, they are (no better than) Unbelievers.

[5:50] Do they then seek after a judgment of (the Days of) Ignorance? But who, for a people whose faith is assured, can give better judgment than God?

[5:51] O you who believe! Take not the Jews and the Christians for your friends and protectors; they are but friends and protectors to each other. He amongst you who turns to them (for friendship) is of one them. Verily God guides not a people unjust.

[5:52] those in whose hearts there is a disease, you see how eagerly they run about amongst them, saying: "We do fear lest a change of fortune bring us disaster.” Surely, perhaps God will give (you) victory, or a decision according to His Will. Then will they repent of the thoughts which they secretly harbored in their hearts.

[6:57] Say: "For me, I (work) on a clear Sign from my Lord, but you reject Him. What you would see hastened, is not in my power. Governance authority rests with none but God: He declares the Truth, and He is the best of Governors."

[6:62] Then are people returned unto God; their True Protector surely His is the one with Governance authority, and He is the Swiftest in taking account.

[6:89] these were the men to whom We gave the Book, and authority, and Prophethood: if these (their descendants) reject them, behold! We shall entrust their charge to a new people who reject them not.

[6:114] Say: "Shall I seek for ruler other than God? When He it is Who has sent unto you the Book, explained in detail." They know full well, to whom We have given the Book, that it has been sent down from your Lord in truth. Never be then of those who doubt.

[12:22] When Joseph attained his full manhood, We gave him power and knowledge; thus do We reward those who do right.

[12:67] Further he said: "O my sons! Enter not all from one gate; rather, enter from different gates. Not that I can profit you aught against God (with my advice); none can Governance authority except God’s; on Him do I put my trust; and let all that trust put their trust on Him."

[13:41] don’t they see that We reduced the earth from its polars? (Where) God commands, there is none to reverse His command: and He is Swift in calling to account.

[18:26] Say: "God knows best how long they stayed; with Him is (the knowledge of) the secrets of the heavens and the earth: how clearly He sees, how finely He hears (everything)! They have no protector other than Him; nor does He share His Command with any person whatsoever.

[21:78] remember David and Solomon, when they give judgment in the matter of the field into which the sheep of certain people had strayed by night; We did witness their judgment.

[40:12] (The answer will be) "this is because, when God was invoked as the only (object of worship), you did reject faith, but when partners were joined to Him, you believed. Governance authority is with God, Most High, and Most Great."

[41:16] We did aforetime grant to the Children of Israel the Book, governance authority, and Prophethood; We gave them, for sustenance, things good and pure; and We favored them above all other nations.

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Women in the Qur’an

[2:14] Fair in the eyes of men is the love of things they covet: women and sons; heaped-up hoards of gold and silver; horses branded (for blood and excellence); and (wealth of) cattle and well-tilled land. Such are the possessions of this world's life; but in nearness to God is the best of the goals (to return to).

[2:49] remember, We delivered you from the people of Pharaoh; they set you hard tasks and punishments, slaughtered your sons and let your womenfolk live; therein was a tremendous trial from your Lord.

[2:187] Permitted to you, on the night of the fasts, sexual intercourse with your wives. They are your garments and you are their garments. God knows what you used to do secretly among yourselves; but He turned to you and forgave you; so now associate with them, and seek what God has ordained for you, and eat and drink until the white thread appears to you distinct from the black thread; then complete your fast until the night appears; but do not associate with your wives while you are in retreat in the mosques. Those are limits (set by) God: approach not nigh thereto. Thus God makes clear His Signs to men: that they may learn self-restraint.

[2:223] Your wives are as a cover unto you; so approach your wives when or how you will; but do some good act for your souls beforehand; and fear God, and know that you are to meet Him (in the Hereafter), and give (these) good tidings to those who believe.

[2:226] For those who take an oath for abstention from their wives, a waiting for four months is ordained; if then they return, God is Oft-Forgiving, Most Merciful,

[2:227] but if their intention is firm for divorce, God hears and knows all things.

[2:228] Divorced women shall wait concerning themselves for three monthly periods. Also, it is not lawful for them to hide what God has created in their wombs, if they have faith in God and the Last Day. Their husbands have the better right to take them back in that period, if they wish for reconciliation. Women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. God is Exalted in Power, He is Wise.

[2:231] When you divorce women, and they fulfill the term of their (iddah), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if anyone does that, he wrongs his own soul. Do not treat God's Signs as a jest, but solemnly rehearse God's favors on you, and the fact that He sent down to you the Book and Wisdom, for your instruction; and fear God, and know that God is well-acquainted with all things.

[2:232] when you divorce women, and they fulfill the term of their (iddah), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms. This instruction is for all amongst you who believe in God and the Last Day. That is (the course making for) most virtue and purity amongst you, and God knows, and you know not.

[2:233] it is herein sanctioned that the mothers shall breastfeed their offspring for two full years; if the father desires to complete the term; but he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be treated unfairly on account of her child; nor the father on account of his child, and heir shall be chargeable in the same way, if they both decide on weaning, by mutual consent, and after due consultation, there is no blame on them. If you decide on a foster-mother for your offspring there is no blame on you, provided you pay (the mother) what you offered, on equitable terms. But fear God and know that God sees well what you do.

[2:235] there is no blame on you if you make an offer of betrothal or hold it in your hearts. God knows that you cherish them in your hearts; but do not make a secret contract with them except that you speak to them in terms honorable, do not resolve on the tie of marriage until the term prescribed is fulfilled; know that God knows what is in your hearts, and take heed of Him; and know that God is Oft-Forgiving, Most Forbearing.

[2:236] There is no blame on you if you divorce women before consummation or the fixation of their dower; but bestow on them (a suitable gift), the wealthy according to his means, and the poor according to his means; a gift of a reasonable amount is due from those who wish to do the right thing.

[2:237] if you divorce them before consummation, but after the fixation of a dower for them, then the half of the dower (is due to them), unless they remit it or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness and do not forget liberality between yourselves. For God sees well all that you do.

[3:42] Behold! The angels said: "O Mary! God has chosen you and purified you, chosen you above the women of all nations.

[4:3] If you fear that you shall not be able to deal justly with the orphans, marry free non-orphan women of your choice, twos, or threes, or fours; but if you fear that you shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess. That will be more suitable, to prevent you from doing injustice.

[4:4] give the women (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer.
[4:5] To those weak of understanding make not over your property, which God has made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice.

[4:7] From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large, a determinate share.

[4:11] God (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. You know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by God; and God is All-Knowing, All-Wise.

[4:15] If any of your women are guilty of lewdness (same sex acts as per some commentaries), take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or God ordain for them some (other) way.

[4:19] O you who believe! You are forbidden to inherit women against their will. You should not treat them with harshness, that you may take away part of the dower you have given them, except where they have been guilty of open lewdness (fahishah); on the contrary, live with them on a footing of kindness and equity. If you take a dislike to them it may be that you dislike a thing, and God brings about through it a great deal of good.

[4:20] if you decide to take one wife in place of another, even if you had given the latter a whole treasure for dower, take not the least bit of it back; would you take it by slander and a manifest wrong?

[4:23] Prohibited to you (for marriage) are: your mothers, daughters, sisters; father's sisters, mother's sisters; brother's daughters, sister's daughters; foster-mothers (who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom you have gone, no prohibition if you have not gone in; (those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for God is Oft-Forgiving, Most Merciful.

[4:24] Also (prohibited are) women already married, except those whom your right hands possess: thus has God ordained (prohibitions) against you: except for these, all others are lawful; provided you seek (them in marriage) with gifts from your property, desiring chastity, not lust. Seeing that you derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, you agree mutually (to vary it), there is no blame on you, and God is All-Knowing All-Wise.

[4:25] If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess: and God has full knowledge about your faith. You are one from another: wed them with the leave of their owners, and give them their dowers, according to what is reasonable: they should be chaste, not lustful, nor taking paramours: when they are taken in wedlock, if they fall into shame, their punishment is half that for free women. This (permission) is for those among you who fear sin; but is better for you that you practice self-restraint; God is Oft-Forgiving, Most Merciful.

[4:32] in no wise covet those things in which God has bestowed His gifts more freely on some of you than on others: to men is allotted what they earn, and to women what they earn: but ask God of His bounty. For God has full knowledge of all things.
[4:33] For the (benefit) of every one, We have appointed sharers and heirs to property left by parents and relatives. To those, also, to whom your right hand was pledged, give their due portion. For truly God is witness to all things.

[4:34] Men are maintainers (qawwamun) of women, with what God has favored some of them over others, and because of what they have spent on them from their own wealth. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what God would have them guard. As to those women on whose part you fear mischief (nushuz), admonish them (first), (next), refuse to share beds with them, (and last) beat them (lightly); but if they return to obedience, seek not against them means (of annoyance): for God is Most High, Great (above you all).

[4:127] They ask your instruction concerning the Women. Say: God will instruct you about them; and (remember) what has been rehearsed unto you in the Book, concerning the orphans of women to whom you give not the portions prescribed, and yet whom you desire to marry, as also concerning the children who are weak and oppressed; that you stand firm for justice to orphans. There is not a good deed which you do, but God is well-acquainted therewith.

[4:128] If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed. But if you do good and practice self-restraint, God is well-acquainted with all that you do.

[4:129] You are never able to be fair and just as between women, even if it is your ardent desire: but turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). If you come to a friendly understanding, and practice self-restraint, God is Oft-Forgiving, Most Merciful.

[4:176] They ask you for a legal decision; say: God directs (thus) about those who leave no descendants or ascendants as heirs: if it is a man who dies, leaving a sister but no child, she shall have half the inheritance, if (the deceased was) a woman, who left no child, her brother takes her inheritance; if there are two sisters, they shall have two-thirds of the inheritance (between them); if there are brothers and sisters, (they share), wherein the male having twice the share of the female. Thus God make clarifies to you (His law), lest you err. God has knowledge of all things.

[24:31] Say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husbands' fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the desire for sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. O you Believers! Turn you all together towards God, that you may attain Bliss.

[24:60] Such elderly women as are past the prospect of marriage, there is no blame on them if they lay aside their (outer) garments, provided they make not a wanton display of their beauty; but it is best for them to be modest: and God is One Who sees and knows all things.

[33:30] O Consorts of the Prophet! If any of you were guilty of evident unseemly conduct, the punishment would be doubled to her, and that is easy for God.

[33:32] O Consorts of the Prophet! You are not like any of the (other) women: if you do fear (God), be not too complaisant of speech, lest one in whose heart is a disease should be moved with desire; but speak you a speech (that is) just.

[33:33] Stay quietly in your houses, and make not a dazzling display, like that of the former Times of Ignorance; and establish regular prayer, and give regular charity; and obey God and His Messenger. God only wishes to remove all abomination from you, you Members of the Family, and to make you pure and spotless.

[33:59] O Prophet! Tell your wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad); that is most convenient, that they should be known (as such) and not molested. God is Oft-Forgiving, Most Merciful.

[49:11] O you who believe! Let not some men among you laugh at others; it may be that the (latter) are better than the (former); nor let some women laugh at others: it may be that the (latter) are better than the (former): nor defame nor be sarcastic to each other, nor call each other by (offensive) nicknames; ill-seeming is a name connoting wickedness, (to be used of one) after he has believed; and those who do not desist are (indeed) doing wrong.

[49:12] O you who believe! Avoid suspicion as much (as possible); for suspicion in some cases is a sin; and spy not on each other, nor speak ill of each other behind their backs. Would any of you like to eat the flesh of his dead brother? Nay, you would abhor it. So fear God; for God is Oft-Returning, Most-Merciful.

[58:2] If any men among you divorce their wives by zihar (by uttering: you are to me like my mother), they cannot be their mothers; none can be their mothers except those who gave them birth. In fact they use words (both) iniquitous and false; but truly God is One that blots out (sins), and forgives (again and again).

[58:3] But those who divorce their wives by zihar, then wish to go back on the words they uttered, (it is ordained that such a one) should free a slave before they touch each other; to this, you are admonished to perform, and God is well-acquainted with (all) that you do.

[58:4] if any has not (the wherewithal), he should fast for two months consecutively before they touch each other. But if any is unable to do so, he should feed sixty indigent ones. This, that you may show your faith in God and His Messenger, those are limits (set by) God. For those who reject (Him), there is a grievous penalty.

[65:1] O Prophet! When you do divorce women, divorce them at their prescribed periods, and count (accurately) their prescribed periods: and fear God your Lord; and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by God; and any who transgresses the limits of God, does verily wrong his (own) soul; you know not if perchance God will bring about thereafter some new situation.

[65:4] Such of your women as have passed the age of monthly courses, for them the prescribed period, if you have any doubts, is three months, and for those who have no courses (it is the same); for those who carry (life within their wombs), their period is until they deliver their babies; and for those who fear God, He will make their path easy.

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Religious Minorities in the Qur’an

[2:62] Those who believe (Muslims), and those who follow the Jewish (scriptures), and the Christians and the Sabians, any who believe in God and the Last Day, and do righteousness, shall have their reward with their Lord; on them shall be no fear, nor shall they grieve.

[2:109] A number of the People of the Book wish they could turn you (people) back to infidelity after you have believed. From selfish envy, after the truth has become manifest unto them; but forgive and overlook, until God accomplishes His purpose; for God has power over all things.

[3:64] Say: "O People of the Book! Come to common terms as between us and you: that we worship none but God; that we associate no partners with Him; that we establish not, from among ourselves, Lords and patrons other than God." If then they refuse, say you: "Bear witness that we are Muslims (bowing to God's Will)."

[3:65] You People of the Book! Why dispute you about Abraham, when the law and the Gospel were not revealed until after him? Have you no understanding?

[3:75] Among the People of the Book are some who, if entrusted with a hoard of gold, will (readily) pay it back; others, who, if entrusted with a single silver coin, will not repay it unless you constantly stop demanding, because, they say, "There is no call on us (to keep faith) with these ignorant (Pagans)." But they tell a lie against God, and (well) they know it.

[3:110] You are the best of peoples, evolved for mankind, enjoining what is right, forbidding what is wrong, and believing in God. If only the People of the Book had faith, it was best for them; among them are some who have faith, but most of them are perverted transgressors.

[3:199] there are, certainly, among the People of the Book, those who believe in God, in the revelation to you, and in the revelation to them, bowing in humility to God: they will not sell the Signs of God for a miserable gain! For them is a reward with their Lord, and God is swift in account.

[4:171] O People of the Book! Commit no excesses in your religion; and say not of God aught but the truth. Jesus Christ, the son of Mary, was (no more than) A Messenger of God, and His Word, which He bestowed on Mary, and a Spirit proceeding from Him; so believe in God and His Messengers. Say not "Trinity"; desist; it will be better for you; for God is One God; glory be to Him; (far Exalted is He) above having a son. To Him belong all things in the heavens and on earth. Enough is God as a Disposer of affairs.

[5:19] O People of the Book! Now has come unto you, making (things) clear unto you, Our Messenger, after the break in (the series of) Our Messengers, lest you should say: "There came unto us no bringer of glad tidings and no Warner (from evil)"; but now has come unto you a bringer of glad tidings and a Warner (from evil). God has power over all things.

[5:59] Say: "O People of the Book! Do you disapprove of us for no other reason than that we believe in God and the revelation that has come to us and that which came before (us) and (perhaps) that most of you are rebellious and disobedient?"

[5:68] Say: "O People of the Book! You have no ground to stand upon unless you stand fast by the law, the Gospel, and all the revelation that has come to you from your Lord. "It is the revelation that comes to you from your Lord, that increases in most of them their obstinate rebellion and blasphemy. But sorrow you not over (these) people without faith.

[5:77] Say: "O People of the Book! Exceed not in your religion the bounds (of what is proper) trespassing beyond the truth, nor follow the vain desires of people who went wrong in times gone by, who misled many, and strayed (themselves) from the even Way.

[29:46] dispute you not with the People of the Book, except with means better (than mere disputation), unless it be with those of them who inflict wrong (and injury); but say, "We believe in the Revelation which has come down to us and in that which came down to you; our God and your God is One; and it is to Him we bow (in Islam)."

[5:69] Those who believe, those who follow the Jewish (scriptures), and the Sabians and the Christians—any who believe in God and the Last Day, and work righteousness—on them shall be no fear, nor shall they grieve.

[22:17] those who believe, those who follow the Jewish (scriptures), and the Sabians, Christians, Magians, and Polytheists, God will judge between them on the Day of Judgment: for God is witness of all things.

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Immigration in the Qur’an

[4:97] when angels take the souls of those who die in sin against their souls, they say: "In what (plight) were you?" They reply: "Weak and oppressed were we in the earth." They say: "Was not the earth of God spacious enough for you to move yourselves away (from evil)?" Such men will find their abode in Hell, what an evil refuge!

[4:100] He who forsakes his home in the cause of God, finds in the earth many a refuge, wide and spacious: should he die as a refugee from home for God and His Messenger, his reward becomes due and sure with God: and God is Oft-Forgiving, Most Merciful.

[4:75] those who accept faith subsequently, and adopt exile, and fight for the faith in your company, they are of you. But kindred by blood have prior rights against each other in the Book of God. Verily God is well-acquainted with all things.

[9:20] those who believe, and suffer exile and strive with might and main, in God's cause, with their goods and their persons, have the highest rank in the sight of God: they are the people who will achieve (salvation).

[9:100] the vanguard (of Islam), the first of those who forsook (their homes) and of those who gave them aid, and (also) those who follow them in (all) good deeds, well-pleased is God with them, as are they with Him: for them Has He prepared Gardens under which rivers flow, to dwell therein forever: that is the supreme Felicity.

[16:110] But verily your Lord, - to those who leave their homes after trials and persecutions, and who thereafter strive and fight for the faith and patiently persevere - your Lord, after all this is Oft-Forgiving, Most Merciful.

[24:22] Let not those among you who are endued with grace and amplitude of means resolve by oath against helping their kinsmen, those in want, and those who have left their homes in God's cause: let them forgive and overlook: do you not wish that God should forgive you? For God is Oft-Forgiving, Most Merciful.

[59:8] (Some part is due) to the indigent Muhajirun, those who were expelled from their homes and their property, while seeking Grace from God and (His) Good Pleasure, and aiding God and His Messenger: such are indeed the sincere ones;

[59:9] But those who, before them, had homes (in Medina) and had adopted the faith, show their affection to such as came to them for refuge, and entertain no desire in their hearts for things given to the (latter), but give them preference over themselves, even though poverty was their (own lot). Those saved from the covetousness of their own souls; they are the ones that achieve prosperity.

[59:9] But those who, before them, had homes (in Medina) and had adopted the faith, show their affection to such as came to them for refuge, and entertain no desire in their hearts for things given to the (latter), but give them preference over themselves, even though poverty was their (own lot). Those saved from the covetousness of their own souls; they are the ones that achieve prosperity.

[60:10] O you who believe! When there come to you believing women refugees, examine (and test) them: God knows best as to their faith: if you ascertain that they are believers, then send them not back to the non-believers. They are not lawful (wives) for the non-believers, nor are the (non-believers) lawful (husbands) for them. however pay the non-believers what they have spent (on their dower). There will be no blame on you if you marry them on payment of their dower to them. But hold not to the guardianship of non-believing women: ask for what you have spent on their dowers, and let the (non-believers) ask for what they have spent (on the dowers of women who come over to you). Such is the Command of God: He judges (with justice) between you. God is full of knowledge and Wisdom.

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Children and Parents in the Qur’an

[2:83] remember We took a covenant from the Children of Israel (to this effect): worship none but God; treat with kindness your parents and kindred, and orphans and those in need; speak fair to the people; be steadfast in prayer; and practice regular charity. Then did you turn back, except a few among you, and you backslide (even now).

[2:180] It is prescribed, when death approaches any of you, if he leave any goods, that he make a bequest to parents and next of kin, according to reasonable usage; this is due from the God-fearing.

[2:215] They ask you what they should spend (in charity). Say: Whatever you spend that is good is for parents and kindred and orphans and those in want and for wayfarers. Whatever you do that is good, God knows it well.

[2:233] Mothers shall breastfeed their children for two whole years, if the father desires to complete the term; but he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be treated unfairly on account of her child. Nor father on account of his child, and heir shall be chargeable in the same way, if they both decide on weaning, by mutual consent, and after due consultation, there is no blame on them. If you decide on a foster-mother for your offspring there is no blame on you, provided you pay (the mother) what you offered, on equitable terms. But fear God and know that God sees well what you do.

[4:11] God (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. You know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by God; and God is All-Knowing, All-Wise.

[4:33] to the benefit every one, We have appointed sharers and heirs to property left by parents and relatives. To those, also, to whom your right hand was pledged, give their due portion. For truly God is witness to all things.

[4:36] Serve God, and join not any partners with Him; and do good to parents, kinsfolk, orphans, those in need, neighbors who are near neighbors who are strangers, the companion by your side, the way-farer (you meet) and what your right hands possess: for God loves not the arrogant, the vainglorious.

[4:135] O you who believe! Stand out firmly for justice, as witnesses to God, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for God can best protect both. Follow not the lusts (of your hearts), lest you swerve, and if you distort (justice) or decline to do justice, verily God is well-acquainted with all that you do.

[6:137] Even so, in the eyes of most of the pagans, their "partners" made alluring the slaughter of their children, in order to lead them to their own destruction, and cause confusion in their religion. If God had willed, they would not have done so: but leave alone them and their inventions.

[17:23] Your Lord has decreed that you worship none but Him, and that you be kind to parents. Whether one or both of them attain old age in your life, say not to them a word of contempt, nor repel them, but address them in terms of honor.

[17:24], out of kindness, lower to them the wing of humility, and say: "My Lord! Bestow on them Your Mercy even as they cherished me in childhood."

[17:25] Your Lord knows best what is in your hearts: if you do deeds of righteousness, verily He is Most Forgiving to those who turn to Him again and again (in true penitence).

[31] Kill not your children for fear of want: We shall provide sustenance for them as well as for you. Verily the killing of them is a great sin.

[17:32] Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils).

[17:33] Nor take life - which God has made sacred - except for just cause. If anyone is slain wrongfully, We have given his heir authority (to demand Qisás or to forgive): but let him not exceed bounds in the matter of taking life; for he is helped (by the law).

[17:34] Come not nigh to the orphan's property except to improve it, until he attains the age of full strength; and fulfill (every) engagement, for (every) engagement, will be enquired into (on the Day of Reckoning).

[29:8] We have enjoined on man kindness to parents: but if they (either of them) strive (to force) you to join with Me (in worship) anything of which you hast no knowledge, obey them not. You have (all) to return to Me, and I will tell you (the truth) of all that you did.

[31:14] We have enjoined on man (To be good) to his parents: in travail upon travail did his mother bear him, and in years twain was his weaning: (hear the command), "Show gratitude to Me and to your parents: to Me is (your final) Goal.

[46:15] We have enjoined on man kindness to his parents: in pain did his mother bear him, and in pain did she give him birth. The carrying of the (child) to his weaning is (a period of) thirty months. At length, when he reaches the age of full strength and attains forty years, he says: "O my Lord! Grant me that I may be grateful for Your favor which You hast bestowed upon me, and upon both my parents, and that I may work righteousness such as You may approve; and be gracious to me in my issue. Truly have I turned to You and truly do I bow (to You) in Islam."

[60:12] O Prophet! When believing women come to you to take the oath of fealty to you, that they will not associate in worship any other thing whatever with God, that they will not steal, that they will not commit adultery (or fornication), that they will not kill their children, that they will not utter slander, intentionally forging falsehood, and that they will not disobey you in any just matter; then do you receive their fealty, and pray to God for the forgiveness (of their sins): for God is Oft-Forgiving, Most Merciful.

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Animals and other Creatures in the Qur’an

[2:164] Behold! In the creation of the heavens and the earth; in the alternation of the Night and the Day; in the sailing of the ships through the ocean for the profit of mankind; in the rain which God sends down from the skies, and the life which He gives therewith to an earth that is dead; in the beasts of all kinds that He scatters through the earth; in the change of the winds and the clouds which they trail like their slaves between the sky and the earth, (here) indeed are Signs for a people that are wise.

[6:38] There is not an animal (that lives) on the earth, nor a being that flies on its wings, but (forms part of) communities like you. Nothing have We omitted from the Book, and they (all) shall be gathered to their Lord in the end.

[6:99] It is He Who send down rain from the skies; with it We produce vegetation of all kinds: from some We produce green (crops), out of which We produce grain, heaped up (at harvest); out of the date palm and its sheaths (come) clusters of dates hanging low and near: and (then there are) gardens of grapes, and olives, and pomegranates, each similar (in kind) yet different (in variety): when they begin to bear fruit, feast your eyes with the fruit and the ripeness thereof. Behold! In these things there are Signs for people who believe.

[11:6] There is no moving creature on earth but its sustenance depends on God: He knows the time and place of its definite abode and its temporary deposit: all is in a clear Record.

[20:53] "He Who has made for you the earth like a carpet spread out; has enabled you to go about therein by roads (and channels); and has sent down water from the sky." With it have We produced diverse pairs of plants each separate from the others.

[24:45] God has created every animal from water: of them there are some that creep on their bellies; some that walk on two legs; and some that walk on four. God creates what He wills: for verily God has power over all things.

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Coercion in the Qur’an

[2:62] Those who believe (Muslims), and those who follow the Jewish (scriptures), and the Christians and the Sabians, any who believe in God and the Last Day, and work righteousness, shall have their reward with their Lord; on them shall be no fear, nor shall they grieve.

[2:256] Let there be no compulsion in religion: Truth stands out clear from Error: whoever rejects evil and believes in god has grasped the trust worthiest handhold that never breaks; and God hears and knows all things.

[4:19] O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness, that you may take away part of the dower you have given them, except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If you take a dislike to them it may be that you dislike a thing, and God brings about through it a great deal of good.

[5:69] Those who believe, those who follow the Jewish (scriptures), and the Sabians and the Christians—any who believe in God and the Last Day, and work righteousness—on them shall be no fear, nor shall they grieve.

[9:1] A (declaration) of immunity from God and His Messenger, to the pagans with whom you have contracted mutual alliances:

[9:2] Go you, then, for four months, backwards and forwards, (as you will), throughout the land, but know that you cannot frustrate God (by your falsehood) but that God will cover with shame those who reject Him.

[9:3] an announcement from God and His Messenger, to the people (assembled) on the day of the Great Pilgrimage—that God and His Messenger dissolve (treaty) obligations with the pagans. If then, you repent, it will be best for you; but if you turn away, know that you cannot frustrate God; and proclaim a grievous penalty on those who reject faith.

[9:4] (But the treaties are) not dissolved with those pagans with whom you have entered into alliance and who have not subsequently failed you in aught, nor aided anyone against you. So fulfill your engagements with them to the end of their term: for God loves the righteous.

[9:5] But when the forbidden months are past, then fight and slay the pagans wherever you find them, and seize them, beleaguer them, and wait for them in every stratagem (of war); but if they repent, and establish regular prayers and practice regular charity, then open the way for them; for God is Oft-Forgiving, Most Merciful.

[9:6] If one amongst the pagans ask you for asylum, grant it to him, so that he may hear the word of God; and then escort him to where he can be secure; that is because they are men who know naught.

[9:7] How can there be a covenant, with God and His Messenger, with the pagans, except those with whom you made a treaty near the Sacred Mosque? As long as these stand true to you, you ought to stand true to them; for God loves the righteous.

[9:8] How (can there be such a covenant), seeing that if they get an advantage over you, they respect not in you the ties either of kinship or of covenant? With (fair words from) their mouths they entice you, but their hearts are averse from you; and most of them are rebellious and wicked.

[9:9] The Signs of God have they sold for a miserable price, and (many) have they hindered from His way; evil indeed are the deeds they have done.

[9:10] In a believer they respect not the ties either of kinship or of covenant; it is they who have transgressed all bounds.

[9:11] But (even so), if they repent, establish regular prayers, and practice regular charity, they are your brethren in faith; (thus) do We explain the Signs in detail, for those who understand.

[9:12] But if they violate their oaths after their covenant, and taunt you for your faith, you ought to fight the chiefs of disbelief; for their oaths are nothing to them; that thus they may be restrained.

[9:13] Will you not fight people who violated their oaths, plotted to expel the Messenger, and took the aggressive by being the first (to assault) you? Do you fear them? Nay, it is God Whom you should more justly fear, if you believe!

[9:14] Fight them, and God will punish them by your hands, cover them with shame, help you (to victory) over them, and heal the believers,

[9:15] still the indignation of their hearts; for God will turn (in mercy) to whom He will; and God is All-Knowing, All Wise.

[9:16] Or do you think that you shall be abandoned, as though God did not know those among you who strive with might and main, and take none for friends and protectors except God, His Messenger, and the (community of) believers; but God is well-acquainted with (all) that you do.

[9:17] It is not for such as join gods with God, to visit or maintain the mosques of God while they witness against their own souls to infidelity. The works of such bear no fruit; in fire shall they dwell.

[9:18] The mosques of God shall be visited and maintained by those who believe in God and the Last Day, establish regular prayers, and practice regular charity, and fear none (at all) except God. It is they who are expected to be on true guidance.

[10:99] If it had been your Lord's Will, they would all have been made to believe, all who are on earth; you should not then compel people, against their will, to believe.

[16:106] Anyone who, after accepting faith in God, utters Unbelief—except under compulsion, his heart remaining firm in faith—but such as open their breast to disbelief, on them is Wrath from God, and theirs will be a dreadful penalty

[22:17] Those who believe, the Jews, and the Sabians, Christians, Magians, and Polytheists, God will judge between them on the Day of Judgment: for God is witness of all things.

[24:33] Let those who find not the wherewithal for marriage keep themselves chaste, until God gives them means out of His grace. If any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum), give them such a deed if you know any good in them; do give them something out of the means which God has given to you. However, force not your maids to prostitution when they desire chastity, in order that you may make a gain in the goods of this life. If anyone compels them, yet, after such compulsion, is God Oft-Forgiving, Most Merciful (to them).

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Freedom of Worship in Qur’an

[2:62] Those who believe (Muslims), and those who follow the Jewish (scriptures), and the Christians, and the Sabians; anyone who believe in God and the Last Day, and work righteousness, shall have their reward with their Lord; on they shall have no fear, nor shall they grieve.

[5:69] Those who believe, the Jews, and the Sabians, and the Christians—any who believe in God and the Last Day, and work righteousness—all of them shall have no fear, nor shall they grieve.

[22:17] Those who believe, the Jews, and the Sabians, Christians, Magians, and Polytheists, God will judge between them on the Day of Judgment; for God is witness of all things.

[19:42] Behold, he said to his father: "O my father, why worship that which hears not, and sees not and can profit you nothing?

[19:43] "O my father, to me has come knowledge which has not reached you; so follow me: I will guide you to a way that is straight.

[19:44] "O my father, serve not Satan: for Satan is a rebel against (God) Most Gracious.

[19:45] "O my father, I fear lest a penalty afflict you from (God) Most Gracious, so that you become to Satan a friend."

[19:46] (The father) replied: "Do you hate my gods, O Abraham? If you forbear not, I will indeed stone you; now go away from me for a good long while"

[109:1] Say: O you that reject faith,

[109:2] I worship not that which you worship,

[109:3] nor will you worship that which I worship.

[4] I will not worship that which you have been worshiping,

[109:5] nor will you worship that which I worship.

[109:6] To you your religion, and to me mine. (lakum dinukum wa liya dini)

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Personal Property in the Qur’an

[6:152] come not nigh to the orphan's property, except to improve it, until he attains the age of full strength; give measure and weight with (full) justice; no burden do We place on any soul, but that which it can bear, whenever you speak, speak justly, even if a near relative is concerned; and fulfill the Covenant of God: thus doth He command you, that you may remember.

[17:34] Come not nigh to the orphan's property except to improve it, until he attains the age of full strength; and fulfill (every) engagement, for (every) engagement, will be enquired into (on the Day of Reckoning).

[18:46] Wealth and sons are allurements of the life of this world; but the things that endure, Good Deeds, are best in the sight of your Lord, as rewards, and best as (the foundation for) hopes.

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Human Rights in the Hadith

In the year 632 [AD, the Prophet passed away and left behind a powerful yet diverse community. This new community also known as the Islamic Ummah became a new project: new kind of citizenry with new kind of loyalty. The early generation of disciples (comprised of Companions from the Muhájirún and Ansár) managed to avoid the disintegration of the Ummah and established a succession to the Prophet known as the Khiláfah; the first four leaders constituted a special period characterized by incredible social cohesion, unity, expansion, prosperity, and political stability forming the so-called Khiláfah Ráshidah. Once the founder of the Umayyad dynasty took over, a shift in the political order took place, while a process of privatization of religious authority began to take affect. Throughout these time periods, a second source of law emerged as a powerful tool to be used to justify one’s political and religious undertaking on the personal as well as on the collective level. This authoritative source is generally the code of behavior and sayings of the Prophet—and in the eyes of many—the code of behavior and sayings of the selected few Companions that constituted a broad body of the Sunnah. Since then, the Sunnah became the second, and may be equal, source of Islamic law in particular and Islamic way of life in general. While the Qur'án was transmitted verbatim from memory from one generation to another all the way until the period of the recording, the Hadíth or the Sunnah were only transmitted in the form of “reports” where the transmitter could have used his own words while maintaining the overall general meaning of the tradition. In short, the Qur'án was stored in memory, but only the meaning of the Sunnah was learned up until the six major books of Hadíth were produced couple centuries separated from the lifetime of Muhammad. The Traditions we are going to survey in the following chapter are taken from these Sunni books of Hadíth. The translations here again are unabridged; they are simply reorganized under special topics whenever that was possible.

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Rights in the Hadíth

* Mu’ádh Ibn Jabal, RAA, narrated:

I was riding behind the Prophet (Peace Be Upon Him [PBUH]) and there was nothing between him and me but the part of the saddle, when he said: Mu’ádh Ibn Jabal, to which I replied: At your beck and call, and at your pleasure, Messenger of God. He moved along for a few minutes, when again he said: Mu’ádh Ibn Jabal, to which I replied: At your beck and call, and at your pleasure, Messenger of God. He then again moved along for a few minutes and said: Mu’ádh Ibn Jabal, to which I replied: At your beck and call, and at your pleasure, Messenger of God. He (the Prophet) asked: Do you know what right has God upon His servants? I said: God and His Messenger know best. He (the Prophet) said: Verily the right of God over His servants is that they should worship Him, not associating anything with Him. He (the Prophet), with Mu’ádh behind him, moved along for a few minutes and said: Mu`ádh Ibn Jabal, to which I replied: At your beck and call, and at your pleasure, Messenger of God. He (the Prophet) asked: Do you know the servants' rights upon God in case they do it (i.e. they worship God without associating anything with Him)? I (Mu’ádh Ibn Jabal) replied: God and His Messenger know best. (Upon this) he (the Prophet) remarked: That He would not torment them (with the Fire of Hell). [Sahih Muslim (SM): 43]

* Abu Hurayrah, [May God be pleased with him (Radiya Allahu `anh) RAA], reported:

The Prophet (PBUH) said: Children of Israel were ruled over by the Prophets. When one Prophet died, another succeeded him; but after me there are no prophets and there will be caliphs and they will be quite large in number. His Companions said: What do you order us to do (in case we come to have more than one Caliph)? He said: The one to whom allegiance is sworn first has a supremacy over the others. Concede to them their due rights (i.e. obey them). God (Himself) will question them about the subjects whom He had entrusted to them. [SM: 3429]

* Abu Sa'id al-Khudri, RAA, reported:

God's Messenger (PBUH) said: Avoid sitting on the paths. They (his Companions) said: God's Messenger, there is no other help to it (but to sit here as we) hold our meetings and discuss matters there. Thereupon God's Messenger (PBUH) said: If you have to sit at all, then fulfill the rights of the path. They said: What are these right? Thereupon he said: Keeping the eye downward, refraining from doing some harm to the other and exchanging mutual greetings (saying al-salamu 'alaykum to one another) and commanding the good and forbidding the evil. [SM: 3960]

* Abu Hurayrah, RAA, reported:

God's Messenger (PBUH) said: Five are the rights of a Muslim over his brother: responding to salutation, saying "yarhamuka Allah" when someone sneezes and says al-hamdu lillah, visiting the sick and following the biers. [SM: 4022]

* Sahl Ibn Sa'd, RAA, reported:

God's Messenger (PBUH) said on the Day of Khaybar: I would certainly give this standard to a person at whose hand God would grant victory and who loves God and His Messenger and God and His Messenger love him also. The people spent the night thinking as to whom it would be given. When it was morning the people hastened to God's Messenger (PBUH) all of them hoping that that would be given to him. He (the Prophet) said: Where is `Ali Ibn Abi Talib? They said: God's Messenger, his eyes are sore. He then sent for him and he was brought and God's Messenger (PBUH) applied saliva to his eyes and invoked blessings and he was all right, as if he had no ailment at all, and conferred upon him the standard. `Ali said: O God's Messenger! I will fight them until they are like us. Thereupon he (the Prophet) said: Advance cautiously until you reach their open places, thereafter invite them to Islam and inform them what is obligatory for them from the rights of God, for, by God, if God guides aright even one person through you that is better for you than to possess the most valuable of the camels. [SM: 4423]

* On the authority of Abu Sa'id: While the Prophet was distributing (something, Abdullah Ibn Dhil Khawaisira al-Tamimi came and said, "Be just, O God's Messenger!" The Prophet said, "Woe to you! Who would be just if I were not?" `Umar Ibn al-Khattab said, "Allow me to cut off his neck!” The Prophet said, “Leave him, for he has companions, and if you compare your prayers with their prayers and your fasting with theirs, you will look down upon your prayers and fasting, in comparison to theirs. Yet they will go out of the religion as an arrow darts through the game's body in which case, if the Qudhadh of the arrow is examined, nothing will be found on it, and when its nasl is examined, nothing will be found on it; and then its nadiyi is examined, nothing will be found on it. The arrow has been too fast to be smeared by dung and blood. The sign by which these people will be recognized will be a man whose one hand (or breast) will be like the breast of a woman (or like a moving piece of flesh). These people will appear when there will be differences among the people (Muslims)." Abu Sa'id added: I testify that I heard this from the Prophet and also testify that `Ali killed those people while I was with him. The man with the description given by the Prophet was brought to `Ali. The following Verses were revealed in connection with that very person (i.e., Abdullah Ibn Dhil-Khawaisira al-Tamimi): 'And among them are men who accuse you (O Muhammad) in the matter of (the distribution of) the alms.' [9.58] [Bukhari: Volume 9, Book 84, Number 67]

* On the authority of Abu Abd al-Rahman and Hibban Ibn 'Atiyya had a dispute. Abu Abd al-Rahman said to Hibban, "You know what made your companions (i.e. Ali) dare to shed blood." Hibban said, "Come on! What is that?" Abd-al-Rahman said, "Something I heard him saying." The other said, "What was it?" '`Abd al-Rahman said, "`Ali said, God's Messenger sent for me, al-Zubayr and Abu Marthad, and all of us were cavalry men, and said, 'Proceed to Rawdat al-Hajj (Abu Salama said that Abu 'Awana called it like this, i.e., Hajj where there is a woman carrying a letter from Hatib Ibn Abi Balta'a to the pagans (of Mecca). So bring that letter to me.' So we proceeded riding on our horses until we overtook her at the same place of which God's Messenger had told us. She was traveling on her camel. In that letter Hatib had written to the Meccans about the proposed attached of God's Messenger against them. We asked her, "Where is the letter which is with you?' She replied, 'I haven't got any letter.' So we made her camel kneel down and searched her luggage, but we did not find anything. My two companions said, 'We do not think that she has got a letter.' I said, 'We know that God's Messenger has not told a lie.'"

Then `Ali took an oath saying, "By Him by Whom one should swear! You shall either bring out the letter or we shall strip off your clothes." She then stretched out her hand for her girdle (round her waist) and brought out the paper (letter). They took the letter to God's Messenger. `Umar said, "O God's Messenger! (Hatib) has betrayed God, His Messenger and the believers; let me chop off his neck!" God's Messenger said, "O Hatib! What obliged you to do what you have done?" Hatib replied, "O God's Messenger! Why (for what reason) should I not believe in God and His Messenger? But I intended to do the (Mecca) people a favor by virtue of which my family and property may be protected as there is none of your companions but has some of his people (relatives) whom God urges to protect his family and property." The Prophet said, "He has said the truth; therefore, do not say anything to him except good." `Umar again said, "O God's Messenger! He has betrayed God, His Messenger and the believers; let me chop his neck off!" The Prophet said, "Isn't he from those who fought the battle of Badr? And what do you know, God might have looked at them (Badr warriors) and said (to them), 'Do what you like, for I have granted you Paradise?' “On that, `Umar's eyes became flooded with tears and he said, "God and His Messenger know best." [Bukhari: Volume 9, Book 84, Number 72]

• Yahya said that he heard Malik say: "The Sunnah with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slave's person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays it and keeps his slave. If he wishes to surrender him, he surrenders him, and none of that is against him. The master has the option in that." [Muwatta’: Book 37, Number 37.9.8a]

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Women in Hadíth

* Abu Hurayrah, RAA, reported: God's Messenger (PBUH) observed: Avoid the seven most grievous sins. (The hearers) asked: What are they, God's Messenger? He (the Prophet) replied: Associating anything with God, magic, killing of one whom God has declared inviolate without a just cause, devouring the property of an orphan, dealing in usury, fleeing on the day of fighting, and calumniating the chaste, innocent, believing women. [SM: 129]

* Abu Hurayrah, RAA, reported: God's Messenger (PBUH) said: Glorification of God is for men and clapping of hands is meant for women (if something happens in the Prayer). [SM: 641]

Aishah, may God be pleased with her, reported: The believing women used to pray the Morning Prayer with the Messenger of God and then return wrapped in their mantles. No one could recognize them. [SM: 1020]

* Ibn Abbas, may God be pleased with them, reported: I participated in the Fitr Prayer with the Messenger of God (PBUH) and Abu Bakr, `Umar and 'Uthman, and all of them observed this Prayer before the Khutbah, and then he (the Prophet) delivered the sermon. Then the Messenger of God (PBUH) descended (from the pulpit) and I (perceive) as if I am seeing him as he is commanding people with his hand to sit down. He then made his way through their (assembly) until he came to the women. Bilal was with him. He then recited (this verse): “O Prophet, when believing women come to you giving you a pledge that they will not associate aught with God” until he finished (his address to) them and then asked: Do you conform to it (what has been described in the verse)? Only one woman among them replied: Yes, Messenger of God, but none else replied. He (the narrator) said: it could not be ascertained who actually she was. He (the Prophet) exhorted them to give alms. Bilal stretched his cloth and then said: Come forward with alms. Let my father and mother be taken as ransom for you. They began to throw rings and ringlets in the cloth of Bilal. [SM: 1464]

* Jabir Ibn Abdullah, may God be pleased with them, reported:

The Messenger of God (PBUH) stood up on the day of 'Id al-Fitr and observed the Prayer. He commenced the Prayer before the sermon. He then delivered the sermon. When the Messenger of God (PBUH) had finished (the sermon) he came down from (the pulpit), and made his way to the women and exhorted them (to do good acts), and he was leaning on the hand of Bilal. Bilal had stretched his cloth in which women were throwing alms. [SM: 1466]

* Umm 'Atiyah, may God be pleased with her, said:

He (the Messenger of God) commanded us that we should take out unmarried women and purdah-observing ladies for 'Id Prayers, and he commanded the menstruating women to remain away from the place of worship of the Muslims.

[SM: 1473]

* Zaynab, may God be pleased with her, reported: The Messenger of God (PBUH) said: O women, give Charity even though it be some of your jewelry. I returned to Abdullah and said: You are a person with empty hands, whereas the Messenger of God (PBUH) has commanded us to give Charity, so better go to him and ask and if this will suffice for me; otherwise I will give it to someone else. Abdullah said to me (his wife): You better go yourself. So I went and there was another woman of the Ansar at the door of the Messenger of God (PBUH) having the same purpose as I had. Now God's Messenger (PBUH) was invested with awe (so we did not like to knock). Then Bilal came out and we said to him: Go to the Messenger of God (PBUH) and inform him that there are two women at the door asking him whether it will serve them to give Charity to their spouses and to orphans who are under their charge, but do not inform him who we are. Bilal went to the Messenger of God (PBUH) and asked him (what these women had instructed him to ask). The Messenger of God (PBUH) asked him who these women were. He (Bilal) said: They are a woman from the Ansar and Zaynab. Upon this the Messenger of God (PBUH) asked: Which of the Zaynabs? He said: The wife of Abdullah. The Messenger of God (PBUH) said: There are two rewards for them, the reward of kinship and the reward of charity. [SM: 1667]

* Abu Musa, RAA, reported: God's Messenger (PBUH) said: there would come a time for the people when a person would roam about with charity of gold, but he would find no one to accept it from him. A man would be seen followed by forty women seeking refuge with him on account of the scarcity of males and abundance of females. [SM: 1680]

* Abu Hurayrah, RAA, reported: God's Messenger (PBUH) used to say: O Muslim women, none of you should consider even a sheep's trotter too insignificant to give to her neighbor. [SM: 1711]

* Asma's Hadíth, may God be pleased with her:

Abdullah, the freed slave of Asma' reported: Asma' (God be pleased with her), as she was in the house at al-Muzdalifah, asked me whether the moon had set. I said: No. She prayed for some time, and again asked: My son, has the moon set? I said: Yes. She said: Set forth along with me, and so we set forth until (we reached Mina) and she threw the Pebble. She then prayed in her place. I said to her respected lady, we set forth, (in the very early of dawn) when it was dark, whereupon she said: My son, there is no harm in it; God's Messenger (PBUH) had granted permission to women. [SM: 2274]

* Anas, RAA, related: Some of the Companions of God's Messenger (PBUH) asked his (the Prophet's) wives about the acts that he performed in private. Someone among them (among his Companions) said: I will not marry women; someone among them said: I will not eat meat; and someone among them said: I will not lie down in bed. He (the Prophet) praised God and glorified Him, and asked: What has happened to these people that they say so and so, whereas I observe the Prayer and sleep too; I observe fast and suspend observing them; I marry women also? And he who turns away from my Sunnah, he has no relation with me. [SM: 2487]

* Abdullah (Ibn Mas`ud), RAA, reported:

We were on an expedition with God's Messenger (PBUH) and we had no women with us. We asked: Should we not have ourselves castrated? He (the Prophet) forbade us to do so. He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and Abdullah then recited this verse: “O you who believe do not make unlawful the good things which God has made lawful for you, and do not transgress. God does not like transgressors” [SM: 2493]

* Abu Hurayrah, RAA, reported: God's Messenger (PBUH) said: The Last Hour would not come until the women of the tribe of Daus would be seen going round Dhu al-Khalasah, an idol that the tribe of Daus used to worship during the pre-Islamic era in the district of Tabalah.

[SM: 5173]

* Aishah's Hadíth, may God be pleased with her: 'Urwah Ibn al-Zubair reported that he asked Aishah about the words of God: “If you fear that you will not be able to maintain equity among the orphan girls, then marry (those) you like from among the women two, three or four” She said: O son of my sister, the orphan girl is one who is under the patronage of her guardian and she shares with him in his property and her property and beauty fascinate him and her guardian makes up his mind to marry her without giving her due share of the wedding money and is not prepared (to pay so much amount) which anyone else is prepared to pay and so God has forbidden to marry these girls but in case when equity is observed as regards the wedding money and they are prepared to pay them the full amount of the wedding money and God commanded to marry other women besides them according to the liking of their heart. 'Urwah reported that 'Aishah said that people began to seek verdict from God's Messenger (PBUH) after the revelation of this verse about them (orphan girls) and God, the Exalted and Glorious, revealed this verse: “They asked you verdict about women; say: God gives verdict to you in regard to them and what is recited to you in the Book about orphan woman, whom you give not what is ordained for them while you like to marry them” She said: The wording of God “What is recited to you in the Book” means the first verse, i.e. “And if you fear that you will not be able to maintain equity amongst the orphan girls, then marry (those) you like from amongst the women” 'Aishah said: (And as for this verse), i.e. “And you intend to marry one of them” It pertains to one who is in charge (of orphans) having small amount of wealth and less beauty and they have been forbidden that they should marry what they like of her wealth and beauty out of the orphan girls, but with equity because of their disliking for them. [SM: 5335]

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Government in Hadíth

* On the authority of `Ubada Ibn al-Samit: We were with the Prophet in a gathering and he said, 'Swear to me that you will not worship anything besides God, Will not steal, and will not commit illegal sexual intercourse." Then (the Prophet) recited the whole verse (i.e. 60:12). The Prophet added, 'And whoever among you fulfills his pledge, his reward is with God; and whoever commits something of such sins and receives the legal punishment for it, that will be considered as the expiation for that sin, and whoever commits something of such sins and God screens him, it is up to God whether to excuse or punish him." [Bukhari: Volume 8, Book 81, Number 775]

* On the authority of Abdullah: God Messenger said in Hajjat al-Wada`, "Which month (of the year) do you think is most sacred?" The people said, "This current month of ours (the month of Dhu al-Hijjah)." He said, "Which town (country) do you think is the most sacred?" They said, "This city of ours (Mecca)." He said, "Which day do you think is the most sacred?" The people said, "This day of ours." He then said, "God, the Blessed, the Supreme, has made your blood, your property and your honor as sacred as this day of yours in this town of yours, in this month of yours (and such protection cannot be slighted) except rightfully." He then said thrice, "Have I conveyed God's Message (to you)?" The people answered him each time saying, 'Yes." The Prophet added, 'May God be merciful to you (or, woe on you)! Do not revert to disbelief after me by cutting the necks of each other.' [Bukhari: Volume 8, Book 81, Number 776]

* On the authority of Ubada Ibn al-Samit: I gave the pledge of allegiance to the Prophet with a group of people, and he said, "I take your pledge that you will not worship anything besides God, will not steal, will not commit infanticide, will not slander others by forging false statements and spreading it, and will not disobey me in anything good. Whoever among you fulfill all these (obligations of the pledge), his reward is with God. Whoever commits any of the above crimes and receives his legal punishment in this world that will be his expiation and purification. But if God screens his sin, it will be up to God, Who will either punish or forgive him according to His wish." Abu Abdullah said: "If a thief repents after his hand has been cut off, his witness well be accepted. Similarly, if any person, upon whom any legal punishment has been inflicted, repents, his witness will be accepted." [Bukhari: Volume 8, Book 81, Number 793]

* On the authority of Abdullah: When the Verse 'It is those who believe and confuse not their belief with wrong (i.e., worshipping others besides God): [6.82] was revealed, it became very hard on the companions of the Prophet and they said, "Who among us has not confused his belief with wrong (oppression)?" On that, God's Messenger said, "This is not meant (by the verse). Don't you listen to Luqman's statement: 'Indeed. Joining others in worship (shirk) with God is a great wrong indeed.' (31.13) [Bukhari: Volume 9, Book 84, Number 53]

* On the authority of Abdullah Ibn `Umar: A Bedouin came to the Prophet and said, "O God's Messenger! What are the biggest sins? The Prophet said, "To join others in worship with God (shirk)." The Bedouin said, "What is next?" The Prophet said, "To be undutiful to one's parents." The Bedouin said "What is next?" The Prophet said "To take a false oath." The Bedouin said, "What is a false oath'?" The Prophet said, "The false oath through which one deprives a Muslim of his property (unjustly)." [Bukhari: Volume 9, Book 84, Number 55]

* On the authority of Abu Burda, Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash'ariyin, one on my right and the other on my left, while God's Messenger was brushing his teeth (with a siwak), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O Abdullah Ibn Qays!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or Abdullah Ibn Qays!) Go to Yemen.'" The Prophet then sent Mu`adh Ibn Jabal after him and when Mu`adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold! There was a fettered man beside Abu Musa. Mu`adh asked, "Who is this (man)?" Abu Musa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Musa requested Mu`adh to sit down but Mu`adh said, "I will not sit down until he has been killed. This is the judgment of God and His Messenger (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that God will reward me for my sleep as well as for my prayers.'" [Bukhari: Volume 9, Book 84, Number 58]

* On the authority of Abu Hurayrah: When the Prophet died and Abu Bakr became his successor and some of the Arabs reverted to disbelief, `Umar said, "O Abu Bakr! How can you fight these people although God's Messenger said, 'I have been ordered to fight the people until they say: 'None has the right to be worshipped but God, 'and whoever said, 'None has the right to be worshipped but God', God will save his property and his life from me, unless (he does something for which he receives legal punishment) justly, and his account will be with God?' "Abu Bakr said, "By God! I will fight whoever differentiates between prayers and Zakat as Zakat is the right to be taken from property (according to God's Orders). By God! If they refused to pay me even a kid they used to pay to God's Messenger, I would fight with them for withholding it." `Umar said, "By God, It was nothing, but I noticed that God opened Abu Bakr's chest towards the decision to fight, therefore I realized that his decision was right." [Bukhari: Volume 9, Book 84, Number 59]

* On the authority of `Ali: Whenever I tell you a narration from God's Messenger, by God, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadíth) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard God's Messenger saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will abandon their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for whoever kills them shall have reward on the Day of Resurrection." [Bukhari: Volume 9, Book 84, Number 64]

* On the authority of Abu Hurayrah, God's Messenger said, "Whoever obeys me, obeys God, and whoever disobeys me, disobeys God, and whoever obeys the ruler I appoint, obeys me, and whoever disobeys him, disobeys me." [Bukhari: Volume 9, Book 89, Number 251]

* On the authority of Abdullah Ibn `Umar: God's Messenger said, "Surely! Everyone of you is a guardian and is responsible for his charges: the Imam (ruler) of the people is a guardian and is responsible for his subjects; a man is the guardian of his family (household) and is responsible for his subjects; a woman is the guardian of her husband's home and of his children and is responsible for them; and the slave of a man is a guardian of his master's property and is responsible for it. Surely, every one of you is a guardian and responsible for his charges." [Bukhari: Volume 9, Book 89, Number 252]

* On the authority of Muhammad Ibn Jubayr Ibn Mut'im: That while he was included in a delegation of Quraysh staying with Mu`awiyyah, Mu`awiyyah heard that Abdullah Ibn `Amr had said that there would be a king from Qahtan tribe, whereupon he became very angry. He stood up, and after glorifying and praising God as He deserved, said, "To proceed, I have come to know that some of you men are narrating things which are neither in God's Book, nor has been mentioned by God's Messenger . Such people are the ignorant among you. Beware of such vain desires that mislead those who have them. I have heard God's Messenger saying, 'This matter (of the caliphate) will remain with the Quraysh, and none will rebel against them, but God will throw him down on his face as long as they stick to the rules and regulations of the religion (Islam).'" [Bukhari: Volume 9, Book 89, Number 253]

* On the authority of `Ali: The Prophet sent an army unit (for some campaign) and appointed a man from the Ansar as its commander and ordered them (the soldiers) to obey him. (During the campaign) he became angry with them and said, "Didn't the Prophet order you to obey me?" They said, "Yes." He said, "I order you to collect wood and make a fire and then throw yourselves into it." So they collected wood and made a fire, but when they were about to throw themselves into, it they started looking at each other, and some of them said, "We followed the Prophet to escape from the fire. How should we enter it now?" So while they were in that state, the fire extinguished and their commander's anger abated. The event was mentioned to the Prophet and he said, "If they had entered it (the fire) they would never have come out of it, for obedience is required only in what is good." (See Hadíth No. 629. Vol. 5) [Bukhari: Volume 9, Book 89, Number 259]

* On the authority of Tarif Abi Tamima: I saw Safwan and Jundab and Safwan's companions when Jundab was advising. They said, "Did you hear something from God's Messenger?" Jundab said, "I heard him saying, 'Whoever does a good deed in order to show off, God will expose his intentions on the Day of Resurrection (before the people), and whoever puts the people into difficulties, God will put him into difficulties on the Day of Resurrection.'" The people said (to Jundab), "Advise us." He said, "The first thing of the human body to purify is the abdomen, so he who can eat nothing but good food (halal and earned lawfully) should do so, and he who does as much as he can that nothing intervene between him and Paradise by not shedding even a handful of blood, (i.e. murdering) should do so." [Bukhari: Volume 9, Book 89, Number 266]

* On the authority of Thabit al-Bunani: Anas Ibn Malik said to a woman of his family, "Do you know such-and-such a woman?" She replied, "Yes." He said, "The Prophet passed by her while she was weeping over a grave, and he said to her, 'be afraid of God and be patient.' The woman said (to the Prophet). 'Go away from me, for you do not know my calamity.'" Anas added, "The Prophet left her and proceeded. A man passed by her and asked her, 'what has God's Messenger said to you?' She replied, 'I did not recognize him.' The man said, 'He was God's Messenger."' Anas added, "so that woman came to the gate of the Prophet and she did not find a gate-keeper there, and she said, 'O God's Messenger! By God; I did not recognize you!' The Prophet said, 'No doubt, patience is at the first stroke of a calamity.'" [Bukhari: Volume 9, Book 89, Number 268]

* On the authority of Abu Mas`ud al-Ansari: A man came to God's Messenger and said, "O God's Messenger! By God, I fail to attend the morning congregational prayer because so-and-so (i.e., Mu`adh Ibn Jabal) prolongs the prayer when he leads us for it." I had never seen the Prophet more furious in giving advice than he was on that day. He then said, "O people! Some of you make others dislike (good deeds, i.e. prayers etc). So whoever among you leads the people in prayer, he should shorten it because among them there are the old, the weak and the busy (needy having some jobs to do). (See Hadíth No. 90, Vol. 1) [Bukhari: Volume 9, Book 89, Number 273]

* On the authority of Abdullah Ibn al-Sa'di: That when he went to `Umar during his Caliphate. `Umar said to him, "Haven't I been told that you do certain jobs for the people but when you are given payment you refuse to take it?" Abdullah added: I said, "Yes." `Umar said, "Why do you do so?" I said, "I have horses and slaves and I am living in prosperity and I wish that my payment should be kept as a charitable gift for the Muslims." `Umar said, "Do not do so, for I intended to do the same as you do. God's Apostles used to give me gifts and I used to say to him, 'give it to a needier one than me.' Once he gave me some money and I said, 'give it to a needier person than me,' whereupon the Prophet said, 'Take it and keep it in your possession and then give it in charity. Take what ever comes to you of this money if you are not keen to have it and not asking for it; otherwise (i.e., if it does not come to you) do not seek to have it yourself.'"

* On the authority of Abdullah Ibn `Umar: I have heard `Umar saying, "the Prophet used to give me some money (grant) and I would say (to him), and ‘Give it to a needier one than me.' Once he gave me some money and I said, 'Give it to a needier one than me.' The Prophet said (to me), 'Take it and keep it in your possession and then give it in charity. Take whatever comes to you of this money while you are not keen to have it and not asking for it; take it, but you should not seek to have what you are not given. [Bukhari: Volume 9, Book 89, Number 277]

* On the authority of Um Salama: God's Messenger said, "I am only a human being, and you people (opponents) come to me with your cases; and it may be that one of you can present his case eloquently in a more convincing way than the other, and I give my verdict according to what I hear. So if ever I judge (by error) and give the right of a brother to his other (brother) then he (the latter) should not take it, for I am giving him only a piece of fire." (See Hadíth No. 638, Vol. 3). [Bukhari: Volume 9, Book 89, Number 281]

* On the authority of Abu Qatada: God's Messenger said on the Day of (the battle of) Hunayn, "Whoever has killed an infidel and has a proof or a witness for it, then the salb (arms and belongings of that deceased) will be for him." I stood up to seek a witness to testify that I had killed an infidel but I could not find any witness and then sat down. Then I thought that I should mention the case to God's Messenger; (and when I did so) a man from those who were sitting with him said, "The arms of the killed person he has mentioned, are with me, so please satisfy him on my behalf." Abu Bakr said, "No, he will not give the arms to a bird of Quraysh and deprive one of God's lions of it who fights for the cause of God and His Messenger." God's Messenger stood up and gave it to me, and I bought a garden with its price, and that was my first property which I owned through the war booty.

* The people of Hijaz said, "a judge should not pass a judgment according to his knowledge, whether he was a witness at the time he was the judge or before that" and if a litigant gives a confession in favor of his opponent in the court, in the opinion of some scholars, the judge should not pass a judgment against him until the latter calls two witnesses to witness his confession. Some people of Iraq said, "a judge can pass a judgment according to what he hears or witnesses (the litigant's confession) in the court itself, but if the confession takes place outside the court, he should not pass the judgment unless two witnesses witness the confession." Some of them said, "a judge can pass a judgment depending on his knowledge of the case as he is trust-worthy, and that a witness is required just to reveal the truth. The judge's knowledge is more than the witness." Some said, "a judge can judge according to his knowledge only in cases involving property, but in other cases he cannot." al-Qasim said, "a judge ought not pass a judgment depending on his knowledge if other people do not know what he knows, although his knowledge is more than the witness of somebody else because he might expose himself to suspicion by Muslims and cause Muslims to have unreasonable doubt.” [Bukhari: Volume 9, Book 89, Number 282]

* On the authority of Abu Humayd al-Sa'idi: The Prophet appointed a man from the tribe of Bani Asad, called Ibn al-Utabiyya to collect the Zakat. When he returned (with the money) he said (to the Prophet), "this is for you and this has been given to me as a gift." The Prophet stood up on the pulpit (Sufyan said he ascended the pulpit), and after glorifying and praising God, he said, "what is wrong with the employee whom we send (to collect Zakat from the public) then he returns to say, 'this is for you and that is for me?' Why didn't he stay at his father's and mother's house to see whether he will be given gifts or not? By Him in Whose Hand is my life, whoever takes anything illegally will bring it on the Day of Resurrection by carrying it over his neck; if it is a camel, it will be grunting; if it is a cow, it will be mooing; and if it is a sheep it will be bleating." The Prophet then raised both his hands until we saw the whiteness of his armpits (and he said), "No doubt! Haven't I conveyed God's Message?" and he repeated it three times. [Bukhari: Volume 9, Book 89, Number 286]

* On the authority of Aishah: 'Utba Ibn Abi Waqqas said to his brother Sa'd Ibn Abi Waqqas, "the son of the slave girl of Zam'a is from me, so take him into your custody." So in the year of Conquest of Mecca, Sa'd took him and said. (This is) my brother's son whom my brother has asked me to take into my custody." 'Abd Ibn Zam'a got up before him and said, (He is) my brother and the son of the slave girl of my father, and was born on my father's bed." So they brought their case before God's Messenger. Sa'd said, "O God's Messenger! This boy is the son of my brother and he entrusted him to me." 'Abd Ibn Zam'a said, "This boy is my brother and the son of the slave girl of my father, and was born on the bed of my father." God's Messenger said, "The boy is for you, O 'Abd Ibn Zam'a." Then God's Messenger further said, "The child is for the owner of the bed, and the stone is for the adulterer," He then said to Sawda bint Zam'a, "Veil (screen) yourself before him," when he saw the child's resemblance to 'Utba. The boy did not see her again until he met God. [Bukhari: Volume 9, Book 89, Number 293]

* On the authority of Ibn `Umar: God's Messenger sent an army unit headed by Usama Ibn Zayd and the people criticized his leadership. The Prophet said (to the people), "If you are criticizing his leadership now, then you used to criticize his father's leadership before. By God, he (Usama's father) deserved the leadership and used to be one of the most beloved persons to me, and now his son (Usama) is one of the most beloved persons to me after him. “[Bukhari: Volume 9, Book 89, Number 297]

* On the authority of Ibn `Umar: The Prophet sent (an army unit under the command of) Khalid Ibn al-Walid to fight against the tribe of Bani Jadhima and those people could not express themselves by saying, "Aslamna," but they said, "Saba'na! Saba'na! “Khalid kept on killing some of them and taking some others as captives, and he gave a captive to everyone of us and ordered every one of us to kill his captive. I said, "By God, I shall not kill my captive and none of my companions shall kill his captive." Then we mentioned that to the Prophet and he said, "O God! I am innocent of what Khalid Ibn al-Walid has done," and repeated it twice. [Bukhari: Volume 9, Book 89, Number 299]

* On the authority of Zayd Ibn Thabit: Abu Bakr sent for me owing to the large number of casualties in the battle of al-Yamama, while `Umar was sitting with him. Abu Bakr said (to me), `Umar has come to my and said, 'A great number of memorizers of the Qur’an were killed on the day of the battle of al-Yamama, and I am afraid that the casualties among the memorizers of the Qur’an may increase on other battle-fields whereby a large part of the Qur’an may be lost. Therefore I consider it advisable that you (Abu Bakr) should have the Qur'an collected.' I said, 'How dare I do something which God's Messenger did not do?' `Umar said, By God, it is something beneficial.' `Umar kept on pressing me for that until God opened my chest for that for which He had opened the chest of `Umar and I had in that matter, the same opinion as `Umar had." Abu Bakr then said to me (Zayd), "You are a wise young man and we do not have any suspicion about you, and you used to write the Divine Inspiration for God's Messenger. So you should search for the fragmentary scripts of the Qur’an and collect it (in one Book)." Zayd further said: By God, if Abu Bakr had ordered me to shift a mountain among the mountains from one place to another it would not have been heavier for me than this ordering me to collect the Qur'an. Then I said (to `Umar and Abu Bakr), "How can you do something which God's Messenger did not do?" Abu Bakr said, "By God, it is something beneficial." Zayd added: So he (Abu Bakr) kept on pressing me for that until God opened my chest for that for which He had opened the chests of Abu Bakr and `Umar, and I had in that matter, the same opinion as theirs. So I started compiling the Qur’an by collecting it from the leafless stalks of the date-palm tree and from the pieces of leather and hides and from the stones, and from the chests of men (who had memorized the Qur’an). I found the last verses of Surat al-Tawbah: ("Verily there has come unto you a Messenger (Muhammad) from amongst yourselves--' (9.128-129) from Khuzaymah or Abi Khuzaymah and I added to it the rest of the Surah. The manuscripts of the Qur’an remained with Abu Bakr until God took him unto Him. Then it remained with `Umar until God took him unto Him, and then with Hafsa bint `Umar. [Bukhari: Volume 9, Book 89, Number 301]

* On the authority of Abu Layla Ibn Abdullah Ibn `Abd al-Rahman Ibn Sahl: Sahl Ibn Abi Hathma and some great men of his tribe said, Abdullah Ibn 'Sahl and Muhaiyisa went out to Khaybar as they were struck with poverty and difficult living conditions. Then Muhaiyisa was informed that Abdullah had been killed and thrown in a pit or a spring. Muhaiyisa went to the Jews and said, "By God, you have killed my companion." The Jews said, "By God, we have not killed him." Muhaiyisa then came back to his people and told them the story. He, his elder brother Huwaiyisa and '`Abd al-Rahman Ibn Sahl came (to the Prophet) and he who had been at Khaybar, proceeded to speak, but the Prophet said to Muhaiyisa, "The eldest! The eldest!" meaning, "Let the eldest of you speak." So Huwaiyisa spoke first and then Muhaiyisa. God's Messenger said, "The Jews should either pay the blood money of your (deceased) companion or be ready for war." After that God's Messenger wrote a letter to the Jews in that respect, and they wrote that they had not killed him. Then God's Messenger said to Huwaiyisa, Muhaiyisa and Abd al-Rahman, "Can you take an oath by which you will be entitled to take the blood money?" They said, "No." He said (to them), "Shall we ask the Jews to take an oath before you?" They replied, "But the Jews are not Muslims." So God's Messenger gave them one hundred she-camels as blood money from his own. Sahl added: When those she-camels were made to enter the house, one of them kicked me with its leg. [Bukhari: Volume 9, Book 89, Number 302]

* On the authority of Abu Hurayrah and Zayd Ibn Khalid al-Juhani: A Bedouin came and said, "O God's Messenger, Judge between us according to God's Book." His opponent stood up and said, "He has said the truth, so judge between us according to God's Laws." The Bedouin said, "My son was a laborer for this man and committed illegal sexual intercourse with his wife. The people said to me, 'Your son is to be stoned to death,' so I ransomed my son for one hundred sheep and a slave girl. Then I asked the religious learned men and they said to me, 'Your son has to receive one hundred lashes plus one year of exile.' “The Prophet said, "I shall judge between you according to God's Book (Laws)! As for the slave girl and the sheep, it shall be returned to you, and your son shall receive one-hundred lashes and be exiled for one year. O you, Unays, the Prophet addressed some man, "Go in the morning to the wife of this man and stone her to death." So Unays went to her the next morning and stoned her to death. [Bukhari: Volume 9, Book 89, Number 303]

* On the authority of al-Miswar Ibn Makhrama: The group of people whom `Umar had selected as candidates for the Caliphate gathered and consulted each other. Abd al-Rahman said to them, "I am not going to compete with you in this matter, but if you wish, I would select for you a caliph from among you; so all of them agreed to let Abd al-Rahman decide the case. When the candidates placed the case in the hands of Abd al-Rahman, the people went towards him and nobody followed the rest of the group nor obeyed any after him. The people then followed Abd al-Rahman and consulted him all those nights until there came the night we gave the oath of allegiance to 'Uthman. al-Miswar (Ibn Makhrama) added: Abd al-Rahman called on me after a portion of the night had passed and knocked on my door until I got up, and he said to me, "I see you have been sleeping! By God, during the last three nights I have not slept enough. Go and call al-Zubayr and Sa'd.' So I called them for him and he consulted them and then called me saying, 'Call `Ali for me." I called `Ali and he held a private talk with him until very late at night, and then 'Al, got up to leave having had much hope (to be chosen as a Caliph) but Abd al-Rahman was afraid of something concerning `Ali. Abd al-Rahman then said to me, "Call 'Uthman for me." I called him and he kept on speaking to him privately until the Mu'adhdhin put an end to their talk by announcing the call for prayer for the Fajr (dawn) prayer. When the people finished their morning prayer and that (six men) group gathered near the pulpit, Abd al-Rahman sent for all the Muhájirún (emigrants) and the Ansar present there and sent for the army chief who had performed the Hajj with `Umar that year. When all of them had gathered, Abd al-Rahman said, "None has the right to be worshipped but God," and added, "Now then, O `Ali, I have looked at the people's tendencies and noticed that they do not consider anybody equal to 'Uthman, so you should not incur blame (by disagreeing)." Then Abd al-Rahman said (to 'Uthman), "I gave the oath of allegiance to you on condition that you will follow God's Laws and the traditions of God's Messenger and the traditions of the two Caliphs after him." So Abd al-Rahman gave the oath of allegiance to him, and so did the people including the Muhajirun (emigrants) and the Ansar and the chiefs of the army staff and all the Muslims. [Bukhari: Volume 9, Book 89, Number 314]

* On the authority of Anas Ibn Malik: That he heard `Umar's second speech he delivered when he sat on the pulpit on the day following the death of the Prophet `Umar recited the Tashahhud while Abu Bakr was silent. `Umar said, "I wish that God's Messenger had outlived all of us, i.e., had been the last (to die). But if Muhammad is dead, God nevertheless has kept the light amongst you from which you can receive the same guidance as God guided Muhammad with that. Abu Bakr is the companion of God's Messenger He is the second of the two in the cave. He is the most entitled person among the Muslims to manage your affairs. Therefore get up and swear allegiance to him." Some people had already taken the oath of allegiance to him in the shed of Bani Sa'ida but the oath of allegiance taken by the public was taken at the pulpit. I heard `Umar saying to Abu Bakr on that day. "Please ascend the pulpit," and kept on urging him until he ascended the pulpit whereupon, all the people swore allegiance to him. [Bukhari: Volume 9, Book 89, Number 326]

* Abu Hurayrah, RAA, reported: The Messenger of God (PBUH) said: People are subservient to the Quraysh: the Muslims among them being subservient to the Muslims among them, and the disbelievers among the people being subservient to the disbelievers among them.

[SM: 3389]

* Abdullah Ibn `Umar, may God be pleased with them, reported: The Messenger of God (PBUH) said: The Caliphate will remain among the Quraysh even if only two persons are left (on the earth). [SM: 3392]

* Jabir Ibn Samurah, RAA, reported: I joined the company of the Prophet (PBUH) with my father and I heard him say: This Caliphate will not end until there have been twelve Caliphs among them. Then he (the Prophet) said something that I could not follow. I said to my father: What did he say? He said, He has said, All of them will be from the Quraysh. [SM: 3393]

* Umar's Hadíth, RAA: Abdullah Ibn `Umar reported: People said to `Umar: Appoint anyone as your successor. He said: If I would appoint my successor, (I would because) one better than me did so. (He meant Abu Bakr). If I would leave you alone, (I would do so because) one better than me, i.e. the Messenger of God (PBUH), left you. Abdullah says: When he mentioned the Messenger of God (PBUH) I understood that he would not appoint anyone as Caliph. [SM: 3399]

* Abu Musa, RAA, related: Two of my cousins and I entered the apartment of the Prophet (PBUH). One of them said: Messenger of God, appoint us rulers of some lands that the Almighty and Glorious God has entrusted to your care. The other also said something similar. He said: By God, we do not appoint to this position one who asks for it nor anyone who is covetous for the same. [SM: 3402]

* Ibn `Umar, may God be pleased with them, reported: The Prophet (PBUH) said: every one of you is a caretaker, and is responsible for his consignment. The ruler is a caretaker of people, and is responsible for his subjects. A man is a caretaker of his family, and is responsible for them. A woman is a caretaker of her husband's house and children, and is responsible for them. A slave is a caretaker of his master's property, and is responsible for it. All of you are caretakers, and all of you are responsible for their consignment. [SM: 3408]

* Abu Hurayrah, RAA, said: One day the Messenger of God (PBUH) stood among us (to deliver a sermon). He talked about the misappropriation of booty, and declared it to be a serious matter and a grave sin. Then he said: I should not find that any of you might come on the Day of Judgment with a growling camel mounted on his neck, and should appeal to me for help saying: Messenger of God, help me, and I should say: I have no authority to help you; I already communicated to you. I should not find that any of you might come on the Day of Judgment with a whining horse mounted on his neck, and he should say to me: Messenger of God, help me, and I should say: I have no authority to help you; I conveyed to you. I should not find that one of you might come on the Day of Judgment with a bleating ewe mounted on his neck, and he should say to me: Messenger of God, help me, and I should say: I have no authority to help you; I conveyed to you. I should not find that anyone of you might come on the Day of Judgment with a person crying loudly mounted on his neck and he should say to me: Messenger of God, help me, and I should say: I have no authority to help you; I conveyed to you. I should not find that any of you might come on the Day of Judgment with fluttering clothes wrapped round his neck and he should say to me: Messenger of God, help me, and I should say: I have no authority to help you; I already conveyed to you (the warning from the Almighty). I should not find that any of you might come on the Day of Judgment with a heap of gold and silver placed on his neck and he should say to me: Messenger of God, help me, and I should say: I have no authority to help you; I already conveyed to you (the warning from the Almighty. [SM: 3412]

* Ibn Abbas, may God be pleased with them, reported: The Qur'anic injunction: “O You who believe, obey God, His Messenger and those in authority from amongst you” was revealed in respect of Abdullah Ibn Hudhafah Ibn Qays Ibn 'Adi al-Sahmi who was dispatched by the Prophet (PBUH) as leader of a military campaign. [SM: 3416]

* Abu Hurayrah, RAA, narrated: The Prophet (PBUH) said: Who so obeys me obeys God, and who so disobeys me disobeys God. Who so obeys the commander (appointed by me) obeys me, and who so disobeys the commander disobeys me. [SM: 3417]

* Ibn `Umar, may God be pleased with them, reported: The Prophet (PBUH) said: It is obligatory upon a Muslim that he should listen (to the ruler appointed over him) and obey him whether he likes it or not, except that he is ordered to do a sinful thing. If he is ordered to do a sinful act, a Muslim should neither listen to him nor should he obey his orders. [SM: 3423]

* Ali, RAA, reported: The Messenger of God (PBUH) sent a force (on a mission) and appointed over them a man. He kindled a fire and said: enter it. Some people made up their minds to enter it (the fire), (carrying out the order of their commander), but the others said: We fled from the fire (that's why we have come into the fold of Islam). The matter was reported to the Messenger of God (PBUH). He said to those who contemplated entering (the fire at the order of their commander): If you had entered it, you would have remained there until the Day of Judgment. He commended the act of the latter group and said: There is no submission in matters involving God's disobedience or displeasure. Submission is obligatory only in what is good (and reasonable). [SM: 3424]

* Abu Hurayrah, RAA, reported: The Prophet of God (PBUH) said: a commander (of the Muslims) is a shield for them. They fight behind him and they are protected by (him from tyrants and aggressors). If he enjoins fear of God, the Exalted and Glorious, and dispenses justice, there will be a (great) reward for him; and if he enjoins otherwise, it redounds on him. [SM: 3428]

* Abu Hurayrah, RAA, reported: The Prophet (PBUH) said: Children of Israel were ruled over by the Prophets. When one Prophet died, another succeeded him; but after me there are no prophets and there will be caliphs and they will be quite large in number. His Companions said: what do you order us to do (in case we come to have more than one Caliph)? He said: The one to whom allegiance is sworn first has a supremacy over the others. Concede to them their due rights. God (Himself) will question them about the subjects whom He had entrusted to them. [SM: 3429]

* Abdullah Ibn Mas`ud, RAA, reported: The Messenger of God (PBUH) said: After me there will be favoritism and many things that you will not like. They (his Companions) said: Messenger of God, what do you order that one should do if anyone from us has to live through such a time? He said: You should discharge your own responsibility (by obeying your Amir), and ask God to concede your right (by guiding the Amir to the right path or by replacing him by one more just and God-fearing). [SM: 3430]

* Usayd Ibn Hudayr, RAA, reported: a man from the Ansar took the Messenger of God (PBUH) aside and said to him: Will you not appoint me governor as you have appointed so-and-so? He (the Messenger of God) said: You will surely come across preferential treatment after me, so you should be patient until you meet me at the Cistern (al-Kawthar). [SM: 3432]

* Hudhayfah Ibn al-Yaman, RAA, reported: People used to ask the Messenger of God (PBUH) about the good times, but I used to ask him about bad times fearing lest they overtake me. I said: Messenger of God, we were in the midst of ignorance and evil, and then God brought us this good (time through Islam). Is there any bad time after this good one? He said: Yes. I asked: Will there be a good time again after that bad time? He said: Yes, but therein will be a hidden evil. I asked: What will be the evil hidden therein? He said: (That time will witness the rise of) the people who will adopt ways other than mine and seek guidance other than mine. You will know good points as well as bad points. I asked: Will there be a bad time after this good one? He said: Yes. (A time will come) when there will be people standing and inviting at the gates of Hell. Who so responds to their call they will throw them into the fire. I said: Messenger of God, describe them for us. He said: All right. They will be a people having the same complexion as ours and speaking our language. I said: Messenger of God, what do you suggest if I happen to live in that time? He said: You should stick to the main body of the Muslims and their leader. I said: If they have no (such thing as the) main body and have no leader? He said: Separate yourself from all these factions, though you may have to eat the roots of trees (in a jungle) until death comes to you and you are in this state. [SM: 3434]

* Ibn Abbas, RAA, reported: The Messenger of God (PBUH) said: One who found in his Amir (leader) something which he disliked should hold his patience, for one who separated from the main body of the Muslims even to the extent of a hand-span and then he died would die the death of one belonging to the days of Jahiliyah. [SM: 3438]

* Jabir, RAA, narrated: We were one thousand and four hundred on the Day of al-Hudaybiyah we swore fealty to him (the Prophet) and `Umar was holding the Prophet's hand (when he was sitting) under the tree (called) Samurah (to administer the oath to the Companions). We took oath to the effect that we would not flee (from the battlefield if there was an encounter with the Meccans), but we did not take oath to fight to death. [SM: 3449]

* al-Musaiyib Ibn Hazn's Hadíth, may God be pleased with them: Sa'id Ibn al-Musaiyib reported: My father was one of those who swore fealty to the Messenger of God (PBUH) near the tree. When we passed that way next year intending to perform the Hajj, the place of the tree was hidden to us. If you could point out clearly, you would (certainly) be knowing better. [SM: 3459]

* Salamah's Hadíth, RAA: It has been narrated on the authority of Yazid Ibn Abi 'Ubayd who said: I asked Salamah as to what effect he had sworn fealty to the Messenger of God (PBUH) on the Day of al-Hudaybiyah He said: To the effect that we will die fighting. [SM: 3462]

* Abdullah Ibn Zayd's Hadíth, RAA: 'Abbad Ibn Tamim reported that a person came to Abdullah Ibn Zayd and said: Here is Ibn Hanzhalah getting people swear allegiance to him. He (Abdullah) asked: To what effect? He replied: To the effect that they will die for him. Abdullah said: I will never swear allegiance to this effect after the Messenger of God (PBUH). [SM: 3463]

* Salamah Ibn al-Akwa's Hadíth, RAA: Yazid Ibn Abi Ubayd reported that Salamah Ibn al-Akwa' visited al-Hajjaj who said to him: O son of al-Akwa', you have returned to old habits and come to live again in desert areas with the Bedouins (after your migration). He said: No, but the Messenger of God (PBUH) has permitted me to live in the desert. [SM: 3464]

* Mujashi' Ibn Mas`ud al-Sulami, RAA, reported: I came to the Prophet (PBUH) to offer him my pledge of migration. He said: The period of migration has expired (and those who were to get the reward for this great act of devotion have got it). You may now give your pledge to serve the cause of Islam, to strive in the way of God and to follow the path of virtue. [SM: 3465]

* Ibn Abbas, RAA, reported: The Messenger of God (PBUH) said on the Day of the Conquest of Mecca: There is no Hijrah now, but (only) Jihad (fighting for the cause of Islam) and sincerity of purpose (have great reward); when you are asked to set out (on an expedition undertaken for the cause of Islam) you should (readily) do so. [SM: 3467]

* Aishah, may God be pleased with her, reported: The Messenger of God (PBUH) was asked about migration, whereupon he said: There is no migration after the Conquest (of Mecca), but Jihad and sincere intention. When you are asked to set out (for the cause of Islam) you should set out. [SM: 3468]

* Abu Sa'id al-Khudri, RAA, reported: A Bedouin asked the Messenger of God (PBUH) about Migration. He replied: Do you talk of Hijrah? The affair of Hijrah is very difficult. But have you got camels? The Bedouin said: Yes. He asked: Do you pay the poor-due payable on their account? He replied: Yes. He (the Prophet) said: Go on doing good deeds (across the seas), for surely God will not leave any of your deeds unrewarded. [SM: 3469]

* Abdullah Ibn `Umar, may God be pleased with them, reported: We used to take oath to the Messenger of God (PBUH) that we would listen to and obey his orders. He would tell us (to say in the oath): as far as it lies in my power. [SM: 3472]

* Ibn `Umar, may God be pleased with them, reported: The Messenger of God (PBUH) inspected me on the battlefield on the Day of Uhud, and I was fourteen years old. He did not allow me. He inspected me on the Day of the Ditch. He allowed me. [SM: 3473]

* Abu Hurayrah, RAA, reported: The Messenger of God (PBUH) said: God has undertaken to look after the affairs of one who goes out to fight in His way believing in Him and affirming the truth of His Messengers. He is committed to His care that He will either admit him to Paradise or bring him back to his home from where he set out with a reward or (his share of) booty. By the Being in Whose Hand is the life of Muhammad, if a person gets wounded in the way of God, he will come on the Day of Judgment with his wound in the same condition as it was when it was first inflicted; its color being the color of blood but its smell will be the smell of musk. By the Being in Whose Hand is Muhammad's life, if it were not to be too hard upon the Muslims, I would not lag behind any expedition which is going to fight in the cause of God. But I do not have abundant means to provide them (the Mujahids) with riding beasts, nor have they (i.e. all of them) abundant means (to provide themselves with all the means of Jihad) so that they could be left behind. By the Being in Whose Hand is Muhammad's life, I love to fight in the way of God and be killed, to fight and again be killed and to fight again and be killed. [SM: 3484]

* Anas Ibn Malik, RAA, reported: The Messenger of God (PBUH) said: Nobody who dies and has something good for him with God will (ever like to) return to this world even though he were offered the whole world and all that is in it (as an inducement), except the martyr who desires to return and be killed in the world for the (great) merit of martyrdom that he has seen. [SM: 3488]

* Abu Hurayrah, RAA, reported: The Messenger of God (PBUH) said: God laughs at two men, both of whom will enter Paradise (though) one of them kills the other. They said: Messenger of God, how is it? He said: One of them fights in the way of God, the Almighty and Exalted, and dies a martyr. Then God turns in mercy to the murderer who embraces Islam, fights in the way of God, the Almighty and Exalted, and dies a martyr. [SM: 3504]

* Abu Musa al-Ash`ari, RAA, reported: A desert Arab came to the Prophet (PBUH) and said: Messenger of God, one man fights for the spoils of war; another fights that he may be remembered, and another fights that he may see his (high) position (achieved as a result of his valor in fighting). Which of these is fighting in the cause of God? The Messenger of God (PBUH) said: One who fights with the aim of exalting the word of God is a fighter in the way of God. [SM: 3524]

* Umar Ibn al-Khattab, RAA, reported: The Messenger of God (PBUH) said: (The value of) an action depends on the intention behind it. A man will be rewarded only for what he intended. The emigration of one who emigrates for the sake of God and His Messenger (PBUH) is for the sake of God and His Messenger (PBUH); and the emigration of one who emigrates for gaining a worldly advantage or for marrying a woman is for what he has emigrated. [SM: 3530]

* Abu Hurayrah, RAA, reported: The Messenger of God (PBUH) said: While a man walks along a path, finds a thorny twig lying on the way and puts it aside, God would appreciate it and forgive him. The Prophet (PBUH) said: The martyrs are of five kinds: one who dies of plague; one who dies of diarrhea (or cholera); one who is drowned; one who is buried under debris and one who dies fighting in the way of God, the Great and Almighty. [SM: 3538]

* Abu Hurayrah, RAA, stated: The Prophet (PBUH) said: Traveling is a tortuous experience. It deprives a person of his sleep, his food and drink. When one of you has accomplished his purpose; he should hasten his return to his family. [SM: 3554]

* Anas Ibn Malik, RAA, reported: The Messenger of God (PBUH) would not come (back) to his family by night. He would come to them in the morning or in the evening. [SM: 3555]

* Abu Hurayrah, RAA, reported: God's Messenger (PBUH) said: The vilest name in God's sight is Malik al-Amlak (King of Kings). The narration transmitted on the authority of Ibn Abu Shaybah (contains these words): There is no king but God, the Exalted and Glorious. [SM: 3993]

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Penalties in Hadíth

* Narrated Aishah: Whenever the Prophet was given an option between two things, he used to select the easier of the tow as long as it was not sinful; but if it was sinful, he would remain far from it. By God, he never took revenge for himself concerning any matter that was presented to him, but when God's Limits were transgressed, he would take revenge for God's Sake. [Bukhari: Volume 8, Book 81, Number 777]

* On the authority of Aishah: Usama approached the Prophet on behalf of a woman (who had committed theft). The Prophet said, “The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet) did that (i.e. stole), I would cut off her hand." [Bukhari: Volume 8, Book 81, Number 778]

* On the authority of Aishah: The Prophet said, "The hand should be cut off for stealing something that is worth a quarter of a dinar or more." [Bukhari: Volume 8, Book 81, Number 780]

* On the authority of Aishah: The hand of a thief was not cut off during the lifetime of the Prophet except for stealing something equal to a shield in value. [Bukhari: Volume 8, Book 81, Number 783]

* On the authority of Abu Hurayrah: God's Messenger said, "When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it; and when somebody drinks an alcoholic drink, then he is not believer at the time of drinking, and when a thief steals, he is not a believer at the time when he is stealing; and when a robber robs and the people look at him, then he is not a believer at the time of doing it." Abu Hurayrah in another report narrated the same from the Prophet with the exclusion of robbery. [Bukhari: Volume 8, Book 81, Number 763]

* On the authority of Anas Ibn Malik: The Prophet beat a drunk with palm-leaf stalks and shoes. Abu Bakr gave (such a sinner) forty lashes. [Bukhari: Volume 8, Book 81, Number 764]

* On the authority of `Uqba Ibn al-Harith: al-Nu`man or the son of al-Nu`man was brought to the Prophet on a charge of drunkenness. So the Prophet ordered all the men present in the house, to beat him. So all of them beat him, and I was also one of them who beat him with shoes. [Bukhari: Volume 8, Book 81, Number 765]

* On the authority of Abu Salamah: Abu Hurayrah said, "A man who drank wine was brought to the Prophet. The Prophet said, 'Beat him!" Abu Hurayrah added, "So some of us beat him with our hands, and some with their shoes, and some with their garments (by twisting it) like a lash, and then when we finished, someone said to him, “May God disgrace you!” On that the Prophet said, 'Do not say so, for you are helping Satan to overpower him. [Bukhari: Volume 8, Book 81, Number 768]

* On the authority of `Ali Ibn Abi Talib: I would not feel sorry for one who dies because of receiving a legal punishment, except the drunk, for if he should die (when being punished), I would give blood money to his family because no fixed punishment has been ordered by God's Messenger for the drunk. [Bukhari: Volume 8, Book 81, Number 769]

* On the authority of `Umar Ibn al-Khattab: During the lifetime of the Prophet there was a man called Abdullah whose nickname was donkey, and he used to make God's Messenger laugh. The Prophet lashed him because of drinking (alcohol). One-day he was brought to the Prophet on the same charge and was lashed. On that, a man among the people said, "O God, curse him. How frequently he has been brought (to the Prophet on such a charge)!" The Prophet said, "Do not curse him, for by God, I know for he loves God and His Messenger.” [Bukhari: Volume 8, Book 81, Number 771]

* On the authority of Ibn Abbas: The Prophet said, "When (a person) an adulterer commits illegal sexual intercourse then he is not a believer at the time he is doing it; and when somebody steals, then he is not a believer at the time he is stealing." [Bukhari: Volume 8, Book 81, Number 773]

* On the authority of Abu Hurayrah: The Prophet said, "God curses a man who steals an egg and gets his hand cut off, or steals a rope and gets his hands cut off." al-A'mash said, "People used to interpret the Baida as an iron helmet, and they used to think that the rope may cost a few dirhams." [Bukhari: Volume 8, Book 81, Number 774]

* Anas Ibn Malik, RAA, reported: A Jew killed a girl with a stone for her silver ornaments. She was brought to God's Messenger (PBUH) when there was yet some life in her. He (the Prophet) said to her: Has so and so killed you? She indicated with the nod of her head: No. He said for the second time, and she again said: No with the nod of her head. He asked for the third time, and she said: Yes with the nod of her head; and God's Messenger (PBUH) commanded to crush his head between two stones. [SM 3165]

* `Umar Ibn al-Khattab, RAA, said: Verily God sent Muhammad (PBUH) with truth and He sent down the Book upon him, and the verse of stoning was included in what was sent down to him. We recited it, retained it in our memory and understood it. God's Messenger (my peace be upon him) awarded the penalty of stoning to death (to the married adulterer and adulteress) and, after him, we also awarded the penalty of stoning. I am afraid that, with the lapse of time, the people (may forget it) and may say: We do not find the penalty of stoning in the Book of God, and thus go astray by abandoning this duty prescribed by God. Stoning is a duty laid down in God's Book for married men and women who commit adultery when proof is established, or if there is pregnancy, or a confession. [SM 3201]

* Abu Hurayrah, RAA, reported: A person from among the Muslims came to God's Messenger (PBUH) while he was in the mosque. He called him saying: God's Messenger, I have committed adultery. He (the Prophet) turned away from him, He (again) came round facing him and said to him: God's Messenger, I have committed adultery. He (the Prophet) turned away until he did that four times, and as he testified four times against his own self, God's Messenger (PBUH) called him and said: Are you mad? He said: No. He (again) said: Are you married? He said: Yes. Thereupon God's Messenger (PBUH) said: Take him and stone him. [SM: 3202]

* Ibn Abbas, may God be pleased with them, reported: God's Messenger (PBUH) said to Mu'iz Ibn Malik: Is it true what has reached me about you? He said: What has reached you about me? He said: It has reached me that you have committed (adultery) with the female-slave of so and so? He said: Yes. He (the narrator) said: He testified four times. He (the Prophet) then made pronouncement about him and he was stoned (to death). [SM: 3205]

* Abu Hurayrah and Zayd Ibn Khalid al-Juhani, may God be pleased with them, reported: One of the desert dwellers came to God's Messenger (PBUH) and said: Messenger of God, I beg you in the name of God that you pronounce judgment about me according to the Book of God. The second claimant who was wiser than him said: well, decide among us according to the Book of God, but permit me (to say something). Thereupon God's Messenger (PBUH) said: Say. He said: My son was a servant in the house of this person and he committed adultery with his wife. I was informed that my son deserved stoning to death (as punishment for this offense). I gave one hundred goats and a female-slave as ransom for this. I asked the scholars (if this could serve as expiation for this offense). They informed me that my son deserved one hundred lashes and exile for one year, and this woman deserved stoning (as she was married). Thereupon God's Messenger (PBUH) said: By Him in Whose Hand is my life, I will decide between you according to the Book of God: the female-slave and the goats should be given back, and your son is to be punished with one hundred lashes and exile for one year. O Unays, go to this woman in the morning; and if she makes a confession, then stone her. He (the narrator) said: He went to her in the morning and she made a confession. God's Messenger (PBUH) made pronouncement about her and she was stoned to death. [SM: 3210]

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Property Rights and other Legal Limitations in Hadíth

* Malik related to me from Nafi from Abdullah Ibn Umar that the Messenger of God, (PBUH), said, “It is the duty of a Muslim man who has something to be given as a bequest not to spend two nights without writing a will about it.”

* Malik said, “the generally agreed-on way of doing things in our community is that when the testator writes something in health or illness as a bequest, and it has freeing slaves or things other than that in it, he can alter it in any way he chooses, until he is on his deathbed. If he prefers to abandon a bequest or change it, he can do so unless he has made a slave mudabbar (to be freed after his death). If he has made him mudabbar, there is no way to change what he has made mudabbar. He is allowed to change his testament because the Messenger of God, (PBUH), said, "It is the duty of a Muslim man who has something to be given as a bequest not to spend two nights without writing a will about it."

* Malik explained, "Had the testator not been able to change his will nor what was mentioned in it about freeing slaves, each testator might withhold making bequests from his property, whether in freeing slaves or other than it. A man gives a bequest in his health and in his traveling." (i.e. he does not wait until his death bed ) .

* Malik summed up, "The way of doing things in our community about which there is no dispute is that he can change whatever he likes of that except for the mudabbar." [Muwatta’: Book 37, Number 37.1.1]

* Malik related to me from Abdullah Ibn Abi Bakr Ibn Hazm that Amr Ibn Sulaym al-Zuraqi informed his father that it had been said to Umar Ibn al-Khattab, "There is here an adolescent boy who has not yet reached puberty. He is from the Ghassan tribe and his heir is in ash-Sham. He has property. Here he only has the daughter of one of his paternal uncles." Umar Ibn al-Khattab instructed, "Let him leave her a bequest." He willed her a property called the well of Jusham.

* Malik added, "That property was sold for 30,000 dirhams, and the daughter of the paternal uncle to whom he willed it was the mother of Amr Ibn Sulaym al-Zuraqi." [Muwatta’: Book 37, Number 37.2.2]

* Malik related to me from Yahya Ibn Said from Abu Bakr Ibn Hazm that a boy from Ghassan was dying in Madinah while his heir was in Syria. That was mentioned to Umar Ibn al-Khattab. It was said to him, "So-and-so is dying. Shall he make a bequest?" He said, "Let him make a bequest." Yahya Ibn Said said that Abu Bakr had said, "He was a boy of ten or twelve years." Yahya said, "He willed the well of Jusham, and his people sold it for 30,000 dirhams." Yahya said that he heard Malik say, "The generally agreed-on way of doing things in our community is that a simpleton, an idiot, or a lunatic who recovers at times, can make wills if they have enough of their wits about them to recognize what they will. Someone who has not enough wits to recognize what he wills, and is overcome in his intellect, cannot make a bequest." [Muwatta’: Book 37, Number 37.2.3]

* Malik related to me from Ibn Shihab from Amir Ibn Sad Ibn Abi Waqqas that his father said, "The Messenger of God, (PBUH), came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of God, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqah?' The Messenger of God, (PBUH), said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of God, (PBUH), said, and ‘A third and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of God by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of God, will I be left here in Mecca after my companions have departed for Madinah?' The Messenger of God, (PBUH), said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O God! Complete their hijrah for my companions, and do not turn them back on their heels. The unfortunate one is Said Ibn Khawla.' The Messenger of God, (PBUH), was distressed on his account for he had died at Mecca." Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed." Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such-and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach." [Muwatta’: Book 37, Number 37.3.4]

* Yahya said that he heard Malik say, "The best of what I have heard about the testament of a pregnant woman and about what settlements she is permitted in her property is that the pregnant woman is like the sick person. When the illness is light, and one does not fear for the sick person, he does with his property what he likes. If the illness is such that his life is feared for, he can only dispose of a third of his estate." He said, "It is the same with a woman who is pregnant. The beginning of pregnancy is good news and joy. It is not illness and no fear because God the Blessed, the Exalted, said in His Book, 'We gave her good news of Ishaq and after Ishaq, Yaqub.' [2:71]. He said, 'She bore a light burden and passed by with it, but when she became heavy, they called upon God, their Lord, "If you give us a good-doing son, we will be among the thankful." [7:189]. "When a pregnant woman becomes heavy, she is only permitted to dispose of a third of her estate. The beginning of this restriction is after six months. God, the Blessed, the Exalted, said in His Book, 'Mothers suckle their children for two complete years.' And He said, 'his bearing and weaning are thirty months.' [2:233]. "When six months have passed for the pregnant woman from the day she conceived, she is only permitted to dispose of a third of her property." Yahya said that he heard Malik say, "A man who is advancing in the row for battle, can only dispose of a third of his property. He is in the same position as a pregnant woman or an ill person who is feared for, as long as he is in that situation." [Muwatta’: Book 37, Number 37.4.4a]

* On the authority of Ubaydah Ibn al-Samit: I taught some persons of the people of Suffah writing and the Qur'an. A man of them presented to me a bow. I said: It cannot be reckoned property; may I shoot with it in God's path? I must come to the Messenger of God (PBUH) and ask him (about it). So I came to him and said: Messenger of God (PBUH), one of those whom I have been teaching writing and the Qur'an has presented me with a bow, and as it cannot be reckoned property, may I shoot with it in God's path? He said: If you want to have a necklace of fire on you, accept it. [Abu Dawud (AD): Book 23, Number 3409]

* On the authority of Rafi' Ibn Khadij: The Prophet (PBUH) said: The earnings of a cupper are impure, the price paid for a dog is impure, and the hire paid to a prostitute is impure. [AD: Book 23, Number 3414]

* On the authority of Muhayyisah Ibn Ka'b: Muhayyisah asked permission of the Messenger of God (PBUH) regarding hire of the cupper, but he forbade him. He kept on asking his permission, and at last he said to him: feed your watering camel with it and feed your slave with it. [AD: Book 23, Number 3415]

* On the authority of Rafi' Ibn Rifa'ah: Tariq Ibn Abd al-Rahman al-Qarashi said: Rafi' Ibn Rifa'ah came to a meeting of the Ansar and said: The Prophet of God (PBUH) forbade us (from some things) today, and he mentioned some things: he forbade the earning of a slave-girl except what she earned with her hand. He indicated (some things) with his fingers such as baking, spinning, and ginning. [AD: Book 23, Number 3419]

* On the authority of Abu Mas`ud: The Prophet (PBUH) forbade the price paid for a dog, the hire paid to a prostitute, and the gift given to a soothsayer. [[AD: Book 23, Number 3421]

* On the authority of Umar Ibn al-Khattab: Abu Majidah said: I cut the ear of a boy, or he cut my ear (the narrator is doubtful). Abu Bakr then came to us to perform hajj and we got together with him. But he referred us to Umar Ibn al-Khattab. Umar (Ibn al-Khattab) said: This reached the extent of retaliation. Call a cupper to me so that he may retaliate. When the cupper was called, he (Umar) said: I heard the Messenger of God (PBUH) say: I gave a boy to my maternal aunt, and I hope that she will be blessed in respect of him. I said to her: Do not entrust him to a cupper, or to a goldsmith, or to a butcher. [AD: Book 23, Number 3423]

* On the authority of Jabir Ibn Abdullah: The Prophet (PBUH) said: If anyone buys a slave who possesses property, his property belongs to the seller unless the buyer makes a proviso. [AD: Book 23, Number 3428]

* On the authority of Anas Ibn Malik: The Prophet (PBUH) said: A townsman must not sell for a man from the desert, even if he is his brother or father. [AD: Book 23, Number 3433]

* On the authority of Talhah Ibn Ubaydullah: Salim al-Makki said that a Bedouin told him that he brought a she-camel in the time of the Messenger of God (PBUH). He alighted with Talhah Ibn Ubaydullah (and wanted to sell his mulch animal to him). He said: The Prophet (PBUH) forbade a townsman to sell for a man from the desert. But go to the market and see who buys from you; consult me thereafter, and then I shall ask you (to sell) or forbid you. [AD: Book 23, Number 3434]

* On the authority of Jabir Ibn Abdullah: The Prophet (PBUH) forbade payment for cat. [[AD: Book 23, Number 3437]

* On the authority of Abdullah Ibn Umar: The Prophet (PBUH) said: If anyone buys a sheep whose udders have been tied up, he has option for three days (for decision). If he returns it, he should return with it wheat equal to its milk or double of it. [AD: Book 23, Number 3439]

* On the authority of Abdullah Ibn Mas`ud: The Messenger of God (PBUH) forbade breaking the coins of the Muslims current among them except for some defect. [AD: Book 23, Number 3442]

* On the authority of Abu Hurayrah: A man came and said: Messenger of God, fix prices. He said: (No), but I shall pray. Again the man came and said: Messenger of God, fix prices. He said: It is but God Who makes the prices low and high. I hope that when I meet God, none of you has any claim on me for doing wrong regarding blood or property. [AD: Book 23, Number 3443]

* On the authority of Anas Ibn Malik: The people said: Messenger of God, prices have shot up, so fix prices for us. Thereupon the Messenger of God (PBUH) said: God is the one Who fixes prices, Who withholds, gives lavishly and provides, and I hope that when I meet God, none of you will have any claim on me for an injustice regarding blood or property. [AD: Book 23, Number 3444]

* On the authority of Abdullah Ibn Amr Ibn al-'As: The Prophet (PBUH) said: Both parties in a business transaction have a right to annul it so long as they have not separated unless it is a bargain with the option to annul is attached to it; and it is not permissible for one of them to separate from the other for fear that one may demand that the bargain be rescinded. [AD: Book 23, Number 3449]

* On the authority of Abu Hurayrah: When Abu Zur'ah made a business transaction with a man, he gave him the right of option. He then would tell him: Give me the right of option (to annul the bargain). He said: I heard Abu Hurayrah say: The Messenger of God (PBUH) said: Two people must separate only by mutual consent. [AD: Book 23, Number 3451]

* On the authority of Abu Hurayrah: The Prophet (PBUH) said: If anyone rescinds a sale with a Muslim, God will cancel his slip, on the Day of Resurrection. [AD: Book 23, Number 3453]

* On the authority of Abu Hurayrah: The Prophet (PBUH) said: If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury. [AD: Book 23, Number 3454]

* On the authority of Abdullah Ibn Umar: A man paid in advance for a palm-tree. It did not bear fruit that year. They brought their case for decision to the Prophet (PBUH). He said: for which do you make his property lawful? He then said: Do not pay in advance for a palm-tree until they (the fruits) were clearly in good condition. [AD: Book 23, Number 3460]

* On the authority of Abu Sa'id al-Khudri: The Prophet (PBUH) said: If anyone pays in advance he must not transfer it to someone else before he receives it. [AD: Book 23, Number 3461]

* On the authority of a man: A man from the immigrants of the Companions of the Prophet (PBUH) said: I participated in battle three times along with the Prophet (PBUH). I heard him say: Muslims have common share in three (things): grass, water and fire. [AD: Book 23, Number 3470]

* On the authority of Iyas Ibn Abd: The Messenger of God (PBUH) forbade the sale of excess water. [AD: Book 23, Number 3471]

* On the authority of Abdullah Ibn Umar: The Messenger of God (PBUH) forbade selling grain which one buys by measurement until one receives it in full. [AD: Book 23, Number 3488]

* On the authority of Zayd Ibn Thabit: Ibn Umar said: I bought olive oil in the market. When I became its owner, a man met me and offered good profit for it. I intended to settle the bargain with him, but a man caught hold of my hand from behind. When I turned I found that he was Zayd Ibn Thabit. He said: Do not sell it on the spot where you have bought it until you take it to your house, for the Messenger of God (PBUH) forbade selling the goods where they are bought until the tradesmen take them to their houses. [AD: Book 23, Number 3492]

* On the authority of Abdullah Ibn Amr Ibn al-'As: The Messenger of God (PBUH) forbade the type of transactions in which earnest money was paid. Malik said: This means, as we think—God better knows—that a man buys a slave or hires an animal, and he says: I give you a dinar on condition that if I give up the transaction or hire, what I gave you is yours. [AD: Book 23, Number 3495]

* On the authority of Hakim Ibn Hizam: Hakim asked (the Prophet): Messenger of God, a man comes to me and wants me to sell him something which is not in my possession. Should I buy it for him from the market? He replied: Do not sell what you do not possess. [AD: Book 23, Number 3496]

* On the authority of Uqba Ibn Amir: The Prophet (PBUH) said: The contractual obligation of a slave is three days. [AD: Book 23, Number 3499]

* On the authority of Aishah, Umm al-Mu'minin: The Messenger of God (PBUH) said: Profit follows responsibility. [AD: Book 23, Number 3501]

* On the authority of Aishah: A man bought a slave, and he remained with him as long as God wished him to remain. He then found defect in him. He brought his dispute with him to the Prophet (PBUH) and he returned him to him. The man said: Messenger of God, my slave earned some wages. The Messenger of God (PBUH) then said: Profit follows responsibility. [AD: Book 23, Number 3503]

* On the authority of Abu Hurayrah: The Prophet (PBUH) said: When land has been divided and boundaries have been set up, there is no right of pre-emption in it. [AD: Book 23, Number 3508]

* On the authority of Samurah: The Prophet (PBUH) said: A neighbor has the best claim to the house or land of the neighbor. [AD: Book 23, Number 3510]

* On the authority of Jabir Ibn Abdullah: The Prophet (PBUH) said: The neighbor is most entitled to the right of pre-emption, and he should wait for its exercise even if he is absent, when the two properties have one road. [AD: Book 23, Number 3511]

* On the authority of Abu Bakr Ibn Abd al-Rahman Ibn al-Harith Ibn Hisham: The Prophet (PBUH) said: If a man sells (his) property and the man who buys it becomes insolvent, and the seller does not receive the price of the property he had sold, but finds his very property with him (i.e. the buyer), he is more entitled to it (than others). If the buyer dies, then the owner of the property is equal to the creditors. [AD: Book 23, Number 3513]

* On the authority of Abu Hurayrah: A similar tradition (to the No. 3513) has been transmitted by Abu Hurayrah from the Prophet (PBUH).

This version has: If he paid something from its price, then he will be equal to the creditors in the remaining price. If a man dies and he has the very property of a man (i.e. seller), he is equal to the creditors whether he (the buyer) pays him (the price) or not. [AD: Book 23, Number 3515]

* On the authority of Abu Hurayrah: Umar Ibn Khaldah said: We came to Abu Hurayrah who had become insolvent. He said: I shall decide between you on the basis of the decision of the Messenger of God (PBUH): If anyone becomes insolvent or dies and the man (the seller) finds his very property with him, he is more entitled to it (than others). [AD: Book 23, Number 3516]

* On the authority of Amir al-Sha'bi: The Prophet (PBUH) said: If anyone finds an animal whose owners were helpless to provide fodder to it and so they turned it out (of their house), and he took it and looked after it, it will belong to him. [AD: Book 23, Number 3517]

* On the authority of al-Sha'bi: The Prophet (PBUH) said: If anyone leaves an animal at a place of perishing and another man brings it to life, it belongs to him who brings it to life. [AD: Book 23, Number 3518]

* On the authority of Umar Ibn al-Khattab: reported the Prophet (PBUH) as saying: There are people from the servants of God who are neither prophets nor martyrs; the prophets and martyrs will envy them on the Day of Resurrection for their rank from God, the Most High. They (the people) asked: Tell us, Messenger of God, who are they? He replied: They are people who love one another for the spirit of God, without having any mutual kinship and giving property to one. I swear by God, their faces will glow and they will be (sitting) in (pulpits of) light. They will have no fear (on the day) when the people will have fear, and they will not grieve when the people will grieve. He then recited the following Qur'anic verse: "Behold! Verily for the friends of God there is no fear, nor shall they grieve." [AD: Book 23, Number 3520]

* On the authority of Abdullah Ibn Amr Ibn al-'As: A man came to the Prophet (PBUH) and said: Messenger of God, I have property and children, and my father finishes my property. He replied; you and your property belong to your father; your children come from the pleasantest of what you earn; so enjoy from the earning of your children. [AD: Book 23, Number 3523]

* On the authority of Ya'la Ibn Umayyah: The Messenger of God (PBUH) said to me: When my messengers come to you, give them thirty coats of mail, and thirty camels. I asked: Messenger of God, is it a loan with a guarantee of its return, or a loan to be paid back? He replied: It is a loan to be paid back. [AD: Book 23, Number 3559]

* On the authority of al-Bara' Ibn Azib: al-Bara' had a she-camel which was accustomed to graze the standing crop belonging to the people. She entered a garden and did damage to it. The Messenger of God (PBUH) was informed about it.

So he gave decision that the owners of gardens are responsible for guarding them by day, and the owners of the animals are responsible for guarding them by night. Any damage done by animals during the night is a responsibility lying on their owners. [AD: Book 23, Number 3563]

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Review and Analysis Questions

1. As you read the selected reading from the Qur’an, develop a list of rights that are said to be protected by divine sanctions. Similarly, compile a list of what you perceive to be a fundamental human right that are curbed, limited, trounced, or denied per Qur’anic mandate.

2. Do the same with the selection from the Hadíth literature and emphasize any discrepancies between the Qur’anic discourse and the Hadithic one.

3. Examine the verses and ahadith dealing with the issue of slavery and indicate how they could be interpreted to legitimize or discourage the practice.

4. By relying on the Qur’anic and Hadithic tradition alone, appraise the status of women in the seventh and eighth centuries.

5. What is the status of the human being based on the selected readings from the Qur’an and the Hadíth?

6. Based on the passages from the Qur’an and the Hadíth, appraise the relationship between the governing authorities and the governed, who is in charge of establishing the law and the social order, who can hold the post of the ruler, what authority does the ruler has, what rights do the ruled have, what is the nature of the governing system, and describe the possible social classes that may emerge based on the Qur’anic and Hadithic discourses?

7. Appraise the status of religious minorities, freedom of belief, and freedom of worship as discussed in the Qur’an and the Hadíth.

8. Discuss the rules governing war and peace between Muslims and non-Muslims as addressed in the Qur’an and the Hadíth.

9. How does the Qur’an and the Hadíth perceive the place of mankind in the universe (in relation to God, other people, animals, the natural resources), reference your conclusions.

10. Discuss property rights, business transaction contracts, and legal procedure as outlined in the Qur’an and the Hadíth.

11. Describe the circumstances that allowed for the emerging of the Sunnah/Hadíth as an authoritative legal source

12. What is the difference between the Qur’an and the Sunnah? How are they used to extract legal opinions?

13. What is the determining element that politicized Islam: the nature of the Qur’anic discourse, the Hadíth, the migration to Madinah, the practice of the Caliphs, or all the above? Argue your case

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Human Rights In CLASSICAL IslamIC THOUGHT

Today, the notion of “rights” are discussed in the context of individuals’ struggle against the “state” to preserve one’s privileged (God or Nature given “rights” to an number of things that we will determine as this discussion progresses. This framing of the issue of human rights is not a recent event; in fact, throughout history, claims of rights were always addressed to remedy an abuse of power. The recent development only refined identity of who is in the position of power and who stands responsible, as a matter of law, for the abuse. All actors on behalf of a state or an entity that perpetrate abuse and violate the “rights” of peoples are now held accountable.

The first form of an “Islamic state” was created in Madinah; and from where we stand today, we can scrutinize the record of that state to look for instances of abuse or lack thereof, for presence of mechanisms that promote and protect rights or lack thereof, and for the institutions that governed the entire balance of power. Without going into too many details, it is fair to say that during the lifetime of the Prophet Muhammad and through the Caliphate of Ali, the social order and the form of governance was never a subject of modern-day political discourse: all forms of social relations were decided from the bottom down. First, the mundane and religious rules were decided in the “revelations”, and during the Righteously Guided Caliphate, social norms were decided by interpretation in its narrowest sense. The political discourse did not emerge until the Umayyad rule.

During the Umayyad Caliphate a number of things happened. First of all, the role of ethnicity and tribal affiliation returned to the political scene. Governors and administrators were not selected based on their merit and personal qualifications, rather personal loyalty and biological affinity became central in the process of selecting administrators and political and military leaders of the state as the Caliphate became a pure monarchy. The other feature of this time period is the lack of religious credential of the Caliphs. This is especially important, as it may have been the cause of the emerging of independent scholars. The role of the members of the family of the Prophet (Ahl al-Bayt) can only be forced into the forefront given their special place in the eyes of the masses. The civil war that brought Ali and Mu`awiyyah on a collision course, continued to place the surviving descendants of Ali at the forefront of every rebellious movement. The Prophet’s grandson’s rebellion is just one example (Hussein, Karbala, and other Shi’ite rebellions should come to mind here). This clear dichotomy or apparent separation of political and religious authority did not change after the fall of the Umayyads and the rise of the Abbasids, despite the latter’s excessive display of piety.

Scholars continued to form an independent class whose affiliation with the political leadership varied from one scholar to another and from one Caliph to the next. As for the Sunnis, the `ulama sought the support of the Caliph; hence, their religious leadership grew under the watch of the political one. There had been disagreements and, at times, crises like the inquisition (mihnah). The mihnah years exemplified the shifting loyalties and patronage that existed then. In the meantime, Shi`ite scholarship continued to develop under the guidance of their Imams. During the Abbasids rule, the Shi`ite leaders seemed to be satisfied by their limited role as spiritual leaders. During this time period, scholars in both camps, the Shi`ite and the Sunnite, sought to find logical as well as authoritative means that will enable them to survive in the absence of the Caliphal political support. The Shi`ites claimed their direct lineage to the Prophet to be a source of authority. They, or at least their representatives, made it clear that the Imams are the guarantors of the “true faith” and “true knowledge.” God’s grace (lutf) would insure that the masses have access to absolute guidance. For that to happen, God first sent the Prophet Muhammad, the Prophet appointed Ali as his successor, Ali appointed Hassan, and each Imam would do the same until the end of time. The Shi`ite Imams are infallible (because of this notion of lutf); hence, their commands are as binding as those of the Prophet. Shi`ite school of thought would split into a number of tendencies nonetheless, but the themes had remained almost the same for all of them with the exception of some key concepts that were meant to address a particular set of circumstances for a particular school of thought. For example, the Twelvers (or Imamis) had invented the concepts of Minor and Major Occultation (Ghaybah Sughra and Ghaybah Kubra) in order to account for the disappearance of the twelfth Imam. Similarly, the Shi`ites had to accept the practice of ijtihad—developed by Sunni scholars—after the Major Occultation in order to answer new legal and religious questions that used to be the specialty of the Imam.

For the Sunnis, methodological, philosophical, and theological principles were to be implemented in order to provide some authoritative grounding for their legal and religious rulings. Principles like ijma`, qiyas, istihsan, istishab, istiqra’ etc… were articulated to the point that they produced new disciplines and new sciences like usul al-din, usul al-tafsir, usul al-fiqh, and many more. This era of intellectual growth reached its peak when Shafi`i codified and standardized the legal discipline by the third Islamic century. I postulate that it was at this time that the Islamic civilization became a literate society; that is one where books became sources of knowledge and were used as references. This era also represents, in my opinion, the last authoritative period, as scholars of this generation are more or less the last generation of scholars who could refer directly to the Qur'án or to the Sunnah and extract a legal or religious decree (fatwá) without being bound by the opinion of previous scholars. Although the scholars who succeeded these ones were considered mujtahids, I submit that they did not enjoy the sort of latitude known to the founders of the classical Islamic schools of jurisprudence. The product of these scholars then would remain as the third layer of authoritative documents that must be incorporated in any later opinion.

In summary, we can say that by the time Shafi`i systematized Islamic Sunni law, the consensus of Islamic scholarship was forming around some major concepts and principles. As to the sources of Islamic law, there emerged a consensus that the Qur'án constituted the primary source, while the Sunnah formed the secondary source of law. Having established that does not mean that an Islamic judge today could simply look into the Qur'án or the Sunnah literature and be able to issue his own legal ruling. The process is quite complex. First of all, the method of extracting legal or religious opinion is now coined under the technical term known as ijtihad. Ijtihad simply refers to the exerting of maximum effort in understanding the nature of the legal proofs (adillah shar`iyyah), then applying those principles in order to issue a final decree. The entire system of jurisprudence is of a layered nature, not only in matters of law, but also in matters of authority. In order to make this clearer, let’s take a hypothetical legal case and trace the path of the legal process up until the point where it emerges as a ready-to-use fatwá.

Let’s imagine an average Muslim named Saleh today who approaches his Imam (a Muslim lawyer or Mufti) seeking formal legal ruling regarding smoking whether it is allowed or not. To the layman, things are generally of two categories: legal or illegal (halal, or haram). To the mujtahid, the legal proofs are worded in such a way that it would allow for more than a black and white set of choices. Depending on the words chosen in a particular legal proof (dalil) in the Qur'án or the Sunnah, the legal ruling (hukm) could be anyone of five: obligation (wujub), prohibition (tahrim), neutrality (ibahah), favorability (istihbab), and dislike (karahah). The determination of whether something falls under any of the previous legal rulings depends on the language and context of the legal proofs; like negative and positive imperatives (al-amr wa al-nahy), neutral statements (khabar), or favorable and unfavorable recommendations (tafdil and adam al-tafdil). The scholars of legal theory—for us known as mujtahids—had already established these rules that are adhered to by scholars from all Islamic schools of thought. In addition to the above, the mujtahids had devised practical mechanisms and methods that would enable a Muslim lawyer (mufti), who is generally a specialist within one of the classical schools of thought, to issue a final decree. A lawyer’s final decree will then fall under one of those five rulings based on an explicit Qur’anic or Sunnaic text, on a previous consensus (ijma` al-salaf), on an analogy (qiyas), on the consideration of the welfare of the community (istihsan), on continuance (istishab), on deductive reasoning (istiqra’), or on established customs (`urf) in that order of hierarchy. Of course, it goes without saying that the latter tool must not produce a decree that conflicts with a conclusion reached via the preceding mechanism and so on and so forth. Returning to Saleh’s case, the lawyer might then issue a decree prohibiting smoking because it falls under the same category as other intoxicants that are prohibited by way of Qur’anic injunctions. He would then be said to have issued an order (fatwá) of prohibition (tahrim) based on the principle of analogy (qiyas). As to how smoking was classified under the same category as “intoxicants,” it must be noted that that topic again, is a matter of legal theory (usul); hence, a matter decided by mujtahids under the header of qualifiers (`ilal). All that a Mufti needed to do was to look into characteristics or traits that qualified intoxicants to be prohibited. Once that was done properly, the conclusions of the law is a straightforward process.

What follows from the above analysis is that, by the time of al-Shafi`i, Islamic law and jurisprudence, had reached maturity and became more or less a positive law with roots in religious doctrines. Islamic jurisprudence fully differentiated itself from other disciplines, and so did the Muftis who became a class in their own right. It is my personal opinion that there is an important technical difference between the Mufti (or the Faqih) and the Mujtahid; a Mujtahid is one who is qualified to deal primarily in legal theory (usul), whereas a Faqih is simply one who issues formal legal opinion in practical secondary matters (furu`). In this paradigm that I am proposing, the Mujtahid is more prolific; hence, being capable of playing both the role of the Mujtahid and the Mufti, whereas a Muslim lawyer may not be qualified to address legal theory matters. Subsequently, I would argue that the legal theory (usul al-fiqh) discipline is more inclusive then law (fiqh).

Now that we have dealt with the development of the differentiation of Islamic jurisprudence, we will proceed to examine documents from this time period that dealt with human rights issues in order to bridge modern thought with original sources of Islamic law, namely the Qur'án and the Sunnah. The document that follows is an illustrative and representative one. It tells us how Muslims of that era saw rights and responsibility, and it gives us a glimpse of the nature of social relations that existed at that time period.

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TREATISE ON RIGHTS

INTRODUCTION

KNOW—God have mercy upon you—that God has rights against you and that these encompass you in every movement through which you move, every rest through which you rest, every waystation in which you reside, every limb which you employ, and every instrument which you put to work. Some of these rights are greater and some less.

[A] [1] The greatest of God's rights against you is the right which He has made incumbent upon you for Himself and which is the root of all rights, then [2] those which He has made incumbent upon you in yourself, from your crown to your foot, in keeping with the diversity of your organs. He has given [3] your tongue a right against you, [4] your hearing a right against you, [5] your sight a right against you, [6] your hand a right against you, [7] your leg a right against you, [8] your stomach a right against you, [9] and your private part a right against you. These are the seven organs through which acts (af'al) take place.

[B] Then He gave your acts rights against you: He gave [10] your ritual prayer a right against you, [12] your fasting a right against you, [13] your charity a right against you, [14] your offering a right against you, and your acts a right against you.

[C] Then these rights extend out from you to others who have rights against you. The most incumbent of them against you are the rights toward your leaders (a'immah), then the rights toward your subjects (ra'iyyah), then the rights toward your womb [relatives] (rahim).

From these rights branch out other rights:

[C1] The rights of your leaders are three: The most incumbent upon you is [15] the right of him who trains you through authority, then [16] of him who trains you through knowledge, then [17] of him who trains you through property.

[C2] The rights of your subjects are three: The most incumbent upon you is [18] the right of those who are your subjects through authority, then [19] the right of those who are your subjects through knowledge for the man of ignorance is the subject of the man of knowledge then the right of those who are your subjects through property, such as [20] wives and [21] what is owned by the right hand.

[C3] The rights of your womb relatives are many; they are connected to you in the measure of the connection of the womb relationship. The most incumbent upon you is [22] the right of your mother, then [23] the right of your father, then [24] the right of your child, then [25] the right of your brother, then the next nearest, then the next nearest - the most worthy, then the next most worthy.

[D] Then there is [26] the right of your master who favors you [by freeing you from slavery], then [27] the right of the slave whose favors reach you [by the fact that you free him], then [28] the right of him who does a kindly act toward you, then [29] the right of the muezzin who calls you to the ritual prayer, then [30] the right of the imam who leads the prayer, then [31] the right of your sitting companion, then [32] the right of your neighbor, then [33] the right of your companion, then [34] the right of your partner, then [35] the right of your property, then the right of him who has a debt he must pay back to you, then [36] the right of him to whom you owe a debt, then [37] the right of your associate, then [38] the right of your adversary who has a claim against you, then [39] the right of your adversary against whom you have a claim, then [40] the right of him who asks you for advice, then [41] the right of him whom you ask for advice, then [42] the right of him who asks your counsel, then [43] the right of him who counsels you, then [44] the right of him who is older than you, then [45] the right of him who is younger than you, then [46] the right of him who asks from you, then [47] the right of him from whom you ask, then the right of [48] him who does something evil to you through word or deed, or [49] him who makes you happy through word or deed, intentionally or unintentionally, then [50] the right of the people of your creed, then [51] the right of the people under your protection, then all rights in the measure of the causes of the states and the occurrence of events.

Therefore happy is he whom God aids in the rights which He has made incumbent upon him and whom He gives success therein and points in the proper direction!

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A. RIGHTS OF GOD AGAINST ONESELF

[1] The greatest right of God against you is that you worship Him without associating anything with Him. When you do that with sincerity (ikhlas), He has made it binding upon Himself to give you sufficiency in the affair of this world and the next.

[2] The right of your self (nafs) against you is that you employ it in obeying God; then you deliver to your tongue its right, to your hearing its right, to your sight its right, to your hand its right, to your leg its right, to your stomach its right, to your private part its right, and you seek help from God in all that.

[3] The right of the tongue is that you consider it too noble for obscenity, accustom it to good, refrain from any meddling in which there is nothing to be gained, express kindness to the people, and speak well concerning them.

[4] The right of hearing is to keep it pure from listening to backbiting (ghiba) and listening to that to which it is unlawful to listen.

[5] The right of sight is that you lower it before everything which is unlawful to you and that you take heed whenever you look at anything.

[6] The right of your hand is that you stretch it not toward that which is unlawful to you.

[7] The right of your two legs is that you walk not with them toward that which is unlawful to you. You have no escape from standing upon the narrow bridge (al-sirat [over hell]), so you should see to it that your legs do not slip and cause you to fall into the Fire.

[8] The right of your stomach is that you make it not into a container for that which is unlawful to you and you eat no more than your fill (shib').

[9] The right of your private part (farj) is that you protect it from fornication and guard it against being looked upon.

B. RIGHT OF ACTS

[10] The right of your ritual prayer (salat) is that you know that it is an arrival before God and that through it you are standing before Him. When you know that, then you will stand in the station of him who is lowly, vile, beseeching, trembling, hopeful, fearful, and abased, and you will magnify Him who is before you through stillness and dignity. You will approach the prayer with your heart and you will perform it according to its bounds and its rights.

[11] The right of the hajj is that you know it is an arrival before your Lord and a flight to Him from your sins; through it your repentance is accepted and you perform an obligation made incumbent upon you by God.

[12] The right of fasting is that you know it is a veil which God has set up over your tongue, your hearing, your sight, your stomach, and your private part to protect you from the Fire. If you abandon the fast, you will have torn God's protective covering away from yourself.

[13] The right of charity (sadaqah) is that you know it is a storing away with your Lord and a deposit for which you will have no need for witnesses. If you deposit it in secret, you will be more confident of it than if you deposit it in public. You should know that it repels afflictions and illnesses from you in this world and it will repel the Fire from you in the next world.

[14] The right of the offering (hady) is that through it you desire God and you not desire His creation; through it you desire only the exposure of your soul to God's mercy and the deliverance of your spirit on the day you encounter Him.

C1. RIGHTS OF LEADERS

[15] The right of the possessor of authority (sultan) is that you know that God has made you a trial (fitna) for him. God is testing him through the authority He has given him over you. You should not expose yourself to his displeasure, for thereby you cast yourself by your own hands into destruction and become his partner in his sin when he brings evil down upon you.

[16] The right of the one who trains you (sa'is) through knowledge is magnifying him, respecting his sessions, listening well to him, and attending to him with devotion. You should not raise your voice toward him. You should never answer anyone who asks him about something, in order that he may be the one who answers. You should not speak to anyone in his session nor speak ill of anyone with him. If anyone ever speaks ill of him in your presence, you should defend him. You should conceal his faults and make manifest his virtues. You should not sit with him in enmity or show hostility toward him in friendship. If you do all of this, God's angels will give witness for you that you went straight to him and learned his knowledge for God's sake, not for the sake of the people.

[17] The right of him who trains you through property is that you should obey him and not disobey him, unless obeying him would displease God, for there can be no obedience to a creature when it is disobedience to God.

C2. RIGHTS OF SUBJECTS

[18] The right of your subjects through authority is that you should know that they have been made subjects through their weakness and your strength. Hence it is incumbent upon you to act with justice toward them and to be like a compassionate father toward them. You should forgive them their ignorance and not hurry them to punishment and you should thank God for the power over them which He has given to you.

[19] The right of your subjects through knowledge is that you should know that God made you a caretaker over them only through the knowledge He has given you and His storehouses which He has opened up to you. If you do well in teaching the people, not treating them roughly or annoying them, then God will increase His bounty toward you. But if you withhold your knowledge from people or treat them roughly when they seek knowledge from you, then it will be God's right to deprive you of knowledge and its splendor and to make you fall from your place in people's hearts.

[20] The right of your wife (zawja) is that you know that God has made her a repose and a comfort for you; you should know that she is God's favor toward you, so you should honor her and treat her gently. Though her right toward you is more incumbent, you must treat her with compassion, since she is your prisoner (asir) whom you feed and clothe. If she is ignorant, you should pardon her.

[21] The right of your slave (mamluk) is that you should know that he is the creature of your Lord, the son of your father and mother, and your flesh and blood. You own him, but you did- not make him; God made him. You did not create any one of his limbs, nor do you provide him with his sustenance; on the contrary, God gives you the sufficiency for that. Then He subjugated him to you, entrusted him to you, and deposited him with you so that you may be safeguarded by the good you give to him; so act well toward him, just as God has acted well toward you. If you dislike him, replace him, but do not torment a creature of God. There is no strength save in God.

C3. RIGHTS OF WOMB RELATIVES

[22] The right of your mother is that you know that she carried you where no one carries anyone, she gave to you of the fruit of her heart that which no one gives to anyone, and she protected you with all her organs. She did not care if she went hungry as long as you ate, if she was thirsty as long as you drank, if she was naked as long as you were clothed, if she was in the sun as long as you were in the shade. She gave up sleep for your sake; she protected you from heat and cold, all in order that you might belong to her. You will not be able to show her gratitude, unless through God's help and giving success.

[23] The right of your father is that you know that he is your root. Without him, you would not be. Whenever you see anything in yourself which pleases you, know that your father is the root of its blessing upon you. So praise God and thank Him in that measure. There is no strength save in God.

[24] The right of your child is that you should know that he is from you and will be ascribed to you, through both his good and his evil, in the immediate affairs of this world. You are responsible for what has been entrusted to you, such as educating him in good conduct (husn al-adab), pointing him in the direction of his Lord, and helping him to obey Him; so act toward him with the action of one who knows that he will be rewarded for good doing toward him and punished for evildoing.

[25] The right of your brother is that you know that he is your hand, your might, and your strength. Take him not as a weapon with which to disobey God, nor as equipment with which to wrong God's creatures. Do not neglect to help him against his enemy or to give him good counsel. If he obeys God, well and good, but if not, you should honor God more than him. There is no strength save in God.

D. RIGHTS OF OTHERS

[26] The right of your master (mawla) who has favored you [by freeing you from slavery] is that you know that he has spent his property for you and brought you out of the abasement and estrangement of bondage to the exaltation and comfort of freedom. He has freed you from the captivity of possession and loosened the bonds of slavehood from you. He has brought you out of prison, given you ownership of yourself, and given you leisure to worship your Lord. You should know that he is the closest of God's creatures to you in your life and your death and that aiding him with your life and what he needs from you is incumbent upon you. There is no strength save in God.

[27] The right of the slave (mawla) whom you have favored [by freeing him] is that you know that God has made your freeing him a means of access to Him and a veil against the Fire. Your immediate reward is to inherit from him-if he does not have any maternal relatives-as a compensation for the property you have spent for him, and your ultimate reward is the Garden.

[28] The right of him who does a kindly act (dhu al-ma'ruf) toward you is that you thank him and mention his kindness; you reward him with beautiful words and you supplicate for him sincerely in that which is between you and God. If you do that, you have thanked him secretly and openly. Then, if you are able to repay him one day, you repay him.

[29] The right of the muazzin is that you know that he is reminding you of your Lord, calling you to your good fortune, and helping you to accomplish what God has made obligatory upon you. So thank him for that just as you thank one who does good to you.

[30] The right of your imam in your ritual prayer is that you know that he has taken on the role of mediator between you and your Lord. He speaks for you, but you do not speak for him; he supplicates for you, but you do not supplicate for him. He has spared you the terror of standing before God. If he performs the prayer imperfectly, that belongs to him and not to you; but if he performs it perfectly, you are his partner, and he has no excellence over you. So protect yourself through him, protect your prayer through his prayer, and thank him in that measure.

[31] The right of your sitting companion (jalis) is that you treat him mildly, show fairness toward him while vying with him in discourse, and do not stand up from sitting with him without his permission. But it is permissible for him who sits with you to leave without asking your permission. You should forget his slips and remember his good qualities, and you should tell nothing about him but good.

[32] The right of your neighbor (jar) is that you guard him when he is absent, honor him when he is present, and aid him when he is wronged. You do not pursue anything of his that is shameful; if you know of any evil from him, you conceal it. If you know that he will accept your counsel, you counsel him in that which is between him and you. You do not forsake him in difficulty, you release him from his stumble, you forgive his sin, and you associate with him generously. There is no strength save in God.

[33] The right of the companion (sahib) is that you act as his companion with bounty and in fairness. You honor him as he honors you and you do not let him be the first to act with generosity. If he is the first, you repay him. You wish for him as he wishes for you and you restrain him from any act of disobedience he might attempt. Be a mercy for him, not a chastisement. There is no strength save in God.

[34] The right of the partner (sharik) is that if he should be absent, you suffice him in his affairs, and if he should be present, you show regard for him. You make no decision without his decision and you do nothing on the basis of your own opinion, but you exchange views with him. You guard his property for him, and you do not betray him in that of his affair which is difficult or of little importance, for God's hand is above the hands of two partners as long as they do not betray each other. There is no strength save in God.

[35] The right of your property (mal) is that you take it only from what is lawful and you spend it only in what is proper. Through it you should not prefer above yourself those who will not praise you. You should act with it in obedience to your Lord and not be miserly with it, lest you fall back into regret and remorse while suffering the ill consequence. There is no strength save in God.

[36] The right of him to whom you owe a debt (al-gharim alladhi yutalibuka) is that, if you have the means, you pay him back, and if you are in straitened circumstances, you satisfy him with good words and you send him away with gentleness.

[37] The right of the associate (khalit) is that you neither mislead him, nor act dishonestly toward him, nor deceive him, and you fear God in his affair.

[38] The right of the adversary (khasm) who has a claim against you is that, if what he claims against you is true, you give witness to it against yourself. You do not wrong him and you give him his full due. If what he claims against you is false, you act with kindness toward him and you show nothing in his affair other than kindness; you do not displease your Lord in his affair. There is no strength save in God.

[39] The right of the adversary against whom you have a claim is that, if your claim against him is true, you maintain polite moderation in speaking to him and you do not deny his right. If your claim is false, you fear God, repent to Him, and abandon your claim.

[40] The right of him who asks you for advice (mustashir) is that, if you consider that he has a correct opinion, you advise him to follow it, and if you do not consider it so, you direct him to someone who does consider it so.

[41] The right of him whom you ask for advice (mushir) is that you do not make accusations against him for an opinion which does not conform to your own opinion. If it conforms to it, you praise God.

[42] The right of him who asks your counsel (mustansih) is that you give him your counsel, but you conduct yourself toward him with compassion and kindness.

[43] The right of your counselor (nasih) is that you act gently toward him and give ear to him. If he presents you with the right course, you praise God, but if he does not agree with you, you show compassion toward him and make no accusations against him; you consider him to have made a mistake, and you do not take him to task for that, unless he should be deserving of accusation. Then attach no more importance to his affair. There is no strength save in God.

[44] The right of him who is older than you (kabir) is that you show reverence toward him because of his age and you honor him because he entered Islam before you. You leave off confronting him in a dispute, you do not precede him in a path, you do not go ahead of him, and you do not consider him foolish. If he should act foolishly toward you, you put up with him and you honor him because of the right of Islam and the respect due to it.

[45] The right of him who is younger (saghir) is that you show compassion toward him through teaching him, pardoning him, covering his faults, kindness toward him, and helping him.

[46] The right of him who asks (sa'il) from you is that you give to him in the measure of his need.

[47] The right of him from whom you ask is that you accept from him with gratitude and recognition of his bounty if he gives, and you accept his excuse if he withholds.

[48] The right of him through whom God makes you happy (surur) is that you first praise God, then you thank the person.

[49] The right of him who does evil to you is that you pardon him. But if you know that your pardon will harm him, you defend yourself. God says, Whosoever defends himself after he has been wronged - against them there is no way (42:41).

[50] The right of the people of your creed (milla) is harboring safety for them, compassion toward them, kindness toward their evildoer, treating them with friendliness, seeking their well-being, thanking their good-doer, and keeping harm away from them. You should love for them what you love for yourself and dislike for them what you dislike for yourself. Their old men stand in the place of your father, their youths in the place of your brothers, their old women in the place of your mother, and their young ones in the place of your children.

[51] The right of the people under the protection [of Islam] (dhimma) is that you accept from them what God has accepted from them and you do no wrong to them as long as they fulfill God's covenant.

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Review and Analysis Questions

1. Some have argued that Islam, like any other religion, is a “private discourse” with its own “private” code of conduct; thus it cannot be said to have violated “one’s human rights. Do you agree with this argument? Explain.
2. What are the sources of law during the time of the Prophet and during the time of the first four Caliphs? What are the sources of law after that?
3. What were the Islamic institutions during the first two Islamic centuries or so? How did they operate and how did public office holders get to hold such positions.
4. What major changes took place from the time of the Prophet until the Caliphate of the Abbasids? How did these changes effect the discourse of “rights”?
5. Comparing the reading in the above section with the selection from the Qur’an and the Hadíth, what social, economic, and political changes can you theorize to have happened?
6. What are the rights that you see eliminated, and what are the new rights that you see instituted at this time period?
7. Based on a rudimentary understanding of “individual rights” that we are accustomed to today, how do you compare that the notion of “rights” to the principles of “duties”? Which to you find more universal (or open to the idea of universality) and which do you find bound by context?

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HUMAN RIGHTS & Modern humanism

Cross-Pollination: Civilizational Transfers

One of the points I would like to underscore not only in this context, but in any context, is the view that—regardless of time and place—Man lives throughout history as a universal citizen. In spite of the ethnic, social, and religious differences, people have always lived in communion no matter the distance. Living in isolation simply was not an option in previous historical periods, just as it is not an option now. The world is made out of communities, each with its set of values and norms, but those values and norms must pass the test of universality in order to survive. Some norms may stubbornly persist in isolated pockets, but they certainly cannot lead universally, for that role is for the fittest and best amongst the collective. Knowledge and intellectual growth represent the most potent of currencies among civilizations; the free flow of knowledge is essentially the largest transaction, and as in every transaction, someone will give, and another will take in a deal that is theoretically beneficial for both parties. It should not be our endeavor however to judge, as the time will never be right for us to make that final ruling. Only subscribers to the culture of arrogance and isolationism would think that they are in the position to issue such a judgment thinking that they sit on the peak of the cycle of evolution.

History does recycle itself, and communities do pass the baton to each other in this everlasting marathon. It is clear that the Islamic civilization reached the end of its stretch during the Abbasid era. Once the Caliphate moved to Anatolia with the emerging of the Ottoman Empire, the cultural and intellectual exchange between the Islamic East and Christian West—that was started earlier in Spain—has accelerated. During the Abbasid era, one can speak of the absorption of Western knowledge and the process of assimilation of Greek sciences into the Islamic civilization. During the Ottoman era however, we could observe the Western adaptation of Islamic knowledge it transferred to the West. It would seem that the Islamic empire looked then as if it had reached the saturation point, or a level of high density wherein the rate of outflow far exceeded the inflow, hence knowledge moving out of the Islamic world at a bigger rate than the amount of information coming in. Within a couple of centuries, the West managed to have full access not only to the Islamic sciences proper, like math, medicine, astronomy, and alchemy, but also to the ancient Greek, Indian, and Persian heritage that was translated into Arabic in the Abbasid courts. The first area to be influenced is the Christian theology that stimulated Western thought, which led to the renaissance ideals. Thomas Aquinas’ thought is just one good example of this new trend. Aquinas’ writings are considered by many as the first seeds of the natural law theory that will dominate Europe for some time.

Saint Thomas Aquinas was born in Italy in 1224. At a relatively young age, he was able to enter a Dominican order. He taught at the University of Paris, lectured at a number of other institutions in Cologne, Rome, Naples. During this time, the church was faced with the problem of reconciling its theology with the teachings of the Greeks. Aquinas grasped this task, leading him to develop an all-embracing philosophical system that sought a synthesis of faith and reason. As far as law is concerned, Aquinas, being an admirer of Aristotle, assumed that each creature has its own natural purpose. By fulfilling that purpose, each being then would define what is good.

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Saint Thomas Aquinas on Law, Morality, and Politics

Thomas Aquinas ought to be accredited for revolutionizing Christian thought and making it open to the ideas and contributions of human thought. He is simply the one who brought down the walls of the exclusivist kingdom of God and made it possible for Christians to live in the worldly Kingdom of man without giving up all their religiosity. For the first time, Christian theology became capable of dealing with social justice outside the purely religious context. This discussion on social justice and human rights and duties may sound banal today, but those familiar with the nature of the religious Christian discourse that dominated prior to Aquinas, would certainly be more than impressed by this new intellectual orientation.

On justice, we read the following:

Justice appears in jure, and yet, further, we say even that a man who has the office of exercising justice administers the just even if his sentence be unjust.

Reply Obj. 2. Just as there pre-exists in the mind of the craftsman an expression of the things to be made externally by his craft, which expression is called the rule of his craft, so too there pre-exists in the mind an expression of the particular just work which the reason determines, and which is a kind of rule of prudence. If this rule be expressed in writing, it is called a law, which according to Isidore is a “written decree” and so law is not the same as right but an expression of right.

Reply Obj. 3. Since justice implies equality, and since we cannot offer God an equal return, it follows that we cannot make Him a perfectly just repayment. For this reason, the Divine law is not properly called “jus” but “fas,” because, to wit, God is satisfied if we accomplish what we can. Nevertheless, justice tends to make man repay God as much as he can, by subjecting his mind to Him entirely.

SECOND ARTICLE

Is Right Fittingly Divided into Natural Right and Positive Right?

We proceed thus to the Second Article: Obj. 1. It would seem that right is not fittingly divided into natural right and positive right. For that which is natural is unchangeable and is the same for all. Now, nothing of the kind is to be found in human affairs, since all the rules of human right fail in certain cases, nor do they obtain force everywhere. Therefore, there is no such thing as natural right.

Obj. 2. Further a thing is called positive when it proceeds from the human will. But a thing is not just simply because it proceeds from the human will, else a man's will could not be unjust. Since then the just and the right are the same, it seems that there is no positive right.

Obj. 3. Further, divine right is not natural right, since it transcends human nature. In like manner, neither is it positive right, since it is based, not on human, but on divine authority. Therefore, right is unfittingly divided into natural and positive. On the contrary; The Philosopher says that “political justice is partly natural and partly legal,” i.e., established by law.

I answer that. As stated above, the right or the just is a work that is administered to another person according to some kind of equality. “Now, a thing can be adjusted to a man in two ways: first, by its very nature, as when a man gives so much that he may receive equal value in return, and this is called natural right. In another way, a thing is adjusted to another person by agreement, or by common consent, when, to wit, a man deems himself satisfied if he receive so much. This can be done in two ways: first, by private agreement, as that which is confirmed by an agreement between private individuals; secondly, by public agreement, as when the whole community agrees that something should be deemed as though it were adjusted to another person, or when the judge appointed by the ruler who is placed over the people and acts in its stead, and this is called positive right.

Reply Obj. 1. That which is natural to one whose nature is unchangeable must need be such always and everywhere. But man's nature is changeable, wherefore that which is natural to man may sometimes fail. Thus the restitution of a deposit to the depositor is in accordance with natural equality, and if human nature were always right, this would always have to be observed, but since it happens sometimes that man's will is unrighteous, there are cases in which a deposit should not be restored, lest a man of unrighteous will make evil use of the thing deposited, as when a madman or an enemy of the common weal demands the return of his weapons.

Reply Obj. 2. The human will can, by common agreement, make a thing to be just provided it be not, of itself, contrary to natural justice, and it is in such matters that positive right has its place. Hence the Philosopher says that “in the case of the legal just, it does not matter in the first instance whether it takes one form or another; it only matters when once it is laid down.” If, however, a thing is, of itself, contrary to natural right, the human will cannot make it just, for instance, by decreeing that it is lawful to steal or to commit adultery. Hence, it is written, “Woe to them that make wicked laws.”

Reply Obj. 3. The divine right is that which is promulgated by God. Such things are partly those that are naturally just, yet their justice is hidden to man, and partly are those made just by God's decree. Hence, also, divine right may be divided in respect of these two things, even as human right is. For the divine law commands certain things because they are good and forbids others because they are evil, while others are good because they are prescribed, and others evil because they are forbidden.

THIRD ARTICLE

Is Right Common among Nations the Same As Natural Right?

We proceed thus to the Third Article: Obj. I. It would seem that right common among nations is, the same as natural right. For all men do not agree save in that which is natural to them. Now, all men agree in right common among nations, since the jurist says that “right common among nations is that which is in use among all nations.” Therefore, right common among nations is natural right.

Obj. 2. Further, slavery “among men is natural, for some are naturally slaves according to the Philosopher.” Now, “slavery belongs to right common among nations,” as Isidore states: “Therefore, right common among nations is natural right.

Obj. 3. Further, right as stated above is divided into natural and positive. “Now, right common among nations is not a positive right, since all nations never agreed to decree anything by common agreement.” Therefore, right common among nations is natural right. On the contrary, Isidore says that “right is either natural or civil or common among nations,” and consequently right common among nations is distinct from natural right. I answer that. As stated above, natural right is that which by its very nature is adjusted to or commensurate with another person. Now this may happen in two ways: first, according as it is considered absolutely; thus a male by its very nature is commensurate with the female to beget offspring by her, and a parent is commensurate with the offspring to nourish it. Secondly, a thing is naturally commensurate with another, not according as it is considered absolutely, but according to something resultant from it, for instance, the possession of property. For if a particular piece of land be considered absolutely, it contains no reason why it should belong to one man more than to another, but if it be considered in respect of its adaptability to cultivation and the unmolested use of the land, it has a certain commensuration to be the property of one and not of another man, as the Philosopher shows. Now, it belongs not only to man but also to other animals to apprehend a thing absolutely; wherefore the right which we call natural is common to us and other animals according to the first kind of commensuration. But right common among nations falls short of natural right in this sense, as the jurist says, because “the latter is common to all animals while the former is common to men only. On the other hand, to consider a thing by comparing it with what results from it is proper to reason; wherefore this same is natural to man in respect to natural reason which dictates it. Hence the jurist Gains says: “Whatever natural reason decrees among all men is observed by all equally and is called right common among nations.” This suffices for the reply to the First Objection.

Reply Obj. 2. Considered absolutely, the fact that this particular man should be a slave rather than another man is based not on natural reason but on some resultant utility, in that it is useful to this man to be ruled by a wiser man, and to the latter to be helped by the former, as the Philosopher states. Wherefore, servitude which belongs to right common among nations is natural in the second way but not in the first.

Reply Obj. 3. Since natural reason dictates matters which are according to right common among nations, as implying & proximate equality, it follows that they need no special institution, for they are instituted by natural reason itself, as stated by the authority quoted above.

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Human Rights in the West: History & Context

Although the origins and theories of human rights are yet to be settled, its European origins are hardly contested. One of the fundamental differences between the West and the East is exhibited in the language of the treaties and covenants on human rights. It is conceivable that had a document concerning humans been authored by the East, it would most likely read “Universal Declaration of Human Responsibilities and Duties.” Notwithstanding the flavor of Euro-centrism that characterized them, the documents on human rights were well argued that it almost transcend cultural and civilizational boundaries. This universalism however masks serious inherent limitations. In order to have a better grasp of this matter, we will consider examining the origins, theories, and historical contexts that have led to the creation and adoption of the declarations and covenants on human rights.

Even the origins of the phrase “universal human rights” are more complex than we would like it to be. While the implied universalism is rooted in the culture of natural law theories; the notion of human rights is undoubtedly taken from the vocabulary of the eighteenth century Enlightenment. As illustrated by the selection from Thomas Aquinas, natural law was started as a rationalization of religious doctrines. After nearly three hundred years, the doctrine of natural law and natural rights had come out of its limited domain to be discussed by intellectuals from all denominational and intellectual orientation. The growing confidence in human reason has lead to the exploration of the topics of law and rights outside the traditional setting that was until then controlled by the religious establishment. Chief among the intellectuals of the seventeenth century was the English philosopher and thinker John Locke who is arguably the most influential natural law theorist of modern times. Locke argued that man, by nature, is entitled to certain rights such as life, liberty (freedom from arbitrary rule), and property. Locke’s writings which were in most part associated with the 1688 so-called Glorious Revolution stressed the fact that all these rights are self-evident and that governments exist to protect them. By the eighteenth century, humanist philosophers like Montesquieu, Voltaire, and Jean-Jacques Rousseau had built a supreme status for reason on which they rallied to attack religious and scientific dogmatism, intolerance, censorship, and socio-economic controls. The ensuing effect is the establishment of powerful literary elite that brought about political and economic manifestos and declarations like the 1688 English Bill of Rights, the 1776 American Declaration of Independence, and the 1789 French Declaration of the Rights of Man and of the Citizen.

In all cases, these declarations of Natural Rights for Man was born in a milieu that was characterized by political oppression and absolutism that were criticized for centuries by the subscribers to the natural law theories. It is because of the extreme absolutism of governments that the declarations of rights were themselves worded and formulated in such militantly absolutist fashion. Being as such, these notions of rights would naturally conflict with each other, opening the door for strong criticism from both camps: the liberals and the conservatives at the same time. In England for instance, Edmund Burke and David Hume formed what can be seen—given their philosophical positions—as an unlikely alliance with the liberal Jeremy Bentham to attack the doctrine of natural rights. While the former camp attacked it for its potential to cause social confusion; the latter feared that such declarations and proclamations of natural rights would be conceived as alternatives to institutional legislation. By the 20^th century, the assault upon natural rights had reached its peak. John Stuart Mill, an otherwise vigorous defender of liberty and individual rights contended that rights are essentially founded on utility. Others like Friedrich Karl von Savigny and Henry Maine emphasized the relative nature of rights as dependent on culture and the environment. Views that were intended to take away from the claim of universality of rights per se. The Utilitarian jurist John Austin argued for the notion of sovereignty as the basis for law. Sovereignty as argued by Austin could—and in fact it did in some circles—legitimizes the absolute power of monarchs and dictators. This very notion was exploited by authoritarian regimes and their supporters to argue for religious-based forms of governance or monarchies. Throughout these time periods, the debate on the nature of the rights of Man did not get resolved. It was not resolved whether human rights were to be viewed as divine, moral, or legal entitlements. Whatever the case might have been, the idea of natural rights as the sole justification for any political society was a real challenge to all forms of established political authorities. Simply put, the notion of natural rights did not accept all the existing theories of that time that ranged from the divine rights of kings to the pragmatic necessity of the stable political rule. Political regimes were—after the success of the doctrine of natural rights—justified only if they responded by satisfying the natural rights of the citizens. The current understanding of human rights is different from the formulation of the historical claim of natural rights. However, the roots of the former in the latter, and the continuity between the two cannot be easily refuted or dismissively discounted.

What is so ironic is the fact that, while such debate about natural rights of Man is underway, all the political powerhouses of Europe were engaged in systematic occupation of the third world countries in Asia and Africa. The natives of these communities were subjected to the most cruel and inhumane forms of treatments. From the 19^th century through the first half of the 20^th century, almost every African nation lived under brutal occupation that violated every declarations and proclamation. Even as Germany was being singled out for the violation of human rights at home, England and France and other European nations continued their occupation and brutal practices. As late as the mid-fifties and early sixties for example, France was engaged in the systematic killing of civilians and freedom fighters in Algeria that left over one million and a half Algerians dead. The roots of suppression of any thing Western must be understood in this historical context where it became clear that the protections of life, freedoms, and liberties do not extend to “non-civilized” peoples and individuals.

While the United States administration was not directly involved in colonial adventures abroad, their record at home is just as brutal when we consider the treatment of Native Americans throughout the 18^th and 19^th centuries. An entire population was forced to relocate and live in reservations. These reservations were carved out of very hostile land that contained little or no resources that would support such huge mass of displaced peoples. Not only were the Native Americans deprived of their original lands, but their source of livelihood and their religious symbols were cruelly and systematically eliminated as was the case with the Midwestern Plains tribes whose members were relocated at times as far south as Oklahoma. Reportedly, when the settlers and the US army lost a war of forcefully taking over the Black Hills to use it for mining for gold, the retreating troops killed all the bison in the area, causing massive hunger and outrage since the Buffalo was not only the source of living for Native Americans, but also constituted a religious symbol for them.

Notwithstanding the practices of European governments outside Europe and the United States at home, the world community had managed to force the West to document in writing one of the most promising declarations. The fact that the forum is now outside the national boundaries, the Universal Declaration of Human Rights was the first step towards the globalization of Western principles on the issue of human and peoples’ rights. However, before attaining that stage, the struggle to secure and safeguard basic rights in the West went through various stages. These stages can be identified by simply looking at the language of the documents that emerged from that era and from the historical context that exited then.

The first stage can be characterized as the revolutionary struggle that demanded freedoms. It started around the 18^th century and consisted of civil and military uprisings that freed people of Europe and North America from the physical and mental limitations that were exerted by non-representative and oppressive rulers. The intellectual outcome of this era consisted of revolutionary negative proclamations that were indicative of the breaking away from a system and the ushering of an age of freedoms: freedom of opinion, freedom of conscience, freedom of religion, freedom of expression, freedom of assembly, freedom of movement, freedom from arbitrary detention, and freedom from interference in correspondence.

Subsequently, the revolutionary proclamation moved from the action theaters into the “academic” arena and forced thinkers to engage the claims of this generation intellectually. That move led to the second stage: the Proclamation Stage. At this phase, the freedoms that were demanded are now proclaimed as rights. These positively articulated rights were made absolute and universal. Every progressive state in Europe and North America had by now its own “Bill of Rights”.

After this achievement, comes the empowering stage which is the incorporation of the declarations into treaties, covenants, and national and international laws. This is the crucial stage as without it, human rights remain more or less a wish list.

What is of essence to this debate is that there is a vast gap between the realization of the need for acknowledging the so-called absolute rights and the actual implementation. The case can be made crystal clear by looking at one example: The right to food is mentioned in article 25 of the Universal Declaration of Human Rights.[2] The World Food Conference in 1974 established the Universal Declaration on the Eradication of Hunger and Malnutrition. The first article of this document stipulates that “every man, woman and child has the inalienable right to be free from hunger and malnutrition in order to develop fully and maintain their physical and mental faculties.” More than a quarter century later, the nearly one billion poor people around the world are getting hungrier and there appears to be no hope in sight to rectify the situation.

Similarly, for sometime now, the citizens of the world are more convinced now than any other time that protecting the environment is a collective responsibility as its decline will harm the quality of life of all living beings on the face of the earth. In a sense, the right to a clean and healthy environment ought to be considered a universal right as well. In fact, a conference on the environment held in Bonn in 1971 declared that humanity has a right to a healthy environment. Subsequently, in 1972 the Consultative Assembly of the Council of Europe adopted a “recommendation” suggesting the undertaking of a study to determine whether or not the right to a decent environment should be raised to the status of a human right. The debate of the topic pressed on leading to the adoption of statements regarding the environment in a number of domestic and international legal documents. Amongst many others for example, Spain, Portugal, and Peru have affirmed it expressly in their constitutions. Not so explicit reference to right to a healthy and balanced environment can also be found in the constitutions Poland, Hungary, Greece, Switzerland, Czechoslovakia, the German Democratic Republic, the Peoples Republic of China, the U.S.S.R., Sri Lanka, and Bulgaria. Despite that, the politics of protecting economic interests of few nations continue to undermine efforts like these.

In short, there are enough reasons for optimism. It can be argued that the human rights movement gained considerable momentum when tragedies and brutalities were dominant. It is in the times of despair that the human rights champions rise to the challenge and bring about the best in humanity. Almost every achievement in the area of humanitarian law started with a dream… a dream that was triggered by a nightmare. These dreams are first articulated in the form of declarations then, through tireless campaigns, signed into binding treaties and covenants.

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From Declarations to Treaties: Human Rights in International Law Context

Human rights laws grew under the same premise that allowed for peaceful coexistence and equitable sharing of global resources. In other words, the world community relied on bilateral and multilateral treaties and agreements to promote the protection of human rights. Historically however, not all treaties necessarily grew out of collective recognition of the value of a moral principle. Many treaties existed before the emergence of shared values that brings people of different background together. Throughout history, and even in the dark ages, we read of communities of different ideologies establish viable covenants and treaties in order to establish peace and share resources. Treaties governing the use of rivers, seas and lakes for instance were established throughout history. Nowadays, treaties governing air traffic between even antagonistic governments are signed by people of different—if not competing—interests. Even in the early Islamic civilization, and upon moving to Madinah, the Prophet Muhammad signed a treaty that established the code by which he and his followers would live side by side with people who did not agree or follow his message. That document known as the Madinah Charter was the basis of defining citizenship in the new Islamic state which included non-Muslims. Similarly, and around the same time, he also established another interesting treaty that can hardly be considered emerging out of shared values: the Hudaybiyyah treaty, a translation of which is quoted below:

In Your Name, О God

This is the treaty in which Muhammad, son of Abdullah, has reached with Sohayl Ibn Amr.

1. There shall be no war between the contracting parties for ten years.

2. During this period, every person belonging to the two signatories shall be safe and secure, with none raising а sword against the other.

3. If any person from among the Quraysh goes to Madinah he shall be sent back, but if any Muslim goes to Mecca, he shall not be sent back.

4. Tribes of Arabia are free to enter into this treaty on the side of either of the two parties.

5. Muslims shall return to Madinah at the present time and come back next year during the time of pilgrimage, but they shall not stay in Mecca for more than three days.

6. They shall not come back armed and shall bring with them swords only, but these shall be sheathed and the scabbards kept in bags.[3]

These kinds of treaties did play a major role in establishing peace and protecting the interests of minorities in many instances. However these treaties were dictated by the need to compromise in order to guarantee the survival of the collective. They did not necessarily emerge out of sheer conviction of the wisdom of intolerance or the virtue of the service of others. Human rights treaties on the other hand, are indeed a testament of the maturity of mankind. One good example of such human rights protection mechanisms is the first multilateral treaties—if not the first—and that is the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field.

The conference of the sixteen nations that originally signed the above convention took place thanks to the efforts of the founder of the private humanitarian organization known as the International Committee of the Red Cross (ICRC): J. Henri Dunant. Dunant, who just witnessed first hand the battle of Solferino, northern Italy that took place in 1859 and resulted in over 40,000 dead or wounded was very moved and decided to act. Horrified by the anguished cries of the war-wounded left to suffer and die on the battlefield, Dunant organized help from the nearest village, Solferino. The wounded, from both sides were taken to makeshift hospitals in people's homes and barns. After the war, Dunant returned to Geneva where he published his account of the battle “A Memory of Solferino”, urging people to found voluntary relief societies to deal with the hardships of war. It is believed that it was his book that led to the foundation of the ICRC, with the assistance of four Geneva businessmen, in 1863.

The convention’s signatories opened the door for the ICRC and its affiliated national societies to become neutral intermediaries. Immediately on ratification of the treaty, the national Red Cross societies began to mushroom and increase in number. That growth could not have happened at a better time: their assistance was immediately needed during the 1864 Prussian-Danish War, the Austro-Prussian War of 1866, and the Franco-Prussian War 1870-1871. Their performance in the battlefields inspired other communities to establish similar neutral organizations to perform this humane task. Clara Barton who witnessed the European wars and saw the performance of the ICRC societies for instance, returned to the US and immediately established the American Association of the Red Cross and urged the administration to sign the Geneva Convention. Following the Russo-Turkish War of 1877-1878, not only that the ICRC was called upon to assist the warring parties care for the wounded and mediate other matters, but their presence and service inspired the creation of the Ottoman Red Crescent Society as well.

Admittedly, it can be argued that the original red cross convention had set in motion a series of other events that led to the establishment of other treaties providing further international legal protection for the rights of victims of wars, to be recognized in subsequent years and in different parts of the world as Humanitarian law, Red Cross law, or human rights law in armed conflicts. Unlike previous treaties known as the “laws of war” that focused on establishing the rules of engagement and the kind of weapons used; the new form of law that was sponsored and promoted by these Red Cross societies focused on people. The 1899 Hague Peace Conference that brought all kinds of countries from the five continents for instance, publicly declared themselves to be committed to the “laws of humanity and the requirement of public conscience.” The Convention they adopted, known as the Convention of the Laws and Customs of War on Land, explicitly mentioned the rights of the wounded to receive treatment, the right of prisoners of war, and the rights of civilians.

In summary, the massive suffering that Europe went through brought about the need to change collectively in the way the victims of violence in general are being treated. Every treaty between two or more nations contributed to the collective achievement that goes beyond the national boundaries. As early as the first of World Wars, nations were convinced of the need to found an international body that will help administer and warehouse treaties. First there was the League of Nations, and finally there emerged the United Nations organizations. It is at these stages that we can talk of empowering the achievements in the domain of human rights law. The twentieth century brought with it a huge achieve of treaties that were reached via a number of means. It is necessary that we briefly explain the origins and kinds of treaties that exited before we talk about the emerging international law. It must be mentioned also that declarations and proclamations, even if states were to sign them, are not considered legally binding documents. They must be adopted as treaties or conventions for them to be legally binding. The process of establishing a legally binding treaty however, may vary depending on the nature of the matter that needed to be resolved.

The most efficient form of these legal tools is the so-called Executive Agreements. Executive agreements were initially the best way to work out differences between governments and various ministries, as they did not even require the national legislative body’s approval. That practice changed in the recent years, even though these agreements were admitted and upheld in case law and in practice. In the United States for example, the congress mandated its approval now for any decision the president wants to make with a foreign country. This requirement moved the process of inter-state agreements to the more conventional way of doing things and that is the entering into treaties with other governments.

According to the Vienna Convention, a treaty is an “international agreement concluded between states, in written form, and governed by international law…” Under the general principle of pacta sunt servanda, all treaties are considered to be binding and are to be executed by all parties in good faith. In the case of human rights laws, the UDHR should not be understood to be a treaty; as it is simply a declaration as the name indicates. For a document like that to be adopted, it must go through a process leading to its adoption as a binding treaty. Generally, a treaty will be considered binding upon its ratification of the concerned states. The process of ratification itself is different from one state to another and from one treaty to another. For instance, some states would consider the signature of its representative as sufficient, for others, ratification (or other complex process) may be required for them to be bound by the terms of the treaty. In the case of the US, ratification takes place upon the consent of the Senate by two-thirds of the vote and upon the formal ratification by the president.

The process of ratification in many instances leads to changes in the original document. These changes could take the form of reservations, amendments and reservations, and compromissory clauses. Once all these steps are cleared, a treaty may then be registered with the United Nations.

Obviously as abiding by the terms of treaties and agreements are the most important elements; the UN system initiated a number of mechanisms that would help in the process of implementation of the terms of treaties and rules. These mechanisms can be easily categorized as Charter-based and Treaty-based mechanisms. The Charter-based mechanisms are mandated by the Charter of the UN; while the Treaty-based mechanisms consist of committees created to monitor and report on the compliance by states that are signatories to specific treaties and agreements.

The UN and the world community also encouraged regional mechanism to promote and to protect human rights and to monitor compliance in matters of treaties in general. The American, European and African bodies that focus on Human rights have been active in this process, but inactive schemes and non-existent ones are needed to expend the current arrangement for better efficiency.

An equally important scheme of helping in the process of respecting, implementing, and monitoring treaties and agreements on human rights issues is the Non-Governmental Organizations (NGOs). As independent organizations, the NGOs have been very successful in standardizing the level of compliance and in bringing out facts.

Before we close this outline on the human rights in the international law context, we should devote some space to a recent initiative that is strongly relevant to the question of human rights and that is the idea of International Criminal Court. The initiative was started in 1998 and rapidly gained the support of over 60 nations. This court would have the jurisdiction of prosecuting individuals responsible for crimes against humanity.[4] This court is different from other international court systems in that it would not need the approval of the security council; rather it will be left to the prosecutor to decide whether to indict or not. The court cannot take any cases retroactively, that is it can only try cases of crimes that happed post July 1, 2002.

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Emergence & Definitions of International Law

International law, though seemingly molded on modern nation-state’s laws; in reality, it is very different in a number of key areas. International law is similar to modern Western national systems in as much as they are rooted in a democratic discourse based on posited idealism that manifested itself in constitution-like declarations. The UDHR for instance, is not much different from national constitutional documents adopted by the US, Britain, or France. The fundamental differences are in the applications and enforcing the law.

In the US for instance, The Supreme Court may interpret the constitution to find that alien workers cannot be discriminated against in employment, reject a lower court’s decree that limits the press access to public records, or intervene to curb the power of an executive reaching to take away from the authority of the legislature. Once that happens, the executive branch, state governors and police agencies, will immediately work towards implementing that interpretation of the law and towards protecting the rights of that alien, the media, or the legislator. Even the states cannot challenge that juridical ruling.

Similarly, the congress may pass a law barring all aliens from entering the United States. All individuals and states would need to mold their behavior to keep aliens out of the country. Doing otherwise would bring about pecuniary and other forms of penalties.

In the International law framework, the World Court needs special authorization to become involved in a dispute. Once it is authorized to act and it issues a ruling, there is no guarantee that the world community would enforce the court order. Short of an action by the five super powers, any World Court decision is as good as any worthless opinion. In other words, in international law, once a ruling has been pronounced, it becomes more the case of compliance than enforceability.

On the legislative front, there is no legislative body that enjoys the recognition to the level of obligation by all member states. Even if all 189 nations or so members of the UN were to agree on a rule, a five percent could reject it under the principle of national sovereignty. Further more, even if all nations were to adopt a particular agreement, one nation could later withdraw from a treaty obligation without any enforcement mechanism that would prevent it from doing so. In short, the three necessary bodies that allow for an effective rule of the law: standard legislative body, standard interpretive authority, and standard police or military force; are all absent in the international law scheme.

However, the above obstacles should not be taken as a pronouncement of the inaptitude and ineffectiveness of international law in working for peace and solving conflicts. In fact, overall, International law was very successful. It is successful, because it created its own system that allowed it to make up for the previously mentioned problems. International law has developed some features that are not existent in typical national legal systems, and that allowed for its relative success. These features are expressed in the process of making an international law element: (a) the formal statement of a rule, (b) and authoritative process and source, (c) generating a sense of obligation, and (d) establishing a set of expectations. The combination of these formalistic and dynamic elements of international law made it very successful given the limitations.

a. The statement of rules’ function is to clearly state what is acceptable and what is not as behavior by individuals and states.

b. Determining the recognized authoritative source is the most important element in bringing about effective rules. Executive decisions by government heads for example would not constitute a recognized and authoritative source of law. But a decision by the World Court, or a ratification of a treaty by a nation might be considered a recognized and authoritative source.

c. States must conform to something they perceive as a legal obligation, not just a habitual response. Legal obligation is generally dependent on the authoritative source of the law. The legal obligation may stem from customary practice, a sense of rightness, natural reason, social necessity, will of the international community, common purpose, mutual benefit, or even concern for consequences for not behaving according to the rule.

d. If a state were to express a sense of legal obligation, then it must fulfill certain expectations that were expressed in the rule or the treaty. This final step is usually the most important one. If a state were to take actions to conform to the rule of the law, then the world community would achieve its purpose of maintaining peace and minimizing conflicts.

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Sources of International Law

Unlike national law systems, the sources of international law are more diverse and less defined. Overall however, international law’s origins can be found in anyone of these traditional sources: (1) codified law as expressed in bilateral and multilateral treaties, (2) customary law as derived from the practice of a number of states and as seen in actions, government statements, and national courts decisions; (3) general principles as deduced from the comparative study of various legal systems, (4) International court decisions, and (5) opinions by legal scholars and NGOs findings.

The above summary is a reflection of the classical definition of the sources of international law as reaffirmed in article 38 of the Statute of the International Court of Justice: “the rules of international law are to be found in international treaties, international custom, general principles of law, and, as subsidiary sources. Judicial decisions and the teachings of the most qualified publicists. The law-creating process in international law is based on these sources, and the existence of a rule must be proved by reference to them.” Despite the well-defined boundaries of international law, it remains however very difficult to determine what falls under the protection of international law and humanitarian law and what is not. In my opinion, it is this frustration that led one of the leading human rights scholars, Richard Bilder, to contend that “[i]n practice a claim is an international human right if the United Nations General Assembly says it is.”

As I have mentioned earlier in this work, the origin of the human rights claims is rooted in the claims by individuals and groups who are frustrated by reasonable or unreasonable social controls that frustrate their drive to satisfy certain needs. These needs however can be found to be legal human rights claims if and only if they became formally recognized in the context of international law to be so. That formal recognition has been made simple by the declarations and covenants that were adopted by the international community as represented in the United Nations. The nature of human rights claims as stemming from the moral values of any given community on the other hand complicates the process of litigating and resolving such matters. Human rights laws reside in the gray area between what law as is and law as it ought to be, and for that reason we have reserved considerable space discussing the philosophical and moral arguments for and against human rights.

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Subjects of International Law

Historically, states were the main party in the process of developing and applying International law. States contributed to its content and subjected itself to its rule. However, in the recent years, individuals are becoming more and more involved in the process. Individuals are bringing cases against their own state, against foreign governments, organizations, individuals, or corporation. For example, under the 1974 Scandinavian Convention on the Protection of the Environment, individuals could take their states to court for environmental practices. Similarly, an individual may petition the United Nations on Human Rights with regard to violations by his home state. These new trends forced new understanding of some key concepts like nationality and citizenship.

Determining the nationality of individuals was initially the prerogative of the state. France for instance, per 1921 decree, nationalized persons in Morocco. This practice was problematic as there were other nationals within Morocco at that time. The practice thereafter of determining nationality was of two categories: by jus sanquinis (by blood), or by jus soli (by territory). Although these definitions simplify the matter, there remain some problems with it. For instance, what nationality is that of a child born in the United States for parents who are diplomats. According to the US law, this child is excluded for the determination by jus soli just like children of conquerors are also excluded from citizenship if born inside the US. Similarly, a child born on a ship while in some other country’s waters was another case that needed to be defined separately. In 1959, the convention on the Elimination of Statelessness required governments to recognize flag vessels as territory for the purpose of acquiring nationality. The status of women after marriage was also a problem in determining citizenship: at first, it was an automatic change to that of the husband; a 1957 convention made that a matter of choice.

The words nationality and citizenship have been used interchangeably; however, some countries (Britain and the US) have defined nationality and citizenship variably. Some nationals in these countries may have full protections under the terms of international law, but lack the full privileges of a citizen (such as voting).

Within the framework of international law, individuals, organizations, and states became the centerpieces of an elaborate system to universalize certain values beyond the national borders of countries. This trend was further strengthened by the strong push that began immediately after the atrocities committed by a number of colonizing forces during World War II.

In addition to the declarations and bilateral and multilateral treaties, human rights were also addressed in the United Nations Charter.[5] Although the Charter does not provide a clear definition of “human rights”, it nonetheless contains clear reference to the need to “respect” and observe “human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.”[6] However, there are ample documents that define and codify human rights laws like: Convention of the Elimination of all forms of Racial Discrimination (CERD) of 1965, the international covenant of Civil and Political Rights (CCPR) of 1966, and the international Convention on Economic, Social, and Cultural Rights (CESCR),[7] The 1979 Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), the 1984 Convention Against Torture and Other Cruel, Inhumane, or Degrading Treatment, the 1989 Convention on the Rights of the Child. These instruments created under the mandate of the United Nations were supported by organs that would monitor and report compliance by the states that adopt and ratify the individual treaties. In short, there are close to 100 human rights treaties that were adopted world-wide or regionally. For example, CCPR falls under the management of the 18-member Human Right Committee. This committee however does not perform a judicial role. That matter and the question of remedy and redress are more or less the responsibility of the state wherein the violation or abuse takes place. The International organs play a major role to the extent permitted by the protocols of any given treaty. In some instances, the role of some committees amount to shaming some regimes into compliance rather than forcing them to do so. Only in severe cases when a state stands charged of gross violations of human rights would that task of adjudicating a case falls on the shoulders of temporary international tribunals. The notion of sovereignty has made international instruments secondary in that regard. Even the most promising International Criminal Court that represented the hope of millions of victims has been limited to taking up only the cases where the subject state fails or refuses to bring justice.

That said, even with the system as is, human rights lawyers have brought charges against abusers and have managed to extract all forms of remedies allowed under the law for the victims they represented.[8] However, it seems that the great efforts of many good people can be undone by politicians as we have seen in the case of the Belgium law that was undone because of government pressure. The assertion that the existence of national mechanism ought to render an international court moot can be abused; and only time will tell how effective the ICC will be in overcoming the political challenges.

The above information should bring the process of enunciating and empowering human rights law into some clarity. The plethora of treaties and declarations should give one the impression that violations of human rights norms ought to be brought to an end. Without sounding so pessimistic, the incoming reports published by the NGOs and the various committees are always full of documented violations of people’s and individual human rights in every single nation around the world. The problem is of two fold: firstly, the nations that signed and ratified and even adopted human rights treaties are not always willing to comply. It seems that the human rights question has been used by some governments in order to gain political favors rather than genuinely improve the quality and value of life for the people under their care. Secondly, many communities seem disinterested in promoting, let alone, adopting human rights norms. The Muslim world stands charged of the lack of enthusiasm for the protection of human rights to say the least. In order to understand the reasons and the prospects, we will consider some of the documents that record the on-going debate. After the presentation of the various opinions by Muslim scholars and activists, I will have a final thought and some concluding remarks in order to open the subject for further discussion.

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Review and Analysis Questions

1 Describe the cause and circumstances and comment on the decline of Islamic progressive thought and outline the emerging of Western humanism and place it in its historical context.

2 Compare the views of Thomas Aquinas and those by Muslim scholars of the classical period.

3 What is the difference between a declaration and a covenant/treaty? What is the definition of a treaty, and how does it become binding?

4 What are the steps that must be accomplished before a “declaration” becomes a binding legal document?

5 Describe how moral philosophy that emerged in Europe post-Aquinas contributed to the formulation of modern day notion of human rights

6 What is the relationship between the events that were taking place in Europe and the emergence of human rights?

7 What are the sources of international law?

8 Compare international and national law systems, and comment on how international law would achieve enforceability of court rulings.

9 What/who are the subjects of international law?

10 What are the reasons for the imbalance between the perceived “universality” of the “declarations” and the non-compliance?

11 Why do you think the declaration on rights emerged from the West?

12 Describe and comment on the historical institutions and mechanisms that laid the foundation for modern human rights.

13 A man claims that his neighbor abused him and violated his rights, can this claim be classified as a case of “human rights abuse”?

14 Comment on the theory and practice of remedy in International human rights law.

15 In your opinion, what role would the ICC play in furthering human rights causes?

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Rights In Modern Islamic Thought

While dealing with this topic, one of the major obstacles limiting full understanding of Muslims’ perspectives on the issues of human rights is the fact that their views are always filtered through the lens of Western scholarship. Most of the writings are more or less some sort of commentaries, commentaries that are nonetheless expressive of the third party’s views. As I will emphasize in the conclusion of this collection, the discourse on human rights laws is not necessarily conducted in the public domain. With the exception of the official views of states that subscribe to implementation of sharí`ah, the debate of this topic in the rest of the Muslim world is carried out as a private discourse in mosques and religious institutions. The medium of this discourse is also limited to the oral preaching and not necessarily incorporated within the literary dialogue. Public opinion in the Muslim world is largely shaped by the mosque. If there is a possibility for change of attitudes towards these issues, that change must be sanctioned by the mosque and the institutions associated with the mosque. In the Islamic world, more than any other parts of the world, serious change cannot happen outside the interaction of the street with the mosque.

In order to have a better appreciation of the kind of dynamics that exist in the Muslim community, I thought this dynamics could be best described by allowing the various actors express their points of view in a natural setting. Such an approach would allow us to see the uncensored debate that goes on in the centers of influence. In the following sections, we will present a very representative collection of opinions, decrees, and arguments relevant to the question of human rights. These materials are translations and direct quotes from speeches, Friday prayers’ sermons, fatwas, and short essays on various issues relevant to the question of human rights. I have tried to include these documents as they are; only with minor editorial changes. What makes these documents so valuable in my view is the fact that they were presented primarily to Muslim audiences. One could argue then that these are necessarily culturally authentic materials. The approaches and the attitudes are thus the same used to build the Muslim political and religious being. This is where and how Muslims, of various times and various backgrounds, come to establish their worldview, and we wish to consider these discussions, without any intrusion and filtration of these arguments, in order to have a better appreciation of the issues of their concern. I would argue that only through the studying of the authentic discussion/materials on the subject by adhering Muslims can one actually have a clear understanding of their position, disagreeable that may be.

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Traditional Shi`ite Perspectives: Muttaheri

The following are excerpts and opinions—from written essays and public speeches—of one of the most influential Shi`ite scholars. Murtaza Mutahheri[9] who is accredited by many to be the one-man think tank that provided the Islamic Revolution of Iran with its ideological vision for establishing a modern state based on traditional principles.

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Marriage before Birth

One day, during his last pilgrimage, while the Prophet was riding and had a whip in his hand, a man approached him on the way and said:

"I have a complaint to make".

"Yes, what's the matter?"

"Years ago, during the pre-Islamic days, Tariq Ibn Murqa'a and I took part in a battle. During the fighting he came to require a lance and cried: "Is there anybody who will give me a lance and take a reward?" I went to him and asked him what reward he would give. He said that he would bring up for me the first daughter that was born to him. Since then years have passed. Recently, on inquiring, I found out that he has a grown up daughter in his house. I went to him and reminded him of the promise. But he went back on his promise and demanded a fresh dower. Now I have come to you to find out whether he is right, or I am right".

How old is the girl?"

"The girl is grown up. Grey hair has also appeared on her head".

"If you ask me, neither you nor Tariq is right. Go after your business and leave the girl alone".

The man was taken aback at this reply and stared at the Prophet for several moments. He wondered what sort of verdict it was. Even if he paid a fresh dower to the girl's father and he willingly gave his daughter to him, still the deal was not proper.

The Prophet observed his wondering looks and said: "Don't worry. If you do things the way I have told you, neither you nor your friend, Tariq, will be doing anything wrong".

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Exchange of Daughters

During the pre-Islamic days there was a form of marriage in vogue in Arabia under the name of Shighar marriage, (exchange of daughters) which was a manifestation of the absolute authority of the fathers over their daughters. A man would give his daughter in marriage to another man in consideration of the latter giving his daughter in marriage to him. In such a form of marriage neither of the wives would get a dower. Islam abolished this custom. It is worth noting that the Prophet allowed full liberty to his daughter Fatimah Zahra (Peace be upon her) in choosing her husband.

He gave in marriage several other daughters also, but he did not deprive them of their freedom. When Ali Ibn Abi Talib, (peace be on him), approached the Prophet, seeking Fatimah's hand, the Prophet said that several other people had already approached him and that he had conveyed their proposals to Fatimah, but she turned her face away, as a mark of disapproval. The Prophet assured Ali that he would convey to her his proposal as well.

The Prophet went to Fatimah and told his beloved daughter what Ali wanted. This time she did not turn her face away, but kept quiet and thus expressed her consent. When the Prophet came out, he was happy. He exclaimed, "God is the Greatest!"

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The Islamic Movement for Women's Liberation

Islam has done a great service to women. It not only put an end to the absolute control of the fathers, but also gave women freedom, a personality and independence of thinking and opinion.

It officially recognized her natural rights. However, there are two basic differences between the steps taken by Islam and what is happening in the West and is being followed by others.

The first difference concerns the psychology of man and woman. Islam has done and revealed wonders in this respect. We shall further discuss this question in the subsequent chapters.

The second difference is that, while Islam made the women aware of their rights and gave them an identity, a personality, freedom and independence; it did not instigate them to revolt and harbor malice against the male persons.

The Islamic movement for women's liberation was white. It was neither black nor red; neither blue nor violet. It did not put an end to the respect in which the daughters held their fathers and the wives their husbands. It did not upset the basis of the family life and did not make women suspicious of their responsibilities in regard to their fathers and husbands. It did not provide any opportunity to the unmarried men who are always after enticing women. It did not snatch away the wives from their husbands and the daughters from their parents and did not hand them over to the sensual executives and the moneyed magnates. It has done nothing similar to what has caused a hue and cry across the oceans that the sacred family system has broken into pieces. There the paternal protection has vanished. No one knows what to do with all the corruption that is rampant, with the ever-growing cases of infanticide and abortion, with 40 per cent illegitimate children and with those new-born infants whose fathers are not known and whose mothers do not want to have anything to do with them, because they were not born in lawful wedlock. The mothers of such children simply hand them over to some social organizations and then never come back to inquire about them.

No doubt, we in our country are in need of a movement for women's liberation, but what we need is a clean Islamic white movement and not a movement of the European brand with a dark and gloomy taint. We want a movement in which sensual young men should have lesser part and which should spring directly from the lofty teachings of Islam and be based on the deep and logical study of the Muslim society.

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The Father's Permission

The question, which needs examination from the point of view of the authority exercised by fathers over their daughters, is whether the father's consent is essential in the case of a maiden's first marriage.

From the Islamic point of view certain things are indisputable.

The boy and the girl both are economically independent. Every sane adult is entitled to have full control of his or her property, provided he or she is mentally matured, that is, capable of taking care of himself or herself. A father, a mother, a husband or a brother has no power of supervision or intervention in this respect.

Another point, which is indisputable, relates to marriage. The adult and mature boys have full liberty in this respect and nobody else has any right of intervention. The position of the girl, who has been married once and is now without a husband, is the same. But the case of a maiden, who wants to marry for the first time, is a little different.

It is beyond any doubt that the father cannot force even a maiden to marry any person against her will. We already know what the Prophet told the girl whom her father had given in marriage, without taking her consent. The Prophet said that if she was not happy, she could marry someone else. But there exists a difference of opinion among the jurists as to whether a maiden can contract a marriage without the consent of her father and whether the validity of her marriage is in any way conditional to the consent of her father.

There is one more point about which there is absolutely no dispute. If the father withholds his consent without a sound reason, he loses his right. The jurists are unanimous that in such a case the daughter is free to contract a marriage with anyone of her choice.

But otherwise, as we have pointed out, the jurists differ on the point, whether the validity of the marriage of a maiden depends on the consent of her father. Most of the jurists, especially the later ones, are of the view that it does not. But still there are some who are of the opinion that it does.

This being a disputed point, it is not possible to discuss it from the Islamic point of view. Anyhow it can be discussed from a social point of view.

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Adjustment or Abrogation

The second point worth mentioning here is that some people have solved the difficult problem of “Islam and the requirements of time” in a very simple and easy way. They say that Islam is an everlasting religion, and it can be adjusted to every age and every time. But when asked how this adjustment takes place and what its formula is, they at once say that when the circumstances change, the existing laws are repealed and replaced by other laws. They argue that the temporal laws of religion must be flexible and in harmony with the progress of knowledge and science and the expansion of culture and civilization. According to them, such flexibility and adjustability to the requirements of time conform to the spirit of Islam and are not against its teachings.

They hold that, as the requirements of time are always changing, every age demands a new set of laws. They further hold that the civil and social laws of Islam are in conformity with the simple life of the pre-Islamic Arabs, and are mostly based on their customs and usages. As they are not compatible with the present age, modern laws should replace them.

Such people should be asked: If adjustability means capability of being repealed, which law does not have this type of flexibility? Is there any law which is not compatible with time in this sense?

This interpretation of flexibility and applicability to all times is exactly like saying that books and libraries are the best means of enjoying life, because whenever one wants enjoyment, one can sell them and spend the money so obtained, on the gratification of one's desires.

An Iranian writer says that the teachings of Islam are divided into three parts. The first part consists of basic doctrines, such as Divine Unity, Prophethood, and Resurrection etc. The second part is related to the acts of worship such as prayer, fasting, ablution, ritual cleaning, pilgrimage etc. The third part consists of the laws concerning the life of the people.

According to him only the first two parts are an integral part of religion, and something to be preserved forever. As far as the third part is concerned, it is not an integral part of religion, for religion is not concerned with the daily way of life of the people. The Prophet himself did not prescribe these laws as a part of religion, for they were not related to his mission as Messenger. It was only a chance that, as the Head of the State, he had to give some laws also. Otherwise, religion has nothing to do with the worldly life of the people.

It is hard to believe that a person living in a Muslim country should be so ignorant of the precepts of Islam.

Has not the Qur'an described the aim of the Prophets and the Apostles? Does not the Qur'an expressly say: "We have sent Our Messengers with clear proof and We have sent down with them the Book and the Balance, so that people may rise with justice" (Surah al-Hadid, 57 : 25). The Qur'an describes social justice as the main aim of all the Prophets.

If you like, you may not act on the teachings of the Qur'an, but why do you commit a bigger sin by bringing a calumny against Islam and the Qur'an? Most of our misfortunes are due to the fact that our morals and laws have lost their only source of strength, viz. religion.

It is only during the past half a century that we have come to hear the cry that Islam is good, provided it remains confined to the places of worship, and has nothing to do with the society. This cry has burst forth from across the frontiers of the Muslim countries, and has been propagated throughout the Muslim world.

To make the purpose of this cry clearer, it may be said that the idea behind it is that Islam should stay as a force to withstand the spread of communism, but when it clashes with the interests of the West, it must go. From the viewpoint of the West, the devotional rites of Islam must continue so that the Muslims, whenever need be, could be stirred up against the atheistic and godless system of communism, but the social rules of Islam which provide a philosophy of life to the Muslims must go, for these rules give the Muslims a sense of independence and separate identity, and prevent their being swallowed up by the greedy West.

Unfortunately, the exponents of the thesis that Islam is not concerned with the daily practical life have ignored certain basic facts.

Firstly, Islam, 1,400 years ago, depreciated the principle of, "We believe in certain things (some of the teachings of Islam) and reject the others", and proclaimed that the rules of Islam are irreversible.

Secondly, we believe that the time has come, when the Muslims should not be misled by such deceptive slogans. The critical sense of the people has now, more or less, been awakened, and gradually they are beginning to differentiate between the manifestations of progress and advancement, which are the outcome of the blooming of the scientific and intellectual forces, and the manifestations of corruption and perversion, though their source be in the West.

The people of the Muslim world have now, more than ever, become conscious of the value of the teachings of Islam, and have realized that they can lead an independent life only by following them. They are not going to give them up, at any cost.

The vigilant Muslims know that the propaganda against Islamic laws is nothing but an imperialistic fraud.

Thirdly, the exponents of this thesis should know that Islam, when powerful, withstands any other system, whether it is atheistic or not. Islam wants to dominate the society as a philosophy of life, and does not want to be confined to the 'masjids' and other places of worship. The Islam which will be restricted to the places of worship, will vacate the field, not only for the Western ideas, but it will vacate it for the anti-Western ideas and doctrines as well.

The penalty which the West is paying, in certain Muslim countries, is the result of its not realizing this fact. (…)

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A Parable of the Qur'an

Islam is a progressive religion and wants its followers to be progressive. The Qur'an has employed a parable to persuade the Muslims to keep marching forward, under the light of Islam. It says that the followers of Prophet Muhammad (P) are like a seed which is sown in the soil. First, it shoots out in the form of a tender seed leaf, then it grows stronger and stronger until it stands on its own stalk. It grows so rapidly that it causes great surprise to the farmers.

It is an analogy of the society which the Qur'an aims at. What the Qur'an desires is growth. The Qur'an wants to lay the foundation of a society, which should always be growing, developing and expanding.

Will Durant says that no religion has called upon its followers to gain strength as Islam has done. The history of early Islam shows how powerful a force Islam is to rebuild a society and to push it forward.

Islam is opposed to both rigidity and ignorance, and regards both of them as dangerous. The intellectual sterility of the rigid and their clinging to the old customs having no connection with Islam, have provided a pretext to the misinformed to consider Islam to be really opposed to modernity. On the other hand, the following and patronizing of the latest fashions and modes of the West by the misinformed, their belief that the prosperity of the people of the East depends on their complete westernization, both physically and spiritually, their acceptance of the habits, manners and traditions of the West, and the blind adaptation of their own civil and social laws to those of the Western nations, have provided a pretext to the rigid to look at everything new with suspicion and to regard it as a threat to their religion, to their independence and to the social personality of their community.

In the meantime, Islam has to pay the penalty for the mistake of both the parties.

The rigidity of the rigid has left the field open to the misinformed to play havoc, and the ignorance of the misinformed has made the rigid more stubborn in their beliefs.

It is surprising that these so called cultured, but really ignorant people, think that time is infallible. The fact is that all changes are brought about by man, and man is not infallible at all. Then how can it be presumed that the changes of time must necessarily be free from error.

Just as man has scientific, moral, aesthetic and religious inclinations, and constantly takes new measures for the benefit of humanity, he has certain negative tendencies also. He is selfish, power- hungry and pleasure-seeking. He loves money and exploitation. Just as he is capable of making new discoveries and finding better ways and means of doing things, he is liable to commit mistakes also. But the misguided and misinformed do not understand these things. They simply go on harping on the same tune and repeating that the modern world is like this, and like that.

What is more surprising is that they compare the principles of life to such things as a shoe, a cap and a dress. As these things are sought after when they are new, and thrown away when they get old and worn out, the same, according to them, should be the case with universal truths. To them, good and bad has no sense other than that of new and old. Feudalism is bad only because it has become old and has gone out of fashion. Otherwise, it was quite good when it was first introduced into the world.

Similarly, exploitation of women is bad only because it is disliked by the modern world; otherwise, until recently, these same people had not given her a share of inheritance. They had not recognized her right of ownership, and had not respected her will or views.

According to such people in the present age, being the space age, just as it is no longer possible to ride a donkey and leave aside the aircraft, light an oil lamp and not to use electricity, use a hand-spinning mills, and to write with hand and leave aside gigantic printing machines, it is not possible not to attend dance parties, swimming-costume parties and barbecue dinners, not to take part in merry-making, not to play poker and not to wear mini-skirts, for all these things are the phenomena of the present century. If they do not indulge in such things, they fear that they will go back to the days of donkey-riding.

They assert that this is the atomic age, the age of science, the age of the artificial moons and the age of ballistic missiles. That is very good! We also thank God that we are living in this age, and wish that we may be able to enjoy the benefits of science and industry to the utmost. But have all the springs, except that of science gone dry in this age? Are all the phenomena of this century an outcome of the modern scientific progress? Does science claim that it has brought nature under its complete control?

Science makes no such claim. The tragedy of our century is that a group of scientists, with good intentions, applies itself to making new discoveries, but another group of selfish and power- hungry opportunists and money-worshippers misuses the fruit of the scientists' labor to achieve its own questionable ends. Science complains constantly that it is misused by stubborn human nature and this is the misfortune of our age.

Science moves forward in the field of physics and discovers the laws of light and reflection, and an opportunist group uses them for the preparation of blue films of a hostile and destructive nature. Chemistry makes progress and discovers the properties of various substances and their combinations. Then certain individuals exploit this discovery for the preparation of heroin, which is a curse to humanity. Science found its way into the inside of the atom and brought a wonderful source of energy under its control, but before it could be used for the benefit of mankind, the power-hungry people hastened to make the atom bomb, and to drop it on innocent people.

When a reception was arranged in honor of Einstein, the great scientist of the 20th Century, he himself mounted the rostrum and said: "Do you honor the man who has been instrumental in the making of the atom bomb?"

Einstein himself did not exercise his knowledge for its making. It was others, who harnessed his discoveries for this purpose.

The use of heroin, the atom bomb and the blue films cannot be justified on the ground that they are among the phenomena of the present century.

If the latest type of bombers are used for throwing the most perfect bombs on the people of another country, and the most highly educated people are employed to perform this job, can all this modernity reduce the inherent barbarity of the act?

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The Flexibility of Islamic Laws

The second point, to be made clear, is that the Muslim thinkers believe that Islam has certain potentialities which have made it applicable to all times. According to these thinkers, Islamic teachings are in harmony with the progress of time, the expansion of culture and the resulting changes. Let us see what is the nature of the potentialities which Islam has. In other words, let us see what devices have been put into the structure of this religion, and whether they have given it the characteristic of being in harmony with all the changing situations, without there being any need of dropping any of its teachings and without any conflict taking place between its teachings and any situation arising out of the expansion of knowledge and civilization.

Although this question has a technical aspect, in order to remove the misunderstanding of those who doubt that Islam has any such characteristic, we briefly deal with it here.

For further discussion of the subject, the readers may refer to Tanbihul Ummah by the late Ayatullah Naini, or to the Marja`iyyah wa Imamah by the great contemporary scholar, Allamah Tabataba’i. Both the books are, however in Persian.

There are many points, which form the secret of Islam being in harmony with the expansion of knowledge and civilization, and the applicability of its firm and stable laws to the varying circumstances of life. We mention here only a few of them.

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Stability and Variance in Law

Another characteristic of Islam, which is of great importance, is that it has envisaged stable laws for the stable human requirements and varying laws for the varying requirements. A part of the human requirements, both individual and collective, is of a permanent nature. They do not undergo any change with the change of time. The principles of the systems regulating human instincts and social relations always remain uniform.

We are aware of the theories of the "Relativity of Morals" and the "Relativity of Justice" which have their supporters, and would express our views with regard to them, later.

Another part of the human requirement is of a varying nature and this demands varying laws. Islam has visualized such requirements, and has linked them with certain principles which have subordinate laws for every changed situation.

To elucidate this point, I give a few examples:

Islam has laid down a social principle which has been stated in the Qur'an thus: Provide force against them (the enemies) to the utmost possible extent [8: 60]. At the same time, a number of traditions of the Prophet handed down to us are mentioned in the books of Islamic law under the heading 'Horsemanship and Archery'. The Prophet directed that the Muslims should learn the arts of horsemanship and archery and teach them to their children. These arts were a part of military science in the ancient days. It is quite obvious that the basic order is 'to provide force'. Bow and arrow, sword and lance and mule and horse are not important. What is important is to be militarily powerful against the enemy. To acquire skill in horsemanship and archery is only a form of acquiring military strength, or a way of implementing the basic order. To provide strength is a standing law which has sprung from a permanent need. However the necessity of acquiring skill in horsemanship and archery is a temporary requirement, which varies with the change of time. With the changed circumstances, skill in firearms etc. has taken the place of skill in archery.

Another example is the social principle concerning the exchange of wealth, mentioned in the Qur'an. Islam has recognized the principle of individual ownership. However, the ownership as recognized by it is different from that found in the capitalist world. A characteristic of the individual ownership in Islam is the principle of exchange. In this connection, Islam has laid down certain rules. The Qur’an in these words has enunciated one of them. Do not consume each other's wealth in vain. [2: 188]. In other words, in the case of business transactions, money must not pass from one hand to another, except in exchange for some lawful return which has a recognized value. Islam does not admit that ownership is equivalent to absolute authority.

It is specified in the Islamic law that the sale and purchase of certain things is forbidden. Such things include blood and human excreta. The reason is that these things do not have such a value that they should be considered to be a part of human wealth. The underlying principle is the same as contained in the above quoted verse. The invalidity of the sale and the purchase of blood and human excreta is only an instance of the application of that principle. Even where no exchange is involved, money or property belonging to someone else cannot be appropriated and disposed of gratuitously.

The law forbidding the appropriation of another's property gratuitously is a firm principle which is applicable to all time, and has emerged from a permanent social need. But the rule that blood and excreta are not to be regarded as wealth and are not saleable is related to time and the degree of civilization. This rule is subject to modification with the change of conditions, the progress of science and industry and the possibility of the correct and useful utilization of these items.

Another example: Imam Ali (peace be on him) never dyed his hair, though it had become gray during the last years of his life. One day a man said to him: "Didn't the Prophet order gray hair to be covered with dye?" 'Yes, he did", Ali replied. "Then why don't you dye your hair?" the man asked. Ali said "At the time the Prophet gave that instruction the number of the Muslims was small, and there were many aged people who used to take part in the battles. The Prophet ordered them to dye their hair to conceal their real age, for if the enemy could see that he was faced with only a bunch of old men, his morale might have been raised. With the spread of Islam to the whole world, that situation has changed. Now every body is free to dye, or not to dye, his hair".

In the opinion of Imam Ali, the Prophet's instruction was not a basic and permanent law. It was only a way of implementing that law, which says that we should not do anything which might raise the morale of the enemy.

Islam attaches importance to the external appearance as well as to the inner spirit. But it wants the husk only for the sake of the kernel, and the garb only for the sake of the body.

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The Laws Which Have a Right of Veto

Another aspect of Islam which has given this religion the characteristic of mobility and applicability to varying circumstances, and has kept it as a living and everlasting religion, is that within it there exists a body of laws whose object is to control and modify other laws. They are called by the jurists, 'the governing rules'.

The rule of "No harm" and "No loss", that a law will not apply to those cases in which it may cause hardship or harm the interests of an innocent person, pervades the entire legal system. The object of such rules is to control and modify other laws. In fact Islam has given a veto power to these rules which change other rules.

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Powers of the Ruler

In addition, there is a further series of checks and balances which has given this religion the characteristic of finality. Ayatullah Na'ini and Allamah Tabataba’i have, in this respect, mostly relied on the powers delegated by Islam to the righteous Islamic government.

The Principle of Ijtihad

The Pakistani poet and philosopher, Iqbal, says that Ijtihad (the deducing of laws from their original sources) is the motivating force of Islam. He is right in saying so. But what is more important is that Islam has a special quality of being amenable to Ijtihad. No other religion possesses this quality in the same manner. The internal structure of Islam has been so designed that, with the aid of Ijtihad, it can always cope with the ever-changing pattern of the requirements of life.

Abu Ali Sina (Avicenna) in his book, al-Shifa, has based the need of Ijtihad on this very principle of ever-changing requirements. He says that conditions of life change constantly. New problems frequently crop up, but the fundamentals of Islam are constant and unalterable. Hence, in these circumstances, there should be some people who, with their full knowledge of all the points of law and precepts, may be able to answer all the questions which may arise from time to time, and thus meet the needs of the people.

The constitution of Iran provides that a body consisting of not less than five Mujtahids (eminent scholars of theology, capable of practicing Ijtihad) should keep a watch on the laws enacted by the State from time to time.

The idea is that such people, as are neither rigid and opposed to the modern developments, nor uninformed, blindly following others, should keep a watch on the legislative activity of the country.

It is worth mentioning that Ijtihad in the real sense means specializations and requires a deep insight into the fundamentals of Islam and a thorough knowledge of the principles of Islamic jurisprudence, which naturally cannot be claimed by everyone who might have passed some time in an Islamic academy.

No doubt, it is a lifetime job to specialize in the principles and precepts of Islam, and it requires Divine help besides a taste, a talent and a special aptitude.

Apart from specialization and Ijtihad, some people may acquire knowledge to the extent that their views may be regarded as authoritative. Such people must be pious and God-fearing to the utmost extent possible. The history of Islam mentions those people who, despite their vast knowledge and high morals, were cautious and fearful when they expressed their opinions, on points of law.

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Woman in Qur'an

Now we propose to answer the question whether Islam regards woman equal to man as a human being, or regards her inferior to him.

The Special Philosophy of Islam in Respect Of Family Rights

With regard to the rights of man and woman, Islam has a special philosophy of its own which differs from what happened 1400 years ago and what is happening now. It does not believe that in all cases man and woman have the same rights and obligations. In certain cases their rights and obligations are different, with the result that in certain cases their position in this respect is similar, and in certain others dissimilar.

This is not because Islam, like some other schools of thought, looks at woman contemptuously or considers her to belong to an inferior sex. Islam differentiates between the two sexes for some other valid reasons.

You might have heard that the followers of the Western systems refer to the Islamic rules of dower, maintenance, divorce, polygamy and the like in a way, as if they were insulting to woman and derogatory to her position. They mislead the people into the belief that these rules are unreasonable and clearly in favor of man.

They say that during the entire period of history, prior to the 20th century, all laws and rules in the world were based on the presumption that man belonged to a superior sex and that woman was created for his benefit and enjoyment. The rights accorded by Islam also revolve round man's interests, and are no exception to the general rule.

They assert that Islam is the religion of the male sex. It does not recognize woman to be a full human being. That is why it has not accorded her equal rights. Had it recognized her as a full human being, it would not have allowed polygamy; it would not have given man the right of divorce; it would not have considered the evidence of two females equal to that of one male; it would not have fixed the share in inheritance of a female as half of the share of a male; it would not have ordered the naming of a price for woman under the name of dower, and would not have made woman dependent on man for maintenance, instead of making her economically and socially independent. The Islamic teachings in all these cases show that Islam looks at woman contemptuously. Islam claims to be a religion of equality but, at least in the case of family relations, no equality has been observed by it.

They maintain that in the matter of rights, Islam gives a clear preference to man, and that is why it has given all these concessions to him.

If we like we can put their argument into a logical form thus: Had Islam considered woman to be a full human being, it would have accorded her rights similar and equal to those of man; but as it has not done so, it does not consider her to be a full human being.

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Equality or Similarity

This argument is based on the ground that human dignity being common to man and woman, they both must enjoy the same rights. In this connection, the point worth considering is whether on the basis of human dignity they both should have equal rights without any discrimination, or should have the same rights irrespective of their different roles in life. No doubt, human dignity being common to them, they both should have equal rights. But how about the similarity of their rights?

If, instead of blindly following the Western ideas, we allow ourselves some independent thinking, the first question which comes to mind is whether equality of rights does really mean their similarity also. In fact, they are two different beings. Equality means a condition of being equal in degree and value, whereas similarity means uniformity. It is possible that a father may distribute his wealth among his three children equally, but not uniformly. Suppose his wealth consists of several items such as a commercial store, some agricultural land and some property, which has been leased out. He, taking into consideration their respective tastes and aptitudes, gives the store to one, the agricultural land to another and the leased property to the third. He takes care that what he gives to each of them should be of fair value, and at the same time should suit their aptitude. Thus he distributes his wealth equally, but not uniformly.

Quantity is different from quality, and equality is different from uniformity. Islam does not believe in uniformity between man and woman. But at the same time it does not give preferential treatment to men, in the matter of rights. It has observed the principle of equality between man and woman, but it is opposed to the uniformity of their rights.

Equality is a charming word, for it implies a sense of indiscrimination. A particular sanctity is attached to it. It evokes respect, especially when it is associated with rights.

What a beautiful and sacred construction 'equality of rights' is! Any conscientious person is bound to succumb to its charm.

But we cannot understand how things have got to this extent that others who have once been the standard bearers of science and philosophy want to impose their ideas about the similarity of rights between men and women on us.

This is exactly as if a person sells boiled beets and gives to them the name of pears.

No doubt, Islam has not in all cases accorded similar rights to man and woman. But it has not also prescribed similar duties and similar punishments for the two sexes. Anyway, the total value of the rights accorded to woman is not less than that of the rights accorded to man. We propose to prove this point.

Here the question arises as to what is the reason that in certain cases dissimilar rights have been accorded to man and woman. Would it not have been better, had their rights been similar, as well as equal in all cases? To give full consideration to this point, we propose to discuss it under three headings:

(i) The Islamic view of the position of woman from the angle of her nature.

(ii) The effect of the physical disparity between man and woman. Does it make them dissimilar in the matter of rights also?

(iii) What is the philosophy behind the Islamic rules, which are in some cases different in respect of man and woman? is this philosophy still valid?

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The Position of Woman in the Islamic Scheme

The Qur'an is not merely a collection of laws. It is not a body of dry rules and laws with no explanation of their ultimate aims. it contains laws, as well as history, religious exhortations, an explanation of the meaning of Creation, and thousands of other things. At certain places it sets forth a course of action in legal form, and at others it explains the meaning of existence. It unravels the mysteries of the earth, the heavens, the plants, the animals and the human beings. It gives out the secrets of life and death, honor and disgrace, rise and fall, wealth and poverty.

The Qur'an is not a book of philosophy, but it has expounded, in very definite terms, its views on the three basic subjects of philosophy: the world, man and society. It does not teach its followers law alone, and does not indulge in mere exhortation and admonition, but, also by its interpretation of Creation, gives its followers a special outlook and a peculiar way of thinking. The basis of the Islamic regulations regarding social matters like ownership, government, family rights etc. are its very interpretation of Creation and various things.

One of the subjects explained in the Qur'an is that of the creation of man and woman. The Qur'an has not observed silence in this respect. It has left no opportunity to the philosophical meddlers to invent their own philosophy for the rules concerning man and woman, and to describe them as being based on Islam's contemptuous attitude towards the fair sex. Islam has itself given its views regarding woman.

To know the views of Islam on woman, we should see what the Qur'an says about her innate character. Other religions also have referred to this question, but it is the Qur'an alone which in a number of verses expressly says that woman has been created of the species of man, and both man and woman have the same innate character. While referring to Adam it says: He (God) made all of you from one being, and from that being He made its mate. [4: 1]

With regard to mankind in general, it says: He made your mate from among you. (Surah al-Nisa, Surah Ali Imran and Surah Rum).

Unlike some other religious books, there is no mention in the Qur'an that woman has been created of some inferior material, or that she has any parasitic and leftist aspect. Islam does not support the notion of the people who suppose that the spouse of Adam was created of his left ribs. Islam has no contemptuous view of woman in regard to her nature and innate character.

There is another contemptuous theory which was current in the past, and has left some undesirable traces in the world literature. According to it, woman is the cause of all sins. Her very existence stimulates evil. Woman is a little devil. It is said that woman has had a hand in every sin and every offence committed by man. Men themselves are free from sin; it is the women who drag them to it. It is also said that the Devil cannot have direct access to men. It is through women that he lures them. He prompts woman with wicked suggestions, and woman in turn prompts man. Adam was thrown out of Paradise because of a woman. The Devil misled Eve, and it was Eve who misled Adam.

The Qur'an has narrated the story of Paradise, but it says nowhere that the Devil or the Serpent misled Eve and Eve misled Adam. It neither blames Eve nor exonerates her.

The Qur'an says: We said to Adam: 'Take residence in Paradise.' both you and your Spouse, and eat the fruits thereof, freely wherever you wish and go not near that tree else you become wrongdoers. [2:35]. It puts the pronouns in the dual form. It also says: Then the Satan made a suggestion to them (both). Then he led them (both) on with guile. He swore to them (both): I am a sincere adviser to you (both). [7: 20–21]

Thus the Qur'an vehemently opposed the false notion which was current after the time of its revelation, and the echoes of which still resound in various parts of the world, It absolved woman from the charge that she was the prompter of sin, and herself a little devil.

Another contemptuous theory which has existed concerns woman's spiritual position. It was asserted that woman could not enter Paradise. She could not cover the spiritual and divine stages. She could not reach such a stage of proximity to God as man could. But the Qur'an, in a number of passages, has expressly said that the reward of the Hereafter and the proximity to God are not linked with sex. They depend on faith and deeds, and there is no difference between man and woman in this respect. In the Qur'an, side by side with every great and saintly man, a great and saintly woman has been mentioned. It has glorified the wives of Adam and Abraham and the mothers of Moses and Jesus. If it has mentioned the wives of Noah and Lot as unworthy of their husbands, it has not ignored the wife of the Pharaoh, and has mentioned her as a great woman who was in the hands of a wicked man. The Qur'an in its stories has maintained a sort of balance. Its heroes are both men and women.

While referring to the mother of Moses, the Qur'an says:

We made Our Will known to Musa's mother saying.' Put him in a box and throw it into the river. The waves shall cast him on to the bank. [20: 39]

About the mother of Jesus, it says that she had attained such a high spiritual position that the angels used to talk to her while she was worshipping in the Sanctuary. She used to receive eatables from supernatural sources. Her sublime spiritual position caused bewilderment even to Zachariah, the Prophet of that period.

There have been many eminent and saintly women in the history of Islam. Few men can attain the high position of Khadija, the beloved wife of the Prophet, and no man, except the Prophet and Ali (P) can match with Zahra, the beloved daughter of the Prophet. She holds a position superior to that of even her sons, who are Imams, and to that of the Prophets, other than the last one. Islam does not discriminate between man and woman in the matter of the 'journey towards God', but it regards man more suitable for shouldering the responsibility of Prophethood, which can be described as a 'return journey from God' to the people.

Another contemptuous theory that exists about woman is related to renunciation and celibacy. Certain religions regard sexual relations as a dirty thing. According to the belief of their followers, only those can attain higher levels of spiritual life who pass their whole life in celibacy. A well-known world religious leader says: "Cut down the tree of marriage with the axe of virginity." Such religious leaders tolerate marriage only as a lesser evil. In other words, they maintain that as most of the people are unable to lead a life of celibacy, and there is an apprehension that they will be unable to control themselves, and so will become involved in illicit relations with a number of women, it is better that they marry so that they do not come into contact with more than one woman. These gentlemen advocate renunciation and celibacy because they look upon the fair sex with suspicion. They consider love for woman to be a great moral evil.

Islam is severely opposed to this absurdity. It reckons marriage as sacred and celibacy as dirty. To like woman has been described by Islam as a part of a prophetic character. The Prophet has said: "I am interested in three things: perfume, woman and prayer".

Bertrand Russell says: "All religions other than Islam look at sexual relations with a pinch of suspicion. Islam, with an eye to social interest, has regulated and restricted them, but has not regarded them as dirty"

Another contemptuous theory with regard to woman, which has existed, is that woman has been created for the benefit of man.

Islam does not say any such thing. It has stated the purpose of Creation in clear terms. It expressly says that the earth, the heavens, the air, the clouds, the plants and the animals, all have been created for the sake of mankind. It does not say that woman has been created for the sake of man. According to it, both man and woman have been created for the sake of each other. The Qur'an says: They (women) are raiment (comfort, embellishment and protection) for you, and you (men) are raiment for them. [2: 187]

Had the Qur'an stated that woman was a mere appendage of man, and was created for his sake, that view would certainly have been reflecte6 in the Islamic laws, but the Qur'an has expressed no such view. It does not explain Creation that way. It does not consider woman a mere appendage to man. That is why this view is not reflected in Islamic laws.

Another contemptuous theory about woman, which previously existed, is that woman is an inescapable evil. In the olden days, many people held her in great contempt and looked upon her as a source of misfortune and all sorts of trouble. In contrast, the Qur'an has emphasized that woman is a blessing for man and a source of his comfort and relief.

According to another contemptuous theory, little significance was attached to the role of woman in childbearing. Pre- Islamic Arabs and some other communities regarded woman just as a receptacle for keeping and developing the seed of man. The Qur'an in several of its passages has said, We have created you from a man and a woman. The same idea has been deduced from some other verses by the commentators of the Qur'an. Thus Islam has put an end to that wrong way of thinking.

It is clear from the above that Islam holds no contemptuous view of woman. Now the time has come to see why there is dissimilarity between the rights of man and woman.

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Disparities between Man and Woman

This seems to be an odd phrase. It appears that though we are living in the 2nd half of the 20th century, yet there are some people, here and there, who have a medieval way of thinking, and still pursue the outdated idea of disparity between man and woman. Like the people of the medieval ages they are of the view that woman belongs to the inferior sex and that she is not a perfect human being. She is something betwixt and between man and animal. She is not fit to lead an independent life and must live under the supervision and control of man. But we know that all these ideas are outdated and obsolete. Today we know very well that man concocted the fake charge of imperfection against woman during the days of his ascendancy over her. Now, the proven fact is that woman belongs to the superior sex and man to the inferior one.

These are the views of some modern Westerners. In actual fact, the wonderful scientific progress of the 20th century has clearly proved the existence of disparities between man and woman. Their existence is not a malicious misrepresentation but a scientific truth, based on observation and experiment. Anyhow, these differences have nothing to do with the superiority or inferiority of either sex. The law of creation has ordained them simply to make the bond of conjugal relations firmer and to lay the foundation of the union between husband and wife deeper and better. Nature wanted to distribute family rights and obligations between them with its own hands. The law of creation has made the disparities between man and woman similar to the difference between the various organs of a body. If it has given a distinctive position to each one of the eyes, the ears, the hands, the feet and the spinal column, it does not mean that it has been unjust or has made any discrimination against any of them.

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Dower and Maintenance

It is one of the most ancient traditions of the human family relations that at the time of marriage the man pays a dower (mahr) to the woman or to her father. In addition to that, he undertakes to bear the expenses of his wife and children during the entire period of his life.

What is the basis of this tradition? Why and how did it begin? Why should the husband be responsible for the maintenance of his wife? What is the spirit of dower? Are dower and maintenance still relevant, even if man and woman enjoy all human and natural rights, and the relations between them are based on justice and equity; or are they only the surviving remnants of the days when man owned woman? Does justice and the equality of rights, especially in the 20th century, demand that these outdated traditions should be abolished, a marriage should take place without a dower, woman should be responsible to bear her own expenses, and the children should be the joint responsibility of husband and wife?

We propose to answer these questions, and begin with the question of dower. Let us see how this tradition came into being, what its philosophy is and how the sociologists explain its origin…

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The Dower in the Qur'an

The form of the dower described above in connection with the fifth stage is not an invention of the Qur'an. All that the Qur'an did was to restore it to its natural and pristine form. The Qur'an in its incomparably elegant style says: "Give to the women a free gift of their marriage portions". [4: 4] This means that the dower belongs to women exclusively and it is a gift to be paid directly to them. It has nothing to do with their fathers or brothers.

In this short sentence the Qur'an has referred to three basic points:

Firstly it has used for marriage portion or the dower the word, saduqatehinna meaning truthfulness and sincerity and not the word mehr. Thus, the dower is a symbol of the cordiality of the man paying it. This point has been expressly mentioned by a number of the commentators of the Qur’an, such as Zamakhshari, the author of the well-known commentary, the Kashshaf similarly, the famous philologist, Raghib Isfahani says in his lexicon of the Qur'an that the dower has been called saduqah because it is a symbol of the sincerity of faith. Secondly, it is clear from the above verse of the Qur'an that the dower is to be paid directly to the woman, and her parents have no claim to it. It is not a compensation for the efforts made by them to bring up their daughter. Thirdly, it is clear that the dower is nothing except a present and a gift.

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Inheritance

In the ancient world woman inherited nothing and, even when she inherited, she was treated like a minor. She had no independent legal personality. According to certain ancient legal systems, a daughter received an inheritance but her children did not. On the other hand, a son not only received an inheritance himself, but his children also inherited the property left by their grandfather. Certain other legal systems allowed woman to inherit but not in the form of a definitely prescribed share, or in the language of the Qur'an 'an appointed share'. They simply allowed a progenitor to make a bequest in her favor, if he so desired.

Historians and investigators have given detailed accounts of the various laws of inheritance found in the ancient world, but we need not go into all their details. For our purpose, the above given summary is enough.

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Wife: a Part of Inheritance

Sometimes the pre-Islamic Arabs counted a widow to be a part of her deceased husband's property and appropriated her accordingly. If the deceased had a son from another wife, he could throw a piece of cloth on the widow as a mark of acquiring her. Then he could dispose her at his will and pleasure. He had the option of either marrying her himself, or giving her in marriage to someone else and taking her dower. This custom, which was not peculiar to the Arabs, was abolished by the Qur'an.

In regard to inheritance, many aspects of the ancient Indian, Japanese, Roman, Greek, and Iranian laws also were objectionable and discriminating. For lack of space we cannot reproduce all that has been written by the experts in this respect.

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Inheritance of Woman during the Sassanian Period

The late Saeed Nafisi in his book, 'Social History of Iran from the Sassanian times to the end of the Umayyad period", writes: "Another interesting feature of the Sassanian culture was that, when a boy reached the age of puberty, his father married him to one of his own numerous wives. During that period, woman had no legal personality. The father and the husband had vast powers over her property. It was the duty of the father or the head of the family to marry a girl when she reached the age of 15, but the age of marriage for the boys was 20. After being married, a girl was not entitled to receive any inheritance from her father or guardian. She had no right to choose her husband herself, but she could contract an unlawful marriage if her father failed to marry her when she reached the age of puberty. In that event also she did not inherit from her father.

The number of women a man could marry was unlimited. The Greek sources mention cases, where a man had several hundred women in his house. The Zoroastrian religious books show that the rules of marriage during the Sassanian period were complex and confused.

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Woman's Inheritance in Islam

The Islamic law of inheritance is free from all the shortcomings and defects of the past. The only thing, which is objectionable in the eyes of the upholders of equality between man and woman, is that the share of woman is half that of man. According to the Islamic law, a son receives twice as much as a daughter, a brother twice as much as a sister and a husband twice as much as a wife. The case of father and mother is the only exception.

If a deceased has children and his parents are also alive, each of his parents will get one-sixth of the property left by him. It is because of woman's special position with regard to dower, maintenance, military service and some of the criminal laws, that her share has been fixed at half that of man.

For reasons mentioned earlier, Islam considers dower and maintenance essential and effective in the consolidation of a marriage. They ensure domestic harmony and coherence. The abolition of them is likely to shake the family structure and to push woman to prostitution. The dower and maintenance being compulsory, naturally woman's financial commitments have been reduced and man's burden has proportionately increased. To compensate man for his extra burden, his share in inheritance has been fixed at twice that of woman. It is dower and maintenance which have reduced woman's share.

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Objection of the Westernized

Some Westerners, while criticizing woman's lesser share in inheritance and using it as a propaganda weapon against Islam, assert that, after all, there is no necessity of lessening woman's share in inheritance and compensating her for the loss by allowing her dower and maintenance. Is there any need of going into bylanes and adopting out-of-the-way methods? Why should not woman's share, from the beginning, be equal to that of man so that we may not he compelled to compensate her by allowing her dower and maintenance?

The gentlemen, who happen to be more royalists than the king, have mistaken the cause for the effect and the effect for the cause. They think that the dower and the maintenance are the effects of women's peculiar position with regard to inheritance, whereas the real position is just the reverse. Further, they seem to be under the impression that the financial aspect is the only consideration. Had that been the only consideration, obviously there would have been neither the need for the system of dower and maintenance nor that of disparity between the shares of man and woman. As we have mentioned earlier, Islam has taken into consideration many aspects, some of them natural and others psychological. It has considered woman's special needs, arising out of her procreative function. Man naturally has no such needs. Besides, on the one hand, woman's earning capacity is less than that of man and, on the other; her consumption of wealth is more. In addition, there are several other finer aspects of their respective mental make-up. For example, man always wants to spend for the sake of the woman of his choice. Other psychological and social aspects, which help in the consolidation of the domestic relations, have also been considered. Taking all these points into consideration, Islam has made dower and maintenance obligatory. Thus, it is not simply a financial question, so that it may be said that there is no need of reducing woman's share at one place and compensating her at another.

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Objection of the Heretics of the Early Islamic Era

We have said that the dower and the maintenance are a cause and the peculiar position of woman with regard to inheritance is its effect. This point is not a new discovery. It came up even in the early days of Islam.

In the second century of the Hijri era there lived a man named Ibn Abi al-'Awja, who did not believe in religion. Taking advantage of the religious freedom of that period, he openly gave expression to his atheistic ideas. Sometimes he even came to the Masjid al-Haram (in Mecca) or Masjid al-Nabiyy (in Madinah) and engaged in arguments on the principles of Islam with the scholars of that time. One of his objections against Islam concerned inheritance. He used to say: "What is the fault of the poor woman that she gets one share whereas the man gets two". According to him, this was injustice to woman, the Imam Ja'far as-Sadiq (P), in reply to him, said that it was so, because woman was exempted from performing military service. Further, Islam had enjoined upon man to pay her dower and maintenance and, in certain criminal cases where the kinsmen of the offender had to contribute to the blood-money, she was exempted from such payment. These were the reasons why her share had been reduced. Thus Imam Sadiq expressly attributed woman's peculiar position, with regard to inheritance, to the existence of the law regarding dower and maintenance and her exemption from military service and the payment of blood- money.

The other Imams also answered likewise when a similar question was put to them.

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Divorce

In no age other than ours has so much attention been paid to the danger of the disintegration of the family and its harmful consequences, and again, in no age other than ours has man been faced with the real danger of such disintegration.

Why Islam Has Not Prohibited Divorce

Here a few other questions arise. If divorce is so loathsome and so disliked by God, why has it not been totally prohibited by Islam? Islam could at least lay down certain conditions for its validity. In that case anybody who wanted to divorce his wife would have been judicially bound to justify his intended action before a court of law.

The second question is: What does the sentence, "Out of all permissible things, divorce is most detestable to God" mean? If it is permissible, it cannot be detestable and, if it is detestable, it cannot be permissible. These are two contradictory terms.

Lastly, has the judiciary, which represents the society, the right to intervene in the matter of divorce to the extent of withholding its implementation until either the husband takes back his decision or it becomes clear that no reconciliation is possible, and hence there is no alternative but to sever the conjugal bond?

Delegation of the Right of Divorce to Wife

We have so far dealt with the natural right of divorce which belongs exclusively to the husband. But he can confer the power of divorce on the wife. This delegation of power can either be general or limited to certain specified circumstances. To make it irrevocable it is included in the marriage contract as a binding clause, according to which the wife is empowered to dissolve the marriage in the specified circumstances already agreed upon.

It has been customary since the olden days that the women, who feel, in any way, apprehensive of the conduct of their husbands, insist on the inclusion of such a clause in the marriage contract and exercise the power delegated to them, if necessary.

Thus, according to the Islamic law, though woman does not have the natural right of divorce, she can have the contractual right of the dissolution of marriage.

Hence, it is not correct to say that the right of divorce is unilateral and Islam has given it only to man.

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Judicial Divorce

Judicial divorce means the dissolution of marriage by a judge and not by the husband. In a large number of countries only a court is competent to effect divorce and to dissolve marriage. According to this system, every divorce is a judicial divorce. We have already made it clear that, in view of the spirit of marriage, the aim of the formation of a family and the position held by woman in the family, a divorce, which runs its normal course, cannot depend upon the decision of a judge.

Now we would like to see whether, from the Islamic point of view, a judge has no power to effect a divorce or there are any circumstances, howsoever exceptional, in which he can do so.

Divorce is the natural right of the husband, provided his relation with his wife run their normal course. Normally, if he wants to live with her, he should look after her, discharge all the rights belonging to her and treat her kindly. If he finds it impossible to live with her smoothly, he should pay up all her dues and part with her. Besides her dues, he is also required to pay her an additional sum as a token of goodwill and gratitude. The Qur’an says: "Provide for them, the rich according to his means, and the strained according to his means, a fair provision', [2: 236]

But there may be cases when the conjugal life does not run its normal course. There maybe a man who neither wants to live happily with his wife nor would he agree to divorce her.

Natural divorce may be compared to a natural childbirth, which automatically takes its normal course. But the divorce by a man, who is not willing to discharge his duty and does not agree to divorce, of his own accord, is comparable to an abnormal delivery which requires a caesarean operation by a surgeon.

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Fixed-Time Marriage

One of the glorious laws of Islam, from the point of view of the Ja'fari (Shi'ite) law, is that there are two kinds of marriage, a permanent and a fixed-time marriage.

Some of the effects, which flow from these two kinds of marriage, are the same and some others are different. There are two distinctive features between them. One is that in a fixed -time marriage, a man and a woman enter into a contract to marry each other for a fixed period, on the expiry of which, if they wish, they can extend it, otherwise they separate.

The other distinguishing feature is that there is a greater freedom of choice in fixed-time marriage. The contracting parties may stipulate any conditions they like. For example, in a permanent marriage the husband is bound to maintain his wife and meet her daily expenses. Besides, he has to provide for her clothing, housing and other necessities of life like medicines and medical treatment etc. But in a fixed-time marriage everything depends on the terms of the contract. It is possible that the husband may not be able or may not be willing to bear the expenses of his wife, or the wife may not like to utilize her husband's money.

In the permanent marriage the wife has to accept her husband as the head of the family and obey him within the limits of family interest, but in a fixed-time marriage this also depends on the terms of the contract. In the case of a permanent marriage wife and husband inherit from each other, but this is not so in a fixed-time marriage.

However, in the fixed-time marriage after the formula has been pronounced the couple is recognized as lawful wife and husband and they can then have intimacy but before that they are strangers and it is prohibited for them to have any kind of sexual relation.

The main difference between a fixed-time and a permanent marriage is that a fixed-time marriage places fewer restrictions upon the spouses. Its terms depend upon their will and choice and the agreement concluded between them. Its very nature gives a sort of freedom to both the parties, for it puts the fixation of its duration into their own hands.

In a permanent marriage neither the husband nor the wife can use any contraceptive methods without the consent of the other, but in the fixed-time marriage such a consent is not necessary. This is, in fact, another kind of freedom given to both the husband and the wife.

The child born from fixed-time wedlock is in no way legally different from the child born as a result of a permanent marriage.

Dower (mahr): The marriage portion given by the husband to his wife. The dower must be specified and fixed at the time of marriage, but its actual payment may be deferred with the mutual consent of the parties concerned.

'Dower' is necessary, both in the case of a permanent and a fixed-time marriage, with the only difference that the non-specification of dower at the time of marriage makes the fixed-time marriage void (batil), but does not affect the validity of permanent marriage. If no dower is specified at the time of permanent marriage, then the wife is entitled to the dower, customarily fixed for the females.

In a permanent marriage, the husband is debarred from ever marrying the mother or daughter of the wife and the wife is permanently debarred from marrying the father or son of the husband. Similar is the case with regard to fixed time marriage as it is forbidden to propose to a permanently married woman, similarly, it is not allowed to give an offer of marriage to a woman who is married under fixed-time marriage rules. As adultery with the permanent wife of someone else permanently debars a person from marrying her, the same restriction is imposed in the case of adultery with the fixed-time wife of someone else.

After getting a divorce, just as the permanent wife has to pass through a period of probation (iddah), during which she cannot marry again, the fixed-time wife also, after the expiry of the marriage term or the termination of marriage earlier with mutual agreement, has to pass a period of probation. The only difference is that in the case of a permanent wife the iddah is three monthly periods, whereas in the case of a fixed-time wife it is two periods or 45 days. To have two sisters as wives at the same time is prohibited both in the case of a permanent as well a fixed-time marriage. This is what is meant by a fixed-time marriage, according to the Shi'ite law.

Obviously we support this law with the prescribed conditions and specifications. If some people misused it in the past or are still misusing it, that has nothing to do with the legal system as such. The abolition of this law, as suggested by some modernists, can serve no useful purpose, as, with its abolition, malpractices will not stop, but will only take a different shape. Moreover, the abolition of this law will give rise to many other evils. What is required is that, instead of finding fault with the law, people should be reformed and correctly educated.

Now let us see why it is necessary to have the institution of a fixed-time marriage side by side with that of a permanent marriage. If a fixed-time marriage is necessary, is it compatible with the present day conditions and modern-ideas of human values? We propose to discuss this question under two headings:

(a) Present day life and a fixed-time marriage

(b) Faults and evils of a fixed-time marriage

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Caliph Bans Fixed-Time Marriage

Fixed-time marriage is an exclusive feature of the Ja'fari law. Other Muslim schools of theology do not allow it. I do not intend to enter into any Shi`i-Sunni controversy here. I wish only to refer briefly to the historical background of the question.

All the Muslims are unanimous that during the early period of Islam fixed-time marriage was permissible and the Prophet, during some of the journeys when the Muslims were away from their spouses and were feeling hardships, allowed them to contract fixed-time marriage. It is also agreed by all the Muslims that the second caliph, during the period of his caliphate, banned fixed-time marriage. According to the well-known reports he said: "Today I ban two things, which were allowed during the period of the Prophet. They are fixed-time marriage and performance of “Hajj” and “Urn rah” with separate “ihrams”,

Some Sunnis believe that the Prophet himself had banned fixed-time marriage during the last days of his life and the second caliph simply repeated this ban already placed by the Prophet. But the words of the caliph which have come down to us indicate something contrary to this. The correct explanation of this point is that which has been given by Allamah Kashif al-Ghita. The caliph banned temporary marriage, because he thought that the matter was within his constitutional power as Head of the State, who could use his special powers according to the needs of the time. In other words, the caliph's order was political and not legal. The caliph never concealed his deep concern over the dispersal of the companions of the Prophet in the newly acquired territories and their mixing with the newly converted Muslims. As long as he lived, he vehemently opposed their migration from Medina.

Especially, he did not like their blood to be mixed with that of the newly converted Muslims, whose Islamic training was not deep-rooted yet. Obviously, this was a temporary consideration. The Muslims of those days accepted the caliph's order without showing resentment, only because they knew that it was a political necessity and not a permanent law. Otherwise, it is inconceivable that the people would not have been resentful, when the caliph said that the Prophet had ordered one way and he was ordering the other way. But later, when, as the result of certain developments, the life of the early caliphs, especially the lives of the first two caliphs, came to be regarded as a model, their orders assumed the form of a permanent law. In this case our Sunni brethren are to be blamed more than the caliph who imposed temporary ban on fixed-time marriage for political considerations (just like the prohibition of tobacco in Iran at the beginning of this century). Others should not have given a permanent form to this ban.

It is evident that Allamah Kashif al-Ghita did not express any opinion as to whether the caliph's action was justified or not. He had simply described the nature of the plea on which action was taken in the first instance and the reason why it did not face any adverse reactions of the Muslims…

In many of his precious statements Imam Ali (P) the Commander of Faithful says: "If Umar had not taken the initiative to declare fixed-time marriage unlawful no one among the people, excepting a few sex maniacs, would have indulged in adultery.” That is, if fixed-time marriage had not been made unlawful, none would have developed freedom to commit adultery. Only those people, who are always inclined to commit unlawful acts, would have indulged in it.

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Polygamy

Monogamy (Practice of being married to only one woman at a time) is the most natural form of matrimony. The spirit of exclusive relationship or individual and private ownership prevails in it, though this ownership is different from that of wealth or property. In this system the husband and wife each regard the feelings, sentiments and the sexual benefits of the other, as exclusively belonging to him or to her.

The opposites of monogamy are polygamy (Custom of having more than one wife at the same time) and sexual communism. The latter, in a sense, may also be regarded as a form of polygamy.

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Defects of Polyandry

The main and the basic defect of the system of polyandry is that the paternity of the children practically remains uncertain. In this system, the relations between the child and the father are undetermined and that is the reason why it has not been successful. As sexual communism has not been able to take roots anywhere, this system also has not been accepted by any society worthy of the name. As we have said earlier, the family life, the building of a home for the future generation and the definite connection between the past and the future generations are some of the demands of the human instinct. The exceptional cases of the existence of plurality of husbands among certain sections do not prove that the desire of the formation of one's own family is not an instinct of man. Similarly, perpetual celibacy or complete abstinence from conjugal life, as practiced by a number of men and women, is also a sort of deviation. Polyandry is not only inconsistent with man's monopolistic nature and his paternal love, but it is opposed to the nature of woman also. Psychological investigations have proved that woman wants monogamy more than man.

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Islam and Polygamy

In contrast to polyandry, Islam has not totally abolished polygamy, but has restricted it. On the one hand, it has fixed the maximum number of wives, which one can have, at four, and, on the other, it has stipulated certain conditions and has not allowed everyone to indulge in having several wives. We shall discuss the conditions stipulated by Islam later and will explain why Islam has not banned polygamy.

It is surprising that during the Middle Ages, when anti Islamic propaganda was at its highest, the opponents of Islam used to say that it was the Prophet of Islam who, for the first time, invented the custom of polygamy. They claimed that this custom was the basis of Islam and the rapid spread of Islam among the various people of the world was due to it. At the same time, they claimed that polygamy was the cause of the decline of the people of the East…

It is a fact that Islam has not invented polygamy. It has only restricted it. It has prescribed a maximum limit for it. It has laid down strict conditions for it. This custom already existed among most of the people who accepted Islam. They were only compelled to comply with the conditions laid down by Islam.

In his book, Iran during the Sassanian Period, Christenson writes:

Polygamy was considered to be the basis of the family. Practically, the number of wives, which a man could have, depended on his means. The poor people apparently could not afford to have more than one wife as a general rule. The head of the family had special rights as such. One of the wives was regarded as the favorite wife and enjoyed full rights. Some other wives were treated as servants only. Legal rights of these two categories widely differed. The slave girls were included among the servant wives. It is not known how many favorite wives a single man could have. But there has been a mention of two favorite wives in the course of several legal discourses. Each of them was called the lady of the house. Apparently they lived in separate houses. The husband was bound to maintain the favorite wife so long as she lived. Every son until he reached the age of puberty, and every daughter until she was married, had the same rights. But only the male children of the servant-wives were admitted to the paternal family.

In the Social History of Iran from the fall of the Sassanians to the fall of the Umayyads the late Sa'id Nafisi writes:

The number of women whom a man could marry was unlimited and at times it is observed in the Greek documents that one man had hundreds of women in his house.

Montesquieu, quoting a Roman historian, says that several Roman philosophers, who were being tortured by the Christians because they refused to embrace Christianity, fled from Rome and took refuge in the court of the Iranian King, Khusro Parviz. They were astonished to see that not only polygamy was legal there, but the Persian men had intimacy with the wives of others also.

It may be pointed out here that the Roman philosophers took refuge in the court of the Persian king, Anushirwan, and not in the court of Khusro Parviz. Montesquieu has mentioned the name of the latter owing to some misunderstanding.

During the pre-Islamic period, the Arabs could have an unlimited number of wives. It was Islam that prescribed a maximum limit. This naturally created a problem for those who had more than four wives. In exceptional circumstances, some had even ten. They had to part with six of them.

From the above it is evident that polygamy is not an invention of Islam. Islam only restricted it. Anyhow, it did not abolish it totally. In the following chapters we shall discuss the causes which gave rise to this custom and shall explain why Islam did not do away with it. We shall also discuss the reasons which in modern times have impelled both men and women to rise against this custom.

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Drawbacks and Defects of Polygamy

A happy married life depends on sincerity, tolerance, sacrifice and unity. All these things are endangered in the case of polygamy. Apart from the unenviable position of the wives and the children in a plural marriage, the responsibilities of the husband himself are so heavy and crushing that it is no fun to shoulder them -Most of the men, who are happy and satisfied with polygamy, are those who practically evade their legal and moral responsibilities. They turn all their attention to one wife and ignore the other, whom they leave, in the words of the Qur’an, 'hanging', What is called polygamy by such people is in reality a sort of monogamy coupled with high-handedness, tyranny and criminal injustice. There is a proverb current among the common people which says: “One God, One Wife.”

That has been and is the belief of most of the people and, if we measure the problem by the standard of individual happiness, it is correct. The rule of monogamy, if not applicable to all men, is certainly applicable to most of them.

If someone thinks that polygamy, with all the legal and moral responsibilities it entails, is a bed of roses, he is sadly mistaken. From the angle of personal comfort and happiness, monogamy is definitely preferable.

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Role of Islam in the Development of Polygamy

Islam neither invented polygamy (for it had been in existence for centuries before the inception of Islam), nor did it abolish it, for there existed no other solution of certain social problems. Islam only reformed this ancient custom.

Limitations

Before Islam, one could have an unlimited number of wives and could form a harem. Islam prescribed a maximum limit. It did not allow anyone to have more than four wives. Those who had more than four wives at the time of embracing Islam were required to release the extra wives.

We come across the names of several such people in the early history of Islam. A man named Ghaylan Ibn Aslamah had ten wives. Another man named Nawfal Ibn Mu`awiyyah had five. The Prophet ordered them to part with their extra wives.

The Shí`ah traditions report that during the days of Imam Sadiq (P) a Zoroastrian embraced Islam. He had seven wives. The Imam was asked as to what that man should do with his wives. The Imam said that he must part with three.

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Justice and Equal Treatment

Another reform introduced by Islam was the condition of giving equal treatment to all the wives. Islam does not allow any discrimination between the wives or between their children. The Qur’an expressly says: "If you fear that you will not do justice (to them) then have one only." [4:3]

The Pre-Islamic world observed equality neither between the wives nor between their children. We have already quoted Christenson and others who say that during the Sassanian period polygamy was customary in Iran. One or more wives were called favorite wives and they enjoyed full rights and others known as servant-wives had lesser legal rights. Only the male children of the servant-wives were recognized to be the members of the paternal family.

Islam abolished all such customs and usages. It does not allow any wife or her children to be regarded as inferior to the other wife or children of her husband.

Will Durant in his book, History of Culture, Vol. I writes:

When a person accumulated wealth he feared that if it would be divided among all his children, each one of them would receive only as small portion of it. So he felt anxious to make a distinction between his real and favorite wife and other mistresses to enable the children of the real wife only to inherit from him.

This shows that in the ancient world discrimination between the wives and between their children was common. Anyhow, surprisingly enough Will Durant adds:

Until recently this continued to be the case in Asia. Gradually the real wife took the position of the sole wife. Other wives either disappeared or became clandestine mistresses.

Will Durant did not take notice of the fact, or he did not want to do so, that 14 centuries ago Islam abolished discrimination between the children. To have one real wife and several secret concubines is a European and not an Asian custom. It has only lately infiltrated into Asia.

Anyhow, the second reform which Islam introduced in the domain of polygamy was the abolition of discrimination between the wives and between their children. No form of favoritism with any particular wife is permissible. Almost all jurists are unanimous on this point. Only a few minor juridical schools have interpreted the rights of women in a way that smacks of discrimination. But there is no denying the fact that their view is in contradiction with the correct interpretation of the Qur'anic passage. The Prophet is reported by both the Shí`ah and the Sunnis to have said:

He who has two wives but does not treat them equally and shows leaning towards one of them, will be raised on the Day of Resurrection in such a state that one side of his body will be dragging along the ground. He will eventually go to Hell.

Justice is the greatest moral virtue. To prescribe the condition of justice and equal treatment means that the husband is required to be in possession of the highest moral qualities. As the feelings of man in respect of all his wives usually are not the same, observation of justice and abstinence from unequal treatment is one of his most onerous duties.

We all know that the Prophet, during the last ten years of his life, that is, during the period of his stay in Madinah, married several women. This was a period of Islamic wars and at that time the number of women, who had nobody to look after them, was quite large. Most of the wives of the Prophet were widowed and aged. Several of them had children by their former husbands.

The only maiden he married was Aishah, who often proudly said that she was the only woman whom no husband other than the Prophet, had ever touched.

The Prophet always gave strict equal treatment to all his wives and never discriminated between them. Urwah Ibn Zubayr was a nephew (sister's son) of Aishah. He inquired of his aunt as to how the Prophet treated his wives. Aishah said that he treated them with justice and complete equality.

He never gave preference to anyone of them over anyone else. Almost daily he called on every wife and inquired after her health etc. He passed the night with one wife, turn by turn. If by chance he wanted to pass a night with another wife, he formally came to the wife whose turn it was and took her permission. If the permission was given, he would go, otherwise he would not. Aishah said that she personally declined to give permission as and when he asked for it.

Even during his last illness which led to his death and when he was too weak to move, the Prophet scrupulously adhered to the principle of equality in his treatment with his wives. His bed was shifted from one room to another daily. At last, one day he called all his wives and asked them to permit him to stay in one room. With their permission he stayed in the room of Aishah.

At the time when he had two wives, Imam Ali (P) was so particular that he performed even ablution before prayer (wudu) in the house of the wife whose turn was there.

Islam attaches so much importance to the principle of justice and equality in treatment that it does not allow the husband and the second wife to enter into a stipulation at the time of their marriage, by which the second wife agrees to live on unequal terms with the first wife. This means that it is an obligatory duty of the husband to treat each wife on terms of strict equality, and that he cannot renounce this responsibility by entering into a prior agreement with anyone of his wives. All that the second wife can do is to forego some of her rights for practical purposes. But no such condition can be stipulated, nor is it possible that she should not have equal rights. Similarly, the first wife also can voluntarily forego some of her rights for practical purposes, but she cannot formally renounce them.

Once Imam Baqir (P) was asked whether by mutual consent it could be stipulated that the husband would visit one of his wives only once a week or once a month, or that the maintenance allowance of one wife would not be equal to that of another wife. The Imam said that such stipulations were not valid even with the consent of any wife. By virtue of marriage, every wife was entitled to full marital rights. All that she could do was to forego some or all of her rights after marriage, either to please her husband or for some other reason.

With all these strict moral conditions polygamy becomes a duty instead of being a means of pursuit of pleasure. Pursuit of pleasure and licentiousness are possible only in an atmosphere of complete freedom to pursue one's desires. But where there is a question of discipline, justice and duty, there can be no room for lewdness.

Those who indulge in licentiousness under the pretext of polygamy misuse an Islamic law and the society has every right to call them to account and punish them.

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Apprehension of Not Doing Justice

To be fair, it must be admitted that the number of those, who observe in letter and spirit all the conditions laid down by Islam in respect of polygamy, is very small. According to the Islamic law, if a man apprehends that the use of water may be harmful to him he should not perform ablution for prayers, and if he apprehends that fasting may be harmful to him he should not keep fast. You come across many people who inquire of you whether they should or should not perform ablution, or whether they should or should not keep fast, for they apprehend that performing ablution or keeping fast might be harmful to them. Such inquiries are in order. Such people should not perform ablution and should not keep fast.

But the Qur’an specifically says that if you fear that you will not treat your wives equally, you must have only one wife. Still you do not come across a single person who may say that he apprehends that he might not be able to treat two wives equally, and may inquire whether in his circumstances he should or should not have a second wife. It is evident that some people knowing well that they will not be able to do justice, still have several wives. They do so under the cloak of Islamic law. These are the people who bring a bad name to Islam by their unworthy action.

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Other Conditions

Besides the condition of justice and equality of treatment, there are also other conditions which a husband has to fulfill. We all know that a wife has a number of financial and other rights which the husband has to discharge. A husband has the right of having more than one wife, provided his financial condition allows him to do so. Financial soundness is a pre-requisite to monogamy also. Anyhow, we skip over further discussion of this question.

Physical and sexual potentialities are another pre-requisite.

It is reported in al-Kafi and al-Wasa'il that Imam Sadiq (P) has said that in case somebody collects several women, while he is not fit to satisfy them all, he will bear full responsibility if any of them takes to sin.

The historical accounts of the harems narrate many stories of young women, who, forced by the pressure of their sexual urges, had recourse to sin and occasionally became the cause of crimes and murders.

By now our readers should have become aware of the causes of polygamy and why Islam has not abolished this system. They should also have become aware of the conditions and limits prescribed by Islam in this respect. Islam has not disparaged women by allowing this system, but has rendered a great service to them. If polygamy is not allowed even where women of marriageable age outnumber men, women may become worthless toys in the hands of men. They may be treated worse than slave-girls, for man recognizes the child of a salve-girl as his own, but he makes no such commitment in respect of his mistresses and concubines.

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Rizvi on Apostasy

The following matters were directly addressed to Sayyid Muhammad Rizvi, a resident Shi`ite scholar; and here are the answers:

QUESTION 1:

What are the positions of various mujtahids and Islamic scholars and 'alims on capital punishment for those who convert out of Islam?

Is death penalty the required punishment, or does that depend on certain factors? If possible could you refer to Sachedina's Human Rights on this subject and critique it as well?

QUESTION 2:

I have been told recently that any Muslim who converts away from Islam (i.e. was a Muslim, then converts to another religion) must be killed.

However I am finding this extremely hard to believe, that Islam can use such forceful tactics to in a sense, keep Muslims from converting to other religions.

Can I please request some sort of elaboration on this matter? Is it true that converts away from Islam must be killed? If yes, I humbly request a detailed explanation on the logic of this rule, that will help put my mind and the mind of many others to rest. Please don't only quote me a reference, or Hadíth, as I wish to understand the logic and reasoning behind such a law and hence would appreciate your explanation.

ANSWER:

In the name of God, the Beneficent, the Merciful.

May God send His blessings upon Muhammad & his progeny.

APOSTACY IN ISLAM (Irtidad):

In the question forwarded to me by the 'Aalim Network about the punishment given to an apostate, I could sense the plea for understanding the law of Islam and the rationale behind that law. The issue of apostasy in Islam is a very complex and sensitive issue; and, therefore, I intend, with the tawfiq of God, subhanahu wa ta'ala, to answer in detail using the notes I have from a talk I gave in Toronto in May 1990.

First we shall explain our view about faith in God and whether or not Islam can be forcefully imposed on others; then comes the Islamic view on the choices a person has after he has willingly joined the Islamic faith; and, finally, we shall discuss the issue of apostasy.

1. faith in God: A Force or a Choice?

According to Islam, every child is born with the built-in ability to know and believe in his Creator; he has the cognition that has been placed by God in his nature (fitrah). God describes the human soul in a very beautiful way. After swearing by the most majestic signs of His creation, God says: "...and by the soul and He who perfected it! Then He inspired to it [the ability to understand] what is good for it and what is evil for it. Successful is he who purifies it, and failure is he who corrupts it." [91:1-10]

God has made our souls such that we are able to distinguish what is good and what is evil. But for a human soul to function on its fitrah, there is a condition-it must be kept pure, it must be immunized against spiritual corruption. The soul is like a bulb which can give light, provided it itself is not surrounded with a thick cover or dust; every human being has that light in his soul; however, those who keep it pure can enlighten their path with it, while those who allow the 'spiritual dirt' to accumulate on it cannot see their path towards God. (Incidentally, kufr literally means a cover.) The Prophet of Islam emphasized the same thing when he said, "Every child is born with the believing nature (al-fitrah), it is his parents who make him into a Jew or a Christian."

Besides this fitrah, God has also provided us with various means to know Him and believe in Him; He sent prophets and messengers, He sent books, and above all He created thousands of signs in nature which remind us of Him. "Soon We shall show them Our signs on the horizon (afaq) and in themselves (anfus), until it becomes clear to them that this is the Truth." [41:53]

2. Can Islam be Imposed Forcefully on Others?

Having accepted that from the Islamic point of view, faith in God is ingrained in human nature, and that it is only the parents and the society that corrupt the soul and divert it from the Right Path, the question comes: Can Islam be imposed forcefully on non-Muslims? Or we may even ask: Is jihad a means of imposing the faith of Islam on non-Muslims?

I do not intend to get into the issue of jihad; but, briefly stated, the majority of Shi'a mujtahidun do not believe in initiating a jihad without the clear permission of a ma'sûm Imam. Even those who allow the initiation of jihad, do not believe that jihad can be used to impose Islam on non-Muslims. At most, they say that jihad can be initiated to remove tyranny and oppression from a non-Muslim society in order to remove the factors which prevent the Divine message from reaching to the masses. Jihad cannot be used for imposing Islam on others; it is just for putting an end to the aggression on Muslims or for helping the oppressed non-Muslims. (The history of Muslims bears out this idea; an unbiased historian can clearly separate the spread of the Muslim rule over areas outside Arabia [by military might] and the spread of Islam [without force] in those same regions.)

The Qur'an clearly says that, "There is no compulsion in the religion." [2:256] What this verse actually means is that: "There is no compulsion in [accepting] the religion of Islam." Why? The verse continues, "Surely the Right Path is clearly distinct from the crooked path." So Muslims can always show the difference between the right and the wrong paths, but not force the non-Muslims to accept Islam.

3. What After Submission?

What we have said above was about accepting Islam, coming into the fold of Islam. We have made it very clear that no one can be forcefully brought into the fold of Islam; Islam cannot be imposed on any person or society. This was all about a person who is outside the fold of Islam. Now we move on to the next step. If a person is raised in a society which protects his soul from the impurities of kufr and shirk, or if a person is shown the Right Path and accepts it willingly - can such a person reject the Islamic faith? Is he allowed to apostate (become murtadd)? Can he declare that he does not believe in God, Prophet Muhammad and the Day of Judgment? Once a person enters into the fold of Islam, the rules change. As soon as you become a Muslim by your own choice, you are expected to submit yourself to God totally and completely. "O You who believe! Enter into submission, kaaffatah!" [2:208]. Kaffatah in the sense of "all" and "completely". Once a person becomes a believer, he surrenders the right of making decisions to God and Messenger: "No believing man and no believing woman has a choice in their own affairs when God and His Messenger have decided on an issue." [33:36]

Now even the question of apostasy, irtidad or deserting of one's faith, for a Muslim, becomes a shar'i/religious issue-even in this issue he is governed by the laws of Islam. Islam clearly says: No! You cannot become an apostate. After coming into the fold of Islam, rejection of the fundamentals is not tolerated. If there are doubts in your mind about the fundamental beliefs of Islam, then discuss, question, debate, study and solve them BUT you are not allowed to leave Islam, desert your own fitrah! There are quite a few examples of such discussions by people like Ibn Abi 'l-'Awja' (during the days of Imam Ja'far as-Sadiq) and Ishaq al-Kindi (during the days of Imam Hasan al-'Askari) who were attempting to write an answer to the Qur'an! On the issue of openly rejecting Islam, Islam cannot just stand aside and see one of its followers going astray. It would allow discussions to understand and solve the problems, but not allow its followers to lower themselves from the sublime status of "surrendering to the will of God-Islam" to the status of those "who have hearts but do not understand, ears but do not hear, and eyes but do not see."

4. Apostasy is Equal to Treason

Why does Islam not allow apostasy? Apostasy or irtidad in Islam is equal to treason.

The Western world limits treason to political and military terms. In the USA, treason consists "only in levying war against Americans, and in adhering to their enemies, giving them aid and comfort." However, sometimes even the Western world stretches the concept of political treason to include things which are not related to politics or military matters. For example, in England, treason includes violating the King's consort, or raping the monarch's eldest married daughter, as well as the sexual violation of the wife of the eldest son and heir. Even now, "polluting" the Royal bloodline or obscuring it is included in the definition of treason. (See Professor Ali Mazrui, The Satanic Verse or a Satanic Novel, p. 4-5, who probably is the first Muslim to have used the term treason in comparison with apostasy in the context of the Rushdie affair.)

Why has England included such non-political and non-military matters in treason? Because the Royal family and the purity of its bloodline is one of the most significant part of the British society and culture. In Islam, the concept of treason is not limited to political and military affairs, it also has a spiritual and cultural dimension to it. In the Islamic order of sacredness, God, then the Prophet and then the Qur'an occupy the highest positions. Tawhid, nubuwwa, and qiyama form the constitution of Islam. Just as upholding and protecting the constitution of a country is sign of patriotism, and undermining it is a form of treason-in the same way open rejection of the fundamental beliefs of Islam by a Muslim is an act of treason. Apostasy, i.e., the public declaration of rejecting the fundamentals of Islam, has also negative influence on the Muslim society; it is indeed a major fitna.

And that is why Islam has prescribed harsh punishment for irtidad. It must be emphasized that irtidad which we are discussing here involves open rejection, without any force and with the realization of what one's statements or actions imply. The punishment prescribed by the sharí`ah for apostasy is death.

Even the terms used by the sharí`ah for apostates give the idea of treason to this whole phenomenon. "Murtadd" means apostate. Murtadd can be of two types: fitri and milli. (1) Murtadd Fitri means a person born of a Muslim parent and then he rejects Islam. Fitri means nature or natural. The term "murtadd fitri" implies that the person has apostated from his nature, the nature of believing in God. (2) "Murtadd Milli" means a person who converted to Islam and then later on he rejects Islam. Milli is from millat which means a community. The term "Murtadd milli" implies that the person has apostated from his community. In the first case, the apostasy is like treason against God; whereas in the second case, the apostasy is like treason against the Muslim community. Probably, that is why there is also a difference in dealing with these two kinds of murtadds: A former kafir who became a Muslim and then apostates (Murtadd milli) is given a second chance; if he repents, then he is not to be killed. But one who is born as a Muslim and then apostates (Murtadd Fitri) he is to be killed even if he repents. His repentance might be accepted by God but he still has to go through the punishment prescribed for his treason in this world.

This punishment is only applicable in case of apostasy by men; in case of women, the punishment is not death but life imprisonment. If such a woman repents, then her repentance is accepted and the punishment is suspended.

In the writings of some of the mujtahidun, I have sensed that the punishment of a Murtadd is to be implemented only in dar al-Islam (i.e., the Muslim world) and not if the Murtadd flees to dar al-kufr (i.e., the abode of kufr).

What are the sources for these laws? The sources on which these punishments have been outlined in the sharí`ah are the authentic and reliable ahadith from the Imams of Ahl al-Bayt (a.s.). Those who know Arabic and have the aptitude to handle the fiqh istidlali text may refer to the late Ayatullah al-Khu'i's Takmilatu Minhaj al-Salihiyn, vol. 1, pp. 324-337 for the ahadith used by our jurists.

This is not a new issue or a controversial one among the Shi'a jurists. Even the scholars of the past centuries had the same views; for example, Sheikh al-Tusi (d. 460 AH) in al-Nihaya; Ibn Idris (d. 598 A.H.) in al-Sara'ir; Ibn Hamza al-Tusi in al-Wasila, al-Muhaqqiq al-Hilli (d. 676 A.H.) in Sharai` al-Islam, al-'Allama al-Hilli (d. 726 A.H.) in Qawa'idu al-Ahkam, and the First Martyr (d. 786 A.H.) and the Second Martyr in Sharh al-Lum'at al-Dimashqiyyah. Those who might suspect a division on this issue between the "usuli" and the "akhbari" schools, they should know that even the muhaddithin have chapters in their collections of Hadíth on "the punishment for Murtadd" citing the ahadith on this subject. See, for example, Sheikh Hurr al-'أmili, who has seven pages of ahadith under the title "abwab hadd al-Murtadd - sections on the punishment for Murtadd" in volume 18 of his Wasa'il al-Shi'ah.

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Ayatollah Khaminei on Rights

[Delivered on the occasion of the 5th Islamic Thought Conference 29-31st January, 1997]

The issue of human rights is one of the most fundamental human issues and also one of the most sensitive and controversial. During the recent decades, this problem was more political than either ethical or legal. Although the influence of political motives, rivalries, and considerations have made difficult the correct formulation of this problem, but this should not prevent thinkers and genuine humanists from probing into this problem and ultimately obtaining a solution.

In the West, though the issue of human rights was raised by the thinkers of the post-Renaissance period, it is only since the last two hundred years or so that it became an issue of prominence among the political and social issues of the Western society and an issue of fundamental significance. Perhaps, when we examine the causes of many social changes and political upheavals, we will find the marks of its presence and its principal ideals. During the last decades this emphasis reached its climax in the West. With the formation of the UNO after the Second World War and the subsequent drafting of the Universal Declaration of Human Rights, a concrete model came into existence as a result of this emphasis that can serve as a criterion and basis of our judgment and analysis of the ideals voiced in this regard during the last two hundred years and especially in the last few decades.

We Muslims, of course, know it very well that if the Western world and the Western civilization have paid attention to this matter in the recent centuries, Islam has dealt with it from all the various aspects many centuries back. The idea of human rights as a fundamental principle can be seen to underlie throughout Islamic teachings. This does not need any elaboration for a Muslim audience. That the verses of the Qur’án and the traditions handed down from the Prophet (SA) and the Imams of his Household (AS), each one of them emphasizes the fundamental rights of man something which has caught the attention of men in recent years- is known to Muslims, and there is no need for the scholars to be reminded about this fact. However, I would say, that today it is big responsibility on the shoulders of the Islamic society to make this reality known to the world, and not to allow those essential teachings of Islam to be lost in the storm of political clamor and ballyhoo.

There were some questions, which can be raised in this regard, and to answer them is my principal aim today. Of course, in the course of the conference you scholars would carry on useful and profound discussions on various aspects of human rights, which will itself serve as a source of information for the Muslim world and enlighten them about the viewpoints of Islam in this regard.

The first question is Whether the efforts made during the decades since the Second World War, in the name of human rights have been successful in their purpose or not. The addresses, the assemblies and the sessions held in the United Nations, and the claims made regarding human rights have they succeeded in bringing men closer to their genuine rights, or to at least the major section of the deprived humanity? The answer to this question is not so difficult; for an observation of the present world conditions is enough to prove that these attempts have not been successful until now. A glance at the conditions of the underdeveloped societies of the world, who form the major part of the human population, is sufficient to reveal the fact that not only the major part of humanity could not achieve their true rights during the last fifty years, but the methods of encroaching upon the rights of the deprived nations have become more sophisticated and complex and more difficult of remedy. We cannot accept the claims made by those who claim to be champions of human rights, while the bitter realities of the African and Asian nations and the hungry millions of the human race are before our eyes, and watch the constant spectacle of violation of the rights of several nations. Those who have been outspoken in advocating human rights during these last forty years have themselves grabbed the most fundamental of human rights from the people of the Third-World countries. It is with their connivance that certain governments and regimes that deny men their most primary rights have managed to survive. The dictators of today's world and also the despots of the last fifty years in Asia, Africa and Latin America- none of them could have established and preserved their dictatorships on their own without reliance upon the big powers. These big powers are exactly those who have coined most of the slogans concerning human rights; it is they who have brought into being the UNO, and even today the UN is at their service.

The economic poverty, hunger and loss of life in several countries of the world are of course the result of intervention, repression, and usurpation on the part of the big powers. Who has caused Africa, the land of plenteous resources to see this day? Who has kept the people of Bangladesh and India for years and years under exploitation, and, despite their natural resources and great potentialities, has brought them to the point that today we hear people die of hunger in those countries? Who has plundered the wealth and resources of the Third-World countries, and has brought about hunger, poverty and misfortune for these nations, procuring sophisticated technologies and immense wealth for themselves? We see that the organizers of the United Nations Organization and the principal drafters of the Universal Declaration of Human Rights and those who even today shamelessly claim to be the supporters of this declaration are the real authors of those misfortunes. Otherwise there is no reason as to why Africa, the land of exuberance and bounties, Latin America with its natural wealth, and the great India, and many other Third- world countries should have lagged behind and remained backward in spite of sufficient man-power and natural resources. Today, the system of political domination of capital and power prevails in the world, and there is no doubt in it that this system of dominance of capital and power is controlled and steered by the same people who the fathers of the Declaration of Human Rights. Under their wheel of capital, power and machine we see the nations of the world being crushed and struggling helplessly. The UN is the most outstanding product of the efforts made for human rights, yet what has it done in the past for the nations of the world, and what is it doing today? What active role could the UN play in solving the basic problems of nations and in relieving them of the calamities that befell them? In what instance did the UN emerge as a deliverer of the oppressed from the oppressor? At what point could the UN persuade the big tyrannical powers to refrain from making unjust demands? The UN has even lagged behind most of the nations in this regard. Today, despite all those claims, we are witnesses to the Apartheid regime in South Africa and to many instances of racism and racial discrimination in the advanced countries themselves. Therefore, it is clear that the TN despite its being the most outstanding example of the endeavor for human rights, has not done anything in this regard. It has intervened in international problems in the role of a preacher or priest. The Security Council is one of the principal organs of the TN, `and functions as the main decision-making body; in it the big powers have the right of veto. That is, every decision that is taken in the TN and in the Security Council against the real agents who handicap the nations, the same agents themselves, the big powers, are able to veto it. The United Nations and its organs, agencies and organizations, whether they `re cultural, economic or technical, all of them are under the influence and domination of the big powers. The US pressures never has cultural agency like the UNESCO and others are known to everyone. Since a Muslim was the chief of the UNESCO who desired to maintain his own independence as well as that of the agency, you witnessed how the US subjected the UNESCO to pressures during these last two years. Consequently, we feel that the TN as the most significant outcome of the endeavor for human rights has proved to be an ineffectual and impotent element, which has been created as ` consolation for nation that has no practical benefit. On account of the interference on the part of big powers, in cases it functions as their feudatory. We do not of course reject the UN; we believe that this organization ought to exist, and it must be reformed. We ourselves are its member. However, what I mean to say is that after all that effort, `after all that clamor and the hopes that were attached to this organization, you can see how inadequate and ineffectual this organization has remained in securing human rights in the world today. Hence, the answer to the first question has become clear. We can say that the efforts made for procuring human rights and the claims made in the name of human rights through the last several centuries and especially during the last few decades did not bear `any fruit; they have failed to secure human rights.

The second question is whether, basically, these efforts had any sincerity? This question is of course historical in nature `and may not have much practical value. Hence, I do not intend to discuss it at length. It suffices to mention here that, in our view, these efforts were not sincere. It is true that there were philosophers, thinkers and social reformers among the exponents of human rights, but the arena was dominated by politicians. Even the efforts of those thinkers and reformers were taken into the service of the politicians. If, in the annals of history thinkers, sages, apostles of God, mystics and men are seen to raise the cry for rights of man, today when we behold politicians and statesmen to raise this cry vociferously, we are justified in serious doubting their sincerity. Look around and see as to who are those who plead the case of human rights. The ex-president of the US projected himself as the defender of human rights during his election campaign, and won the election on account of it. In the beginning, from some of the speeches he made and steps that he took, ht appeared as if he was serious in his intention; but we have seen that ultimately he stood by the cruelest, the most barbaric and tyrannical of rulers, `and the most adamant opponents of human rights in this region. He supported the Shah and the tyrants of occupied Palestine and other infamous dictatorships of our days. Even now those who plead the case of human rights, the statesmen and politicians who vociferously voice their support for human rights in conferences and international forums are not more sincere than their former counterparts. We do not find `any signs of sincerity in their efforts. Those who drafted the Declaration of Human Rights, and at their fore the USA, their aim was to extend their domination and hegemony over the world of that time. Their problem was not to safeguard the rights of men, the kind of rights that they had violated during the war. They are the same people who have wiped out tens of thousands of human beings by an atom bomb. They were the same persons who in order to fight a war which had nothing to do with the Asian and African nations had recruited the majority of soldiers from India, Algeria and other African and non-European countries. We do not believe that Roosevelt, Churchill and Stalin and their like had the smallest consideration for human rights in the true sense of the word and were sincere in forming the United Nations and drafting the Universal Declaration of human Rights. Accordingly, the answer to the second question is also clear: No! We do not believe that the efforts made by the politicians and the most vocal advocates of human rights were sincere at all.

The third question, which is the most basic of them all, is, what was the reason for the failure of these attempts? This is the point to which more attention should be paid, and I shall discuss it briefly here. I believe it is the most basic point, because whatever has presented in the name of human rights is done within the framework of a defective and crooked system, a system of dominance which is repressive and tyrannical.

Those who have created the UN and have drafted the Universal Declaration of human rights, and those who most vehemently and vociferously plead for it today, regrettably the majority of them are statesmen and politicians who believe in the system of dominance and have accepted it. The system of dominance means that a group of men dominates and should dominate another group of men . The system of dominance is backed by the culture of dominance. Today the world is divided into two groups: one is the group of those who dominate and the other is the group of the dominated. Both the groups have accepted the system of dominance, and the big powers believe that this system should be maintained. Even those who are dominated have accepted the system of dominance and have consented to its continuity. This is the biggest flaw in the existing world situation. Those who do not accept the system of dominance are those individuals or groups who are not satisfied with the social order in their countries or with the social and political state of world affairs, and rise in revolt against this system. The revolutionary groups who revolt against the global status quo or revolutionary governments are very few in number and are constantly subjected to pressures and victimized. The most illustrative example of it is the Islamic Republic of Iran , which has rejected domination in all its forms, and has not accepted anybody's domination. The East as well as the West are the same for it in this respect. It does not give any priority to the powerful of the world or to its rich, while making decisions. The whole world is witness to the kind of pressures it had to face during the period of the last eight years since the Islamic Republic of Iran was established. It was subjected to political as well as military and economic pressures, and the pressures of world-wide propaganda launched against it . The cause of such pressures is clear. It was all done for the reason that the Islamic Republic has taken a clear and independent stand against the system of dominance. If some progressive governments have resisted Western and US domination, in majority of cases, there were observable signs of acceptance of and surrender to Eastern domination. Of course, all of them are not the same in this regard. Some of them have completely surrendered themselves to the Eastern bloc and the USSR while some others show signs of independence in some cases. But if there is a government and a society that has never yielded to any pressures, it is the Islamic Republic, which has totally rejected the system of dominance.

Wherever in the world there is any pressure, high-handedness and unjust demands made upon a certain nation by a big power in the world, we have made clear our stand and have openly and bluntly expressed our definite views without any reservations. But the majority of the world's nations have accepted this system. You can see that unfortunately the governments of the same countries which are subject to domination do not have the moral courage and guts to resist and oppose the domination of the big powers and fight them, while in our view it is quite possible. We believe that if the poor countries, the countries that have been under domination and in spite of their resources have been forced to fulfill the unjust demands made by the big powers- had they wished to stand against them, they could do so. No miracle is needed; it is sufficient that the governments should rely upon their own people.

Unfortunately, the weakness of will to resist, and more than weakness the treachery on the part of heads of some states in some cases, did not allow them to rise against the system of dominance. This system of dominance prevails over the world economy, culture, international relations and international rights. Naturally the issue of human rights has been posed within the framework of this system of dominance and developed in the background of this system and its outlook. As a result the very persons who strive to secure freedoms, opportunities and means of welfare for their citizens in European countries in the name of human rights; they bomb and kill human beings in other countries by thousands. What does it mean? Does it mean anything other than this that in the view of the culture of domination which prevails over the world, human beings are divided into two categories: the human beings whose rights are to be defended, and the human beings who have to rights whatsoever and it is permissible to kill, destroy, enslave and subjugate them and to seize their belongings. This system is prevalent all over the world and the conception of human rights is also the product of such a culture.

This is the framework of the system of rights in the world of today. Within this cultural and legal framework the superpowers constantly widen the gap between the weaker nations and themselves, and exert more and more pressure on them. The greater the rate of advancement in technology and its speed accelerates, the more are the weaker countries and nations threatened and subjected to mounting pressures. No one asks the big powers today as to what right they have to put greater pressure on other countries and nations than ever before with their greater advancement in technology and industrialization. Today the satellites launched into the space by the big powers are moving in their orbits around the globe, and gathering minutest details and probing into the secrets of other countries. Why? What gives them right to do that?

Today, most of the communications between people on the global level, especially those between statesmen and heads of states, and political and scientific communications are accessible to those who possess sophisticated technology. Why? Does anyone ask them? Does anyone raise any objection? Since the US has launched those satellites and possesses the means of gathering and benefiting from intelligence, it is given the right by all to obtain that information. Doesn't the eavesdropping on the communications between the world's people amount to a violation of their rights? Does anyone put this question to the US, USSR, UK, France and Germany? When this question is raised, will anyone affirm that such a question should be raised? No, everyone says to himself: they are strong so they can do it; they are capable of doing it, so they must use the opportunity. Today, the problem of atom bomb and the use of nuclear weapons is an issue all over the world.

The superpowers themselves raise it because they are afraid of each other. They wrangle over it and each tries to dupe the other by limiting the nuclear arsenals of its rival while equipping itself with more and more. But, have the smaller countries ever thought of opposing the makers of nuclear bombs, by declaring that unless these bombs are destroyed and defused and unless peace of mind is restored to humanity, which is exposed to the nuclear danger every moment, they shall not have any relations with them, nor any trade nor any cooperation in any matter? Have the Third-World countries, the non-aligned nations and other countries of the world- have they ever thought of making use of some kind of leverage against the race for nuclear arms? No. If you suggest this idea to them, they will say that it is an advanced technology, they possess it; they can, and so must produce such weapons.

It means that they have accepted the logic of dominance. The absence of balance in the present world conditions has equally been accepted by the oppressor as well as the oppressed nations. The culture of dominance has been imposed on the minds. When we denounce the East and the West in international forums on account of their acts, we clearly perceive the astonishment of heads of the states and representatives of countries. They consider it something odd and rash, whereas it is a natural stand by an independent nation. All the nations and states should behave in a like manner, but they don't. The conclusion that we draw is that today the prevalence of the culture of dominance has become the biggest evil. It is something which has been greatly detrimental for the weaker nations, and encouraged the big powers to violate human rights.

Whether it is the US's aggression against Grenada, or the massacre of defenseless Lebanese civilians by the US supported Israel, or the ruthless suppression of the black population- who are the real masters of the land- by the government of South Africa, which is backed by the US and some European governments- all these violations of human rights are easily tolerated. But when a frustrated individual infuriated by this state of affairs in some corner of the world does something, if an explosion takes place or something happens, it is deplored as an act of terrorism. But the US's aggression against Libya, the bombardment of the residence of the president of a country and the violation upon its territory, is not condemned by the world. Whenever there is a mention of terrorism, mostly that which comes to the minds of people is some desperate act of a youth, a victim of oppression fed up with life, from Palestine, or Lebanon, or some African or Latin American country, rather than the acts of such big powers as the US, the UK, and others. This is nothing but the result of the culture of dominance, the culture that unfortunately dominates human mentality all over the world.

In the culture of dominance, words also acquire peculiar connotations that suit the suit the system of dominance. For instance, 'terrorism' is defined in a way so that the US's aggression against Libya, or its intimidation of Nicaragua or the invasion of Grenada, etc. does not come under the definition of 'terrorism'. This is a big flaw in the present state of affairs. Therefore, the failure of the attempts made in the name of human right- even on behalf of those who are sincere and earnest- is on account of the nature of the framework within which they want to lay down and declare the rights of the human beings- something which is not possible. This framework is to be broken and the system of dominance to be condemned. States, nations and countries should resolutely reject the unfair and unjust domination of the big powers so that human rights may be understood, pursued and restored.

Lastly, the fourth question: what is the remedy? In our view, the answer is return to Islam, and recourse to Divine revelation. This is a prescription equally valid for Muslims as well as for non-Muslims. For this, the Islamic societies do not have to wait for anything. Return to Islam, revival of the Qur’án and of Islamic mode of thinking in society, recourse to Islamic sources (the Qur’án and the Sunnah) in legal matters -these are the things and that will enable us to understand the meaning of human rights and help us to identify the those rights and guide us in our struggle to secure them. For the purpose of securing human rights, it is necessary once and for all to give up giving advice and lecturing, since they are of no use. The Qur’án says: "Take by force that which we have given you." [2:63]. God Almighty has granted these rights to mankind, and they should secure these rights by force. The Islamic nations should resist the unjust demands and dominance of the big powers by relying upon the Islamic ideology. These are not the words of an idealist who speaks about Islamic issues and Islamic ideals from the corner of a theological seminary. These are the utterances of a revolution which has gone through experiences and has felt the actualities.

Our revolution is an experience that is available for study to all the nations. I do not say that we have solved all our problems. We haven't. There is no doubt that a great many problems have been created for us on account of the Revolution and on account of its Islamic character. But we have solved the problem of dominance. Today the Iranian nation and the Islamic Republic can claim that they have rid themselves of all domination and powers and that they can decide for themselves. Of course, when a nation tries to do away with all the forms of dependence, it has a long path to tread. Dependence if not accompanied with domination, pushing around, and unjust demands is something natural and tolerable. It is quite obvious that our revolution and the Islamic Republic inherited the legacy of a decadent society, a shattered economy, and a degenerate culture. What was handed down to the Revolution by the rulers of the past centuries, especially of the last fifty or sixty years, was an Iran beleaguered from all sides. It is not to be expected that the Revolution will be able to lead this dissipated heritage in a short time to the heights of cultural, ethical and economic achievement and scientific and industrial advancement. We do not make such claims, but, of course, we do anticipate a good future. We believe that it is possible for a nation to reach a high level of material advancement only through independence, self-reliance and by using its manpower and material resources. But what we positively claim today is that the Islamic Republic is not under any political pressure or domination of any power whatsoever. Political pressures do not influence it to change its course or alter its decisions; it does not change its path or its momentum on account of any consideration for some superpower. It means that we have freed ourselves and our people from the domination of the big powers.

This is an experience, which, we believe, underlines the significance of the most basic and precious of human rights in Islam: the right to live, the right to be free, the right to benefit from justice, the right to welfare, and so on. These and other such fundamental rights can be secured in an Islamic society. They can be derived from the Islamic sources and Islam has incorporated them in its commands to Muslims and drawn man's attention towards them, much before Western thinkers gave thought to these rights and values. It is essential to return to Islam.

Muslim thinkers are charged with the responsibility of thoroughly examining and studying the subject of human rights or rather the general structure of the Islamic legal system. This is also the mission of the present conference, which, I hope, will be a new step taken in this direction, and, God willing, this work would continue. The nations of the world can benefit from the sublime outlook of Islam in this regard in coming closer to securing these rights. The Islamic governments may of course help their peoples in securing their rights, but on condition that they should have no reservations in regard to the big powers. Unfortunately, today we do not see such a state of affairs. Most of the regimes governing Islamic countries are under the influence of the big powers. The majority of them are dominated by the West and under US influence. Therefore, their actions and decisions comply neither with the Islamic principles, nor with the needs of Muslim nations.

A ready example in this regard is the conference held recently in Kuwait. You have seen that in this conference, instead of considering the basic problems of Muslims, what kinds of problems were discussed and what kind of resolution was passed. It was by no means compatible with an Islamic approach to the problem. Instead of rejecting over Iraq's aggression against a Muslim country and its waging of a war against an Islamic revolution, they should have denounced it and expelled it from the Conference. Instead of revealing the part played by the imperialist powers in igniting the flames of this imposed war, they came out with a hollow and insipid demand for peace, and even expressed their satisfaction for Iraq's positive response to the call for peace. They did it without going into the core of the problem, without appreciating the fact that a nation's resolve to defend its own rights is something commendable, and without recognizing that the willingness of a government and a regime to be influenced by the pressure of imperialist powers in creating obstacles in the path of a revolution is something condemnable.

Of course, these resolutions, decisions and opinions are much invalid and weightless as they are remote from Islamic principles and values. Accordingly, there is no nation or country in the world which looks forward to knowing what step the Islamic Conference takes in Kuwait so as to welcome it or be disappointed with it. It means that these decisions and resolution are so much so removed from reality, alien to the basic Islamic criteria, and the aspirations of nations that they remain completely indifferent to these. You will not find a single country in the world whose people should be waiting eagerly to know as to what the Islamic Conference has to say, so that its resolution promises a sense of obligation or the pleasure of receiving some good news. What is the reason? Why should a gathering of forty-six Islamic states organized on the highest level of heads of states and leaders be so ineffectual and so much devoid of consequence and content? It is on account of the unfortunate fact that most of these regimes are under the influence of the big powers. As long as this domination of the big powers and their awe and fear remain in their hearts, the affairs of the Muslim nations will be in disarray. If we wish to deliver the Muslim word form its present-day disarray and confusion, the first thing that is to be done is to drive this fear and awe from the hears, as God Almighty has said: "...So fear not mankind, but fear Me..." They should not be afraid of anyone except God. If this happens, the condition of the Islamic nations will move towards betterment.

I conclude my speech with the hope that, God willing, this Islamic Thought Conference, during the few days that it will hold its sessions, will be able to make a significant contribution towards the understanding of the Islamic verities regarding human rights. Besides, the exchange of opinions between the Iranian and non-Iranian brothers will help the communication of the experience of the Islamic Revolution and the Islamic Republic and their better understanding by the non-Iranian brothers. It will provide them the opportunity to study that experience, so that other nations may view the revolution brought about by their brethren in Iran as a model and as a new path that can be possibly trodden.

Wassalam 'alaykum wa rahmatullah wa barakatuh.

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A Sunni Perspective: Mawdudi

In the modern times, the creation of Pakistan in the late 1940’s was a significant event, in that it did not only create a new nation-state out of one people, but it also polarized Muslim thinkers. The writings of Abu al-A`la al-Mawdú`í, coupled with his political statements regarding that historical event will help us explore the specifics of the Sunni proposal for the form of governance for today’s Muslims.

Human Rights, the West and Islam

Before I discuss the human rights in Islam I would like to explain a few points about two major approaches to the question of human rights: the Western and Islamic. This will enable us to study the issue in its proper perspective and avoid some of the confusion which normally befogs such a discussion.

The Western Approach

The people in the West have the habit of attributing every good thing to themselves and try to prove that it is because of them that the world got this blessing, otherwise the world was steeped in ignorance and completely unaware of all these benefits. Now let us look at the question of human rights. It is very loudly and vociferously claimed that the world got the concept of basic human rights from the Magna Carta of Britain; though the Magna Carta itself came into existence six hundred years after the advent of Islam. But the truth of the matter is that until the seventeenth century no one even knew that the Magna Carta contained the principles of Trial by Jury; Habeas Corpus, and the Control of Parliament on the Right of Taxation. If the people who had drafted the Magna Carta were living today they would have been greatly surprised if they were told that their document also contained all these ideals and principles. They had no such intention, nor were they conscious of all these concepts which are now being attributed to them. As far as my knowledge goes the Westerners had no concept of human rights and civic rights before the seventeenth century. Even after the seventeenth century the philosophers and the thinkers on jurisprudence though presented these ideas, the practical proof and demonstration of these concepts can only be found at the end of the eighteenth century in the proclamations and constitutions of America and France. After this there appeared a reference to the basic human rights in the constitutions of different countries. But more often the rights which were given on paper were not actually given to the people in real life. In the middle of the present century, the United Nations, which can now be more aptly and truly described as the Divided Nations, made a Universal Declaration of Human Rights, and passed a resolution against genocide and framed regulations to check it. But as you all know there is not a single resolution or regulation of the United Nations which can be enforced. They are just an expression of a pious hope. They have no sanctions behind them, no force, physical or moral to enforce them. Despite all the high-sounding ambitious resolutions of the United Nations, human rights have been violated and trampled upon at different places, and the United Nations has been a helpless spectator. She is not in a position to exercise an effective check on the violation of human rights. Even the heinous crime of genocide is being perpetrated despite all proclamations of the United Nations. Right in the neighboring country of Pakistan, genocide of the Muslims has been taking place for the last twenty-eight years, but the United Nations does not have the power and strength to take any steps against India. No action has even been taken against any country guilty of this most serious and revolting crime.

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The Islamic Approach

The second point which I would like to clarify at the very outset is that when we speak of human rights in Islam we really mean that these rights have been granted by God; they have not been granted by any king or by any legislative assembly. The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are conferred. The same is the case with the rights accepted and recognized by the dictators. They can confer them when they please and withdraw them when they wish; and they can openly violate them when they like. But since in Islam human rights have been conferred by God, no legislative assembly in the world, or any government on earth has the right or authority to make any amendment or change in the rights conferred by God. No one has the right to abrogate them or withdraw them. Nor are they the basic human rights which are conferred on paper for the sake of show and exhibition and denied in actual life when the show is over. Nor are they like philosophical concepts which have no sanctions behind them.

The charter and the proclamations and the resolutions of the United Nations cannot be compared with the rights sanctioned by God; because the former is not applicable to anybody while the latter is applicable to every believer. They are a part and parcel of the Islamic faith. Every Muslim or administrators who claim themselves to be Muslims will have to accept, recognize and enforce them. If they fail to enforce them, and start denying the rights that have been guaranteed by God or make amendments and changes in them, or practically violate them while paying lip-service to them, the verdict of the Holy Qur’án for such governments is clear and unequivocal:

Those who do not judge by what God has sent down are the disbelievers (kafirun) [5:44]. The following verse also proclaims: "They are the wrong-doers (zalimun)" [5:45], while a third verse in the same chapter says: "They are the evil-livers (fasiqun)" [5:47]. In other words this means that if the temporal authorities regard their own words and decisions to be right and those given by God as wrong they are disbelievers. If on the other hand they regard God's commands as right but wittingly reject them and enforce their own decisions against God's, then they are the mischief-makers and the wrongdoers. Fasiq, the law-breaker, is the one who disregards the bond of allegiance, and zalim is he who works against the truth. Thus all those temporal authorities who claim to be Muslims and yet violate the rights sanctioned by God belong to one of these two categories, either they are the disbelievers or are the wrong- doers and mischief-makers. The rights which have been sanctioned by God are permanent, perpetual and eternal. They are not subject to any alterations or modifications, and there is no scope for any change or abrogation.

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Basic Human Rights

The first thing that we find in Islam in this connection is that it lays down some rights for man as a human being. In other words it means that every man whether he belongs to this country or that, whether he is a believer or unbeliever, whether he lives in some forest or is found in some desert, whatever be the case, he has some basic human rights simply because he is a human being, which should be recognized by every Muslim. In fact it will be his duty to fulfill these obligations.

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The Right to Life

The first and the foremost basic right is the right to live and respect human life. The Holy Qur’án lays down:

Whosoever kills a human being without (any reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind ... (5:32)

As far as the question of taking life in retaliation for murder or the question of punishment for spreading corruption on this earth is concerned, it can be decided only by a proper and competent court of law. If there is any war with any nation or country, it can be decided only by a properly established government. In any case, no human being has any right by himself to take human life in retaliation or for causing mischief on this earth. Therefore it is incumbent on every human being that under no circumstances should he be guilty of taking a human life. If anyone has murdered a human being, it is as if he has slain the entire human race. These instructions have been repeated in the Holy Qur’án in another place saying:

Do not kill a soul which God has made sacred except through the due process of law ... [6:151]

Here also homicide has been distinguished from destruction of life carried out in pursuit of justice. Only a proper and competent court will be able to decide whether or not an individual has forfeited his right to life by disregarding the right to life and peace of other human beings. The Prophet, may God's blessings be on him, has declared homicide as the greatest sin only next to polytheism. The Tradition of the Prophet reads: "The greatest sins are to associate something with God and to kill human beings." In all these verses of the Qur’án and the Traditions of the Prophet the word 'soul' (nafs) has been used in general terms without any distinction or particularization which might have lent itself to the elucidation that the persons belonging to one's nation, the citizens of one's country, the people of a particular race or religion should not be killed. The injunction applies to all human beings and the destruction of human life in itself has been prohibited.

The “Right to Life” has been given to man only by Islam. You will observe that the people who talk about human rights if they have ever mentioned them in their Constitutions or Declarations, then it is clearly implied in them that these rights are applicable only to their citizens or they have been framed for the white race alone. This can clearly be gleaned by the fact that human beings were hunted down like animals in Australia and the land was cleared of the aborigines for the white man. Similarly the aboriginal population of America was systematically destroyed and the Red Indians who somehow survived this genocide were confined to specified areas called Reservations. They also penetrated into Africa and hunted down human beings like wild animals. All these instances go to prove that they have no respect for human life as such and if they have, it is only on the basis of their nationality, blind or race. Contrary to this, Islam recognizes this right for all human beings. If a man belongs to a primitive or savage tribe, even then Islam regards him as a human being.

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The Right to the Safety of Life

Immediately after the verse of the Holy Qur’án which has been mentioned in connection with the right to life, God has said: "And whoever saves a life it is as though he had saved the lives of all mankind" (5:32). There can be several forms of saving man from death. A man may be ill or wounded, irrespective of his nationality, race or blind. If you know that he is in need of your help, then it is your duty that you should arrange for his treatment for disease or wound. If he is dying of starvation, then it is your duty to feed him so that he can ward off death. If he is drowning or his life is at stake, then it is your duty to save him. You will be surprised to hear that the Talmud, the religious book of the Jews, contains a verse of similar nature, but records it in altogether different form. It says: "Whoever destroyed a life of the Israelite, in the eyes of the Scripture, it is as if he destroyed the whole world. Whoever protected and saved one life of the Israelite, in the light of the Scripture, it is as if he saved the whole world." Talmud also contains the view that if a non-Israelite is drowning and you tried to save him then you are a sinner. Can it be given a name other than racialism? We regard it as our duty to save every human life, because it is thus that we have been enjoined in the Holy Qur’án. On the other hand, if they regard it necessary to save the life of a human being at all, it should be the life of an Israelite. As far as other people are concerned, according to this view, they do not seem to be human enough to deserve protection of their persons. In their literature the concept of 'Goyim' for which the English word 'Gentile' and the Arabic word ummi (illiterate) is used, is that they enjoy no human rights; human rights are reserved only for the children of Israel. The Qur’án has mentioned this belief of the Israelites and quotes the Jews saying: "There is no blame on us (for anything we may do) with regard to the unlettered folk (i.e. the ummi)" (3:75).

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Respect for the Chastity of Women

The third important thing that we find in the Charter of Human Rights granted by Islam is that a woman's chastity has to be respected and protected under all circumstances, whether she belongs to our own nation or to the nation of an enemy, whether we find her in the wild forest or in a conquered city; whether she is our co-religionist or belongs to some other religion or has no religion at all. A Muslim cannot outrage her under any circumstances. All promiscuous relation- ship has been forbidden to him, irrespective of the status or position of the woman, whether the woman is a willing or an unwilling partner to the act. The words of the Holy Qur’án in this respect are: "Do not approach (the bounds of) adultery" (17:32). Heavy punishment has been prescribed for this crime, and the order has not been qualified by any conditions. Since the violation of chastity of a woman is forbidden in Islam, a Muslim who perpetrates this crime cannot escape punishment whether he receives it in this world or in the Hereafter. This concept of sanctity of chastity and protection of women can be found nowhere else except in Islam. The armies of the Western powers need the daughters of their nation to satisfy their carnal appetites even in their own countries, and if they happen to occupy another country, the fate of its women folk can better be imagined than described. But the history of the Muslims, apart from a few lapses of the individuals here or there, has been free from this crime against womanhood. It has never happened that after the conquest of a foreign country the Muslim army has gone about raping the women of the conquered people, or in their own country, the government has arranged to provide prostitutes1for them. This is also a great blessing which the human race has received through Islam.

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The Right to a Basic Standard of Life

Speaking about the economic rights the Holy Qur’án enjoins upon its followers:

And in their wealth there is acknowledged right for the needy and destitute. [51:19]

The words of this injunction show that it is a categorical and un- qualified order. Furthermore this injunction was given in Mecca where there was no Muslim society in existence and where generally the Muslims had to come in contact with the population of the disbelievers. Therefore the clear meaning of this verse is that anyone who asks for help and anyone who is suffering from deprivation has a right in the property and wealth of the Muslims; irrespective of the fact whether he belongs to this nation or to that nation, to this country or to that country, to this race or to that race. If you are in a position to help and a needy person asks you for help or if you come to know that he is in need, then it is your duty to help him. God has established his right over you, which you have to honor as a Muslim.

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Individual's Right to Freedom

Islam has clearly and categorically forbidden the primitive practice of capturing a free man, to make him a slave or to sell him into slavery. On this point the clear and unequivocal words of the Prophet (S) are as follows: "There are three categories of people against whom I shall myself be a plaintiff on the Day of Judgment; of these three, one is he who enslaves a free man, then sells him and eats this money" (al-Bukhari and Ibn Majah). The words of this Tradition of the Prophet are also general, they have not been qualified or made applicable to a particular nation, race, country or followers of a particular religion. The Europeans take great pride in claiming that they abolished slavery from the world, though they had the decency to do so only in the middle of the last century. Before this, these Western powers had been raiding Africa on a very large scale, capturing their free men, putting them in bondage and transporting them to their new colonies. The treatment which they have meted out to these unfortunate people has been worse than the treatment given to animals. The books written by the Western people themselves bear testimony to this fact.

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The Slave Trade of Western Nations

After the occupation of America and the West Indies, for three hundred and fifty years, traffic in slave trade continued. The African coasts where the black-skinned captured Africans were brought from the interior of Africa and put on the ships sailing out from those ports, came to be known as the Slave Coast. During only one century (from 1680 to 1786) the total number of free people who were captured and enslaved only for British Colonies amounts, according to the estimate of British authors, to 20 million human beings. Over the period of only one year (1790) we are told that 75,000 human beings were captured and sent for slave labor in the Colonies. The ships which were used for transporting the slaves were small and dirty. These unfortunate Africans were thrust into the holds of these ships like cattle right up to the top and many of them were chained to the wooden shelves on which they could hardly move because these were only eighteen inches apart, kept one on top of the other. They were not provided with suitable food, and if they fell ill or were injured, no attempt was made to provide them with medical treatment. The Western writers themselves state that at least 20% of the total number of people who were captured for slavery and forced labor perished during their transportation from the African coast to America. It has also been estimated that the total number of people who were captured for slavery by the various European nations during the heyday of the slave trade comes to at least one hundred million. This is the record of the people who denounce Muslims day and night for recognizing the institution of slavery. It is as if a criminal is holding his finger of blame towards an innocent man.

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The Position of Slavery in Islam

Briefly I would like to tell you about the position and nature of slavery in Islam. Islam tried to solve the problem of the slaves that were in Arabia by encouraging the people in different ways to set their slaves free. The Muslims were ordered that in expiation of some of their sins they should set their slaves free. Freeing a slave by one's own free will was declared to be an act of great merit, so much so that it was said that every limb of the man who manumits a slave will be protected from hell-fire in lieu of the limb of the slave freed by him. The result of this policy was that by the time the period of the Rightly-Guided Caliphs was reached, all the old slaves of Arabia were liberated. The Prophet alone liberated as many as 63 slaves. The number of slaves freed by Aishah was 67, Abbas liberated 70, Abdullah Ibn `Umar liberated one thousand, and Abd al-Rahman purchased thirty thousand and set them free. Similarly other Companions of the Prophet liberated a large number of slaves, the details of which are given in the Traditions and books of history of that period.

Thus the problem of the slaves of Arabia was solved in a short period of thirty or forty years. After this the only form of slavery which was left in Islamic society was the prisoners of war, who were captured on the battlefield. These prisoners of war were retained by the Muslim Government until their government agreed to receive them back in exchange for Muslim soldiers captured by them, or arranged the payment of ransom on their behalf. If the soldiers they captured were not exchanged with Muslim prisoners of war, or their people did not pay their ransom money to purchase their liberty, then the Muslim government used to distribute them among the soldiers of the army which had captured them. This was a more humane and proper way of disposing of them than retaining them like cattle in concentration camps and taking forced labor from them and, if their women folk were also captured, setting them aside for prostitution. In place of such a cruel and outrageous way of disposing of the prisoners of war, Islam preferred to spread them in the population and thus brought them in contact with individual human beings. Over and above, their guardians were ordered to treat them well. The result of this humane policy was that most of the men who were captured on foreign battlefields and brought to the Muslim countries as slaves embraced Islam and their descendants produced great scholars, imams, jurists, commentators, statesmen and generals of the army. So much so that later on they became the rulers of the Muslim world. The solution of this problem which has been proposed in the present age is that after the cessation of hostilities the prisoners of war of the combatant countries should be exchanged. Whereas Muslims have been practicing it from the very beginning and whenever the adversary accepted the exchange of prisoners of war from both sides, it was implemented without the least hesitation or delay. In modern warfare we also find that if one government is completely routed leaving her in no position of bargaining for the prisoners of war and the winning party gets its prisoners easily, then experience has shown that the prisoners of war of the vanquished army are kept in conditions which are much worse than the conditions of slaves. Can anyone tell us what has been the fate of the thousands of prisoners of war captured by Russia from the defeated armies of Germany and Japan in the Second World War? No one has given their account so far. No one knows how many thousands of them are still alive and how many thousands of them have perished due to the hardship of the Russian concentration and labor camps. The forced labor which has been taken from them is much worse than the service one can exact from slaves. Even perhaps in the times of ancient Pharaohs of Egypt such harsh labor might not have been exacted from the slaves in building the pyramids of Egypt, as has been exacted from the prisoners of war in Russia in developing Siberia and other backward areas of Russia, or working in coal and other mines in below zero temperatures, ill-clad, ill-fed and brutally treated by their supervisors.

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The Right to Justice

This is a very important and valuable right which Islam has given to man as a human being. The Holy Qur’án has laid down: "Do not let your hatred of a people incite you to aggression" [5:2]. "And do not let ill-will towards any folk incite you so that you swerve from dealing justly. Be just; that is nearest to heedfulness" [5:8]. Stressing this point the Qur’án again says: "You who believe stand steadfast before God as witness for (truth and) fair play" [4:135]. This makes the point clear that Muslims have to be just not only with ordinary human beings but even with their enemies. In other words, the justice to which Islam invites her followers is not limited only to the citizens of their own country, or the people of their own tribe, nation or race, or the Muslim community as a whole, but it is meant for all the human beings of the world. Muslims therefore, cannot be unjust to anyone. Their permanent habit and character should be such that no man should ever fear injustice at their hands, and they should treat every human being everywhere with justice and fairness.

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Equality of Human Beings

Islam not only recognizes absolute equality between men irrespective of any distinction of blind, race or nationality, but makes it an important and significant principle, a reality. The Almighty God has laid down in the Holy Qur’án: "O mankind, we have created you from a male and female." In other words all human beings are brothers to one another. They all are the descendants from one father and one mother. "And we set you up as nations and tribes so that you may be able to recognize each other" (49:13). This means that the division of human beings into nations, races, groups and tribes is for the sake of distinction, so that people of one race or tribe may meet and be acquainted with the people belonging to another race or tribe and cooperate with one another. This division of the human race is neither meant for one nation to take pride in its superiority over others nor is it meant for one nation to treat another with contempt or disgrace, or regard them as a mean and degraded race and usurp their rights. "Indeed, the noblest among you before God are the most heedful of you" (49:13). In other words the superiority of one man over another is only on the basis of God-consciousness, purity of character and high morals, and not on the basis of blind, race, language or nationality, and even this superiority based on piety and pure conduct does not justify that such people should play lord or assume airs of superiority over other human beings. Assuming airs of superiority is in itself a reprehensible vice which no God-fearing and pious man can ever dream of perpetrating. Nor does the righteous have more privileged rights over others, because this runs counter to human equality, which has been laid down in the beginning of this verse as a general principle. From the moral point of view, goodness and virtue is in all cases better than vice and evil.

This has been exemplified by the Prophet in one of his sayings thus: "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" (al-Bayhaqi and al-Bazzaz). In this manner Islam established equality for the entire human race and struck at the very root of all distinctions based on blind, race, language or nationality. According to Islam, God has given man this right of equality as a birthright. Therefore no man should be discriminated against on the ground of the blind of his skin, his place of birth, the race or the nation in which he was born. Malcolm X, the famous leader of African Negroes in America, who had launched a bitter struggle against the white people of America in order to win civil rights for his black compatriots, when he went to perform the pilgrimage, and saw how the Muslims of Asia, Africa, Europe, America and those of different races, languages and colors of skin, were wearing one dress and were hurrying towards God's House-the Ka'bah and offering prayers standing in one row and there was no distinction of any kind between them, then he realized that this was the solution to the problem of blind and race, and not what he had been trying to seek or achieve in America so far. Today, a number of non- Muslim thinkers, who are free from blind prejudice, openly admit that no other religion or way of life has solved this problem with the same degree of success with which Islam has done so.

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The Right to Cooperate and Not to Cooperate

Islam has prescribed a general principle of paramount importance and universal application saying: "Co-operate with one another for virtue and heedfulness and do not co-operate with one another for the purpose of vice and aggression" [5:2]. This means that the man who undertakes a noble and righteous work, irrespective of the fact whether he is living at the North Pole or the South Pole, has the right to expect support and active co-operation from the Muslims. On the contrary he who perpetrates deeds of vice and aggression, even if he is our closest relation or neighbor, does not have the right to win our support and help in the name of race, country, language or nationality, nor should he have the expectation that Muslims will co-operate with him or support him. Nor is it permissible for Muslims to co-operate with him. The wicked and vicious person may be our own brother, but he is not of us, and he can have no help or support from us as long as he does not repent and reform his ways. On the other hand the man who is doing deeds of virtue and righteousness may have no kinship with Muslims, but Muslims will be his companions and supporters or at least his well- wishers.

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Rights of Citizens in an Islamic State

We have discussed the human rights in general. Now we would like to take up the question of rights of the citizens in an Islamic State. As these rights are more extensive than the general human rights which have been described earlier, they need separate treatment.

1. The Security of Life and Property

In the address which the Prophet delivered on the occasion of the Farewell Hajj, he said: "Your lives and properties are forbidden to one another until you meet your Lord on the Day of Resurrection." God Almighty has laid down in the Holy Qur’án: "Anyone who kills a believer deliberately will receive as his reward (a sentence) to live in Hell for ever. God will be angry with him and curse him, and prepare dreadful torment for him" [4:93]. The Prophet has also said about the dhimmis (the non-Muslim citizens of the Muslim State): "One who kills a man under covenant (i.e. a dhimmi) will not even smell the fragrance of Paradise" (al-Bukhari and AD). Islam prohibits homicide but allows only one exception, that the killing is done in the due process of law which the Qur’án refers to as bi al-haqq (with the truth). Therefore a man can be killed only when the law demands it, and it is obvious that only a court of law can decide whether the execution is being carried out with justice or without justification. In case of war or insurrection a just and righteous government alone, which follows the Sharí`ah or the Islamic Law, can decide whether a war is just or unjust, whether taking of a life is justified or not; and whether a person is a rebel or not and who can be sentenced to death as a punishment. These weighty decisions cannot be left in the hands of a court which has become heedless to God and is under the influence of the administration. A judiciary like this will not bring about justice. Nor can the crimes of state be justified on the authority of the Holy Qur’án or Traditions (Hadíth) when the state murders its citizens openly and secretly without any hesitation or on the slightest pretext, because they are opposed to its unjust policies and actions or criticize it for its misdeed, and also provides protection to its hired assassins who have been guilty of the heinous crime of murder of an innocent person resulting in the fact, that neither the police take any action against such criminals nor can any proof or witnesses against these criminals be produced in the courts of law. The very existence of such a government is a crime and none of the killings carried out by them can be called "execution for the sake of justice" in the phraseology of the Holy Qur’án.

Along with security of life, Islam has with equal clarity and definiteness conferred the right of security of ownership of property, as mentioned earlier with reference to the address of the Farewell Hajj. On the other hand, the Holy Qur’án goes so far as to declare that the taking of people's possessions or property is completely prohibited unless they are acquired by lawful means as permitted in the Laws of God. The Law of God categorically declares "Do not devour one another's wealth by false and illegal means" [2:188].

2. The Protection of Honor

The second important right is the right of the citizens to the protection of their honor. In the address delivered on the occasion of the Farewell Hajj, to which I have referred earlier, the Prophet did not only prohibit the life and property of the Muslims to one another, but also any encroachment upon their honor, respect and chastity were forbidden to one another. The Holy Qur’án clearly lays down:

(a) "You who believe, do not let one (set of) people make fun of another set. (b) Do not defame one another. (c) Do not insult by using nicknames. (d) And do not backbite or speak ill of one another" [49:11-12].

This is the law of Islam for the protection of honor which is indeed much superior to and better than the Western Law of Defamation. According to the Islamic Law if it is proved that someone has attacked the honor of another person, then irrespective of the fact whether or not the victim is able to prove himself a respectable and honorable person the culprit will in any case get his due punishment. But the interesting fact about the Western Law of Defamation is that the person who files suit for defamation has first to prove that he is a man of honor and public esteem and during the interrogation he is subjected to the scurrilous attacks, accusations and innuendoes of the defense council to such an extent that he earns more disgrace than the attack on his reputation against which he had knocked the door of the court of law. On top of it he has also to produce such witnesses as would testify in the court that due to the defamatory accusations of the culprit, the accused stands disgraced in their eyes. Good Gracious! what a subtle point of law, and what an adherence to the spirit of Law! How can this unfair and unjust law be compared to the Divine law? Islam declared blasphemy as a crime irrespective of the fact whether the accused is a man of honor or not, and whether the words used for blasphemy have actually disgraced the victim and harmed his reputation in the eyes of the public or not. According to the Islamic Law the mere proof of the fact that the accused said things which according to common sense could have damaged the reputation and honor of the plaintiff, is enough for the accused to be declared guilty of defamation.

3. The Sanctity and Security of Private Life

Islam recognizes the right of every citizen of its state that there should be no undue interference or encroachment on the privacy of his life. The Holy Qur’án has laid down the injunction: "Do not spy on one another" [49:12]. "Do not enter any houses except your own homes unless you are sure of their occupants' consent" [24:27]. The Prophet has gone to the extent of instructing his followers that a man should not enter even his own house suddenly or surreptitiously. He should somehow or other inform or indicate to the dwellers of the house that he is entering the house, so that he may not see his mother, sister or daughter in a condition in which they would not like to be seen, nor would he himself like to see them in that condition. Peering into the houses of other people has also been strictly prohibited, so much so that there is the saying of the Prophet that if a man finds another person secretly peering into his house, and he blinds his eye or eyes as a punishment then he cannot be called to question nor will he be liable to prosecution. The Prophet has even prohibited people from reading the letters of others, so much so that if a man is reading his letter and another man casts sidelong glances at it and tries to read it, his conduct becomes reprehensible. This is the sanctity of privacy that Islam grants to individuals. On the other hand in the modern civilized world we find that not only the letters of other people are read and their correspondence censored, but even their Photostat copies are retained for future use or blackmail. Even bugging devices are secretly fixed in the houses of the people so that one can hear and tape from a distance the conversation-taking place behind closed doors. In other words it means that there is no such thing as privacy and to all practical purposes the private life of an individual does not exist.

This espionage on the life of the individual cannot be justified on moral grounds by the government saying that it is necessary to know the secrets of the dangerous persons. Though, to all intents and purposes, the basis of this policy is the fear and suspicion with which modern governments look at their citizens who are intelligent and dissatisfied with the official policies of the government. This is exactly what Islam has called as the root cause of mischief in politics. The injunction of the Prophet is: "When the ruler begins to search for the causes of dissatisfaction amongst his people, he spoils them" (AD). The Amir Mu`awiyyah has said that he himself heard the Prophet saying: "If you try to find out the secrets of the people, then you will definitely spoil them or at least you will bring them to the verge of ruin." The meaning of the phrase 'spoil them' is that when spies (C.I.D. or F.B.I. agents) are spread all around the country to find out the affairs of men, then the people begin to look at one another with suspicion, so much so that people are afraid of talking freely in their houses lest some word should escape from the lips of their wives and children which may put them in embarrassing situations. In this manner it becomes difficult for a common citizen to speak freely, even in his own house and society begins to suffer from a state of general distrust and suspicion.

4. The Security of Personal Freedom

Islam has also laid down the principle that no citizen can be imprisoned unless his guilt has been proved in an open court. To arrest a man only on the basis of suspicion and to throw him into a prison without proper court proceedings and without providing him a reason- able opportunity to produce his defense is not permissible in Islam. It is related in the Hadíth that once the Prophet was delivering a lecture in the mosque, when a man rose during the lecture and said: "O Prophet of God, for what crime have my neighbors been arrested?" The Prophet heard the question and continued his speech. The man rose once again and repeated the same question. The Prophet again did not answer and continued his speech. The man rose for a third time and repeated the same question. Then the Prophet ordered that the man's neighbors be released. The reason why the Prophet had kept quiet when the question was repeated twice earlier was that the police officer was present in the mosque and if there were proper reasons for the arrest of the neighbors of this man, he would have got up to explain his position. Since the police officer gave no reasons for these arrests the Prophet ordered that the arrested persons should be released. The police officer was aware of the Islamic law and therefore he did not get up to say: "the administration is aware of the charges against the arrested men, but they cannot be disclosed in public. If the Prophet would inquire about their guilt in camera I would enlighten him." If the police officer had made such a statement, he would have been dismissed then and there. The fact that the police officer did not give any reasons for the arrests in the open court was sufficient reason for the Prophet to give immediate orders for the release of the arrested men. The injunction of the Holy Qur’án is very clear on this point. "Whenever you judge between people, you should judge with (a sense of) justice" [4:58]. The Prophet has also been asked by God: "I have been ordered to dispense justice between you." This was the reason why the Caliph `Umar said: "In Islam no one can be imprisoned except in pursuance of justice." The words used here clearly indicate that justice means due process of law. What has been prohibited and condemned is that a man be arrested and imprisoned without proof of his guilt in an open court and without providing him an opportunity to defend himself against those charges. If the Government suspects that a particular individual has committed a crime or he is likely to commit an offence in the near future then they should give reasons for their suspicion before a court of law and the culprit or the suspect should be allowed to produce his defense in an open court, so that the court may decide whether the suspicion against him is based on sound grounds or not and if there is good reason for suspicion, then he should be informed of how long he will be in preventive detention. This decision should be taken under all circumstances in an open court, so that the public may hear the charges brought by the government, as well as the defense made by the accused and see that the due process of law is being applied to him and he is not being victimized.

The correct method of dealing with such cases in Islam is exemplified in the famous decision of the Prophet which took place before the conquest of Mecca. The Prophet was making preparations for the attack on Mecca, when one of his Companions, Hatib Ibn Abi Balta'ah sent a letter through a woman to the authorities in Mecca informing them about the impending attack. The Prophet came to know of this through a Divine inspiration. He ordered `Ali and Zubayr: "Go quickly on the route to Mecca, at such and such a place, you will find a woman carrying a letter. Recover the letter from her and bring it to me." So they went and found the woman exactly where the Prophet had said. They recovered the letter from her and brought it to the Prophet. This was indeed a clear case of treachery. To inform the enemy about a secret of an army and that too at the time of a war is a very serious offence tantamount to treachery. In fact one cannot think of a more serious crime during war than giving out a military secret to one's enemy. What could have been a more suitable case for a secret hearing; a military secret had been betrayed and common sense demanded that he should be tried in camera. But the Prophet summoned Hatib to the open court of the Mosque of the Prophet and in the presence of hundreds of people asked him to explain his position with regard to his letter addressed to the leaders of Quraysh which had been intercepted on its way. The accused said: "O God's Messenger (may God's blessings be on you) I have not revolted against Islam, nor have I done this with the intention of betraying a military secret. The truth of the matter is that my wife and children are living in Mecca and I do not have my tribe to protect them there. I had written this letter so that the leaders of Quraysh may be indebted to me and may protect my wife and children out of gratitude." `Umar rose and respect- fully submitted: "O Prophet, please permit me to put this traitor to the sword." The Prophet replied: "He is one of those people who had participated in the Battle of Badr, and the explanation he has advanced in his defense would seem to be correct."

Let us look at this decision of the Prophet in perspective. It was a clear case of treachery and betrayal of military secrets. But the Prophet acquitted Hatib on two counts. Firstly, that his past records were very clean and showed that he could not have betrayed the cause of Islam, since on the occasion of the Battle of Badr when there were heavy odds against the Muslims, he had risked his life for them. Secondly, his family was in fact in danger at Mecca. Therefore, if he had shown some human weakness for his children and written this letter, then this punishment was quite sufficient for him that his secret offence was divulged in public and he had been disgraced and humiliated in the eyes of the believers. God has referred to this offence of Hatib in the Holy Qur’án but did not propose any punishment for him except rebuke and admonition.

The attitude and activities of the Kharijis in the days of the Caliph `Ali are well-known to the students of Muslim history. They used to abuse the Caliph openly, and threaten him with murder. But whenever they were arrested for these offences, `Ali would set them free and tell his officers "As long as they do not actually perpetrate offences against the State, the mere use of abusive language or the threat of use of force are not such offences for which they can be imprisoned." The imam Abu Hanifah has recorded the following saying of the Caliph `Ali (A): "As long as they do not set out on armed rebellion, the Caliph of the Faithful will not interfere with them." On another occasion `Ali was delivering a lecture in the mosque when the Kharijis raised their special slogan there. `Ali said: "We will not deny you the right to come to the mosques to worship God, nor will we stop to give your share from the wealth of the State, as long as you are with us (and support us in our wars with the unbelievers) and we shall never take military action against you as long as you do not fight with us." One can visualize the opposition which `Ali was facing; more violent and vituperative opposition cannot even be imagined in a present-day democratic State; but the freedom that he had allowed to the opposition was such that no government has ever been able to give to its opposition. He did not arrest even those who threatened him with murder nor did he imprison them.

5. The Right to Protest against Tyranny

Amongst the rights that Islam has conferred on human beings is the right to protest against government's tyranny. Referring to it the Qur’án says: "God does not love evil talk in public unless it is by some- one who has been injured thereby" [4:148]. This means that God strongly disapproves of abusive language or strong words of condemnation, but the person who has been the victim of injustice or tyranny, God gives him the right to openly protest against the injury that has been done to him. This right is not limited only to individuals. The words of the verse are general. Therefore if an individual or a group of people or a party usurps power, and after assuming the reins of authority begins to tyrannize individuals or groups of men or the entire population of the country, then to raise the voice of protest against it openly is the God-given right of man and no one has the authority to usurp or deny this right. If anyone tries to usurp this right of citizens then he rebels against God. The talisman of Section 1444 may protect such a tyrant in this world, but it cannot save him from the hell-fire in the Hereafter.

6. Freedom of Expression

Islam gives the right of freedom of thought and expression to all citizens of the Islamic State on the condition that it should be used for the propagation of virtue and truth and not for spreading evil and wickedness. This Islamic concept of freedom of expression is much superior to the concept prevalent in the West. Under no circumstances would Islam allow evil and wickedness to be propagated. It also does not give anybody the right to use abusive or offensive language in the name of criticism. The right to freedom of expression for the sake of propagating virtue and righteousness is not only a right in Islam but also an obligation. One who tries to deny this right to his people is openly at war with God, the All-Powerful. The same thing applies to the attempt to stop people from evil. Whether this evil is perpetrated by an individual or by a group of people or the government of one's own country or the government of some other country; it is the right of a Muslim and it is also his obligation that he should warn and reprimand the evildoer and try to stop him from doing it. Over and above, he should openly and publicly condemn it and show the course of righteousness which that individual, nation or government should adopt.

The Holy Qur’án has described this quality of the Faithful in the following words: "They enjoin what is proper and forbid what is improper" [9:71]. In contrast, describing the qualities of a hypocrite, the Qur’án mentions: "They bid what is improper and forbid what is proper" [9:67]. The main purpose of an Islamic Government has been defined by God in the Qur’án as follows: "If we give authority to these men on earth they will keep up prayers, and offer poor-due, bid what is proper and forbid what is improper" [22:41]. The Prophet has said: "If any one of you comes across an evil, he should try to stop it with his hand (using force), if he is not in a position to stop it with his hand then he should try to stop it by means of his tongue (meaning he should speak against it). If he is not even able to use his tongue then he should at least condemn it in his heart. This is the weakest degree of faith" (Muslim). This obligation of inviting people to righteousness and forbidding them to adopt the paths of evil is incumbent on all true Muslims. If any government deprives its citizens of this right, and prevents them from performing this duty, then it is in direct conflict with the injunction of God. The government is not in conflict with its people, but is in conflict with God. In this way it is at war with God and is trying to usurp that right of its people which God has conferred not only as a right but also as an obligation. As far as the government which itself propagates evil, wickedness and obscenity and interferes with those who are inviting people to virtue and righteousness is concerned, according to the Holy Qur’án it is the government of the hypocrites.

7. Freedom of Association

Islam has also given people the right to freedom of association and formation of parties or organizations. This right is also subject to certain general rules. It should be exercised for propagating virtue and righteousness and should never be used for spreading evil and mischief. We have not only been given this right for spreading righteousness and virtue, but have been ordered to exercise this right. Addressing the Muslims, the Holy Qur’án declares:

You are the best community which has been brought forth for mankind. You command what is proper and forbid what is improper and you believe in God ... [3:110]

This means that it is the obligation and duty of the entire Muslim community that it should invite and enjoin people to righteousness and virtue and forbid them from doing evil. If the entire Muslim community is not able to perform this duty then "let there be a community among you who will invite (people) to (do) good, command what is proper and forbid what is improper, those will be prosperous" [3:104]. This clearly indicates that if the entire Muslim nation collectively begins to neglect its obligation to invite people to goodness and forbid them from doing evil then it is absolutely essential that it should contain at least a group of people which may perform this obligation. As has been said before this is not only a right but an obligation and on the fulfillment of which depends success and prosperity here as well as in the Hereafter. It is an irony with the religion of God that in a Muslim country the assembly and association that is formed for the purposes of spreading evil and mischief should have the right to rule over the country and the association and party which has been formed for propagating righteous- ness and virtue should live in perpetual fear of harassment and of being declared illegal. Conditions here are just the reverse of what has been prescribed by God. The claim is that we are Muslims and this is an Islamic State but the work that is being done is directed to spreading evil, to corrupt and morally degrade and debase the people while there is an active and effective check on the work being carried out for reforming society and inviting people to righteousness. Moreover the life of those who are engaged in spreading righteousness and checking the spread of evil and wickedness is made intolerable and hard to bear.

8. Freedom of Conscience and Conviction

Islam also gives the right to freedom of conscience and conviction to its citizens in an Islamic State. The Holy Qur’án has laid down the injunction: "There should be no coercion in the matter of faith" [2:256]. Though there is no truth and virtue greater than the religion of Truth-Islam, and Muslims are enjoined to invite people to embrace Islam and advance arguments in favor of it, they are not asked to enforce this faith on them. No force will be applied in order to compel them to accept Islam. Whoever accepts it he does so by his own choice. Muslims will welcome such a convert to Islam with open arms and admit him to their community with equal rights and privileges. But if somebody does not accept Islam, Muslims will have to recognize and respect his decision, and no moral, social or political pressure will be put on him to change his mind.

9. Protection of Religious Sentiments

Along with the freedom of conviction and freedom of conscience, Islam has given the right to the individual that his religious sentiments will be given due respect and nothing will be said or done which may encroach upon this right. It has been ordained by God in the Holy Qur’án: "Do not abuse those they appeal to instead of God" [6:108]. These instructions are not only limited to idols and deities, but they also apply to the leaders or national heroes of the people. If a group of people holds a conviction which according to you is wrong, and holds certain persons in high esteem which according to you is not deserved by them, then it will not be justified in Islam that you use abusive language for them and thus injure their feelings. Islam does not prohibit people from holding debate and discussion on religious matters, but it wants that these discussions should be conducted in decency. "Do not argue with the people of the Book unless it is in the politest manner" [29:46]. This order is not merely limited to the people of the Scriptures, but applies with equal force to those following other faiths.

10. Protection from Arbitrary Imprisonment

Islam also recognizes the right of the individual that he will not be arrested or imprisoned for the offences of others. The Holy Qur’án has laid down this principle clearly: "No bearer of burdens shall be made to bear the burden of another" [6:164]. Islam believes in personal responsibility. We ourselves are responsible for our acts, and the consequence of our actions cannot be transferred to someone else. In other words this means that every man is responsible for his actions. If another man has not shared this action then he cannot be held responsible for it, nor can he be arrested. It is a matter of great regret and shame that we are seeing this just and equitable principle which has not been framed by any human being, but by the Creator and Nourisher of the entire universe, being flouted and violated before our eyes. So much so that a man is guilty of a crime or he is a suspect, but his wife being arrested for his crime. Things have gone so far that innocent people are being punished for the crimes of others. To give a recent example, in Karachi (Pakistan), a man was suspected of being involved in a bomb throwing incident. In the course of police investigation he was subjected to horrible torture in order to extract a confession from him. When he insisted on his innocence, then the police arrested his mother, his wife, daughter and sister and brought them to the police station. They were all stripped naked in his presence and he was stripped naked of all his clothes before their eyes so that a confession of the crime could be extracted from him. It appears as if for the sake of investigation of crime it has become proper and legal in our country to strip the innocent women folk of the household in order to bring pressure on the suspect. This is indeed very outrageous and shameful. This is the height of meanness and depravity. This is not a mere hearsay which I am repeating here, but I have full information about this case and can prove my allegations in any court of law. I would here like to ask what right such tyrants who perpetrate these crimes against mankind have to tell us that they are Muslims or that they are conducting the affairs of the state according to the teachings of Islam and their state is an Islamic State; they are breaching and flouting a clear law of the Holy Qur’án. They are stripping men and women naked which is strictly forbidden in Islam. They disgrace and humiliate humanity and then they claim that they are Muslims.

11. The Right to Basic Necessities of Life

Islam has recognized the right of the needy people that help and assistance will be provided for them. "And in their wealth there is acknowledged right for the needy and the destitute" [51:19]. In this verse, the Qur’án has not only conferred a right on every man who asks for assistance in the wealth of the Muslims, but has also laid down that if a Muslim comes to know that a certain man is without the basic necessities of life, then irrespective of the fact whether he asks for assistance or not, it is his duty to reach him and give all the help that he can extend. For this purpose Islam has not depended only on the help and charity that is given voluntarily, but has made compulsory charity, Zakat as the third pillar of Islam, next only to profession of faith and worship of God through holding regular prayers. The Prophet has clearly instructed in this respect that: "It will be taken from their rich and given to those in the community in need" (al-Bukhari and Muslim). In addition to this, it has also been declared that the Islamic State should support those who have nobody to support them. The Prophet has said: "The Head of state is the guardian of him, who has nobody to support him" (AD, al-Tirmidhi). The word wali which has been used by the Prophet is a very comprehensive word and has a wide range of meanings. If there is an orphan or an aged man, if there is a crippled or unemployed person, if one is invalid or poor and has no one else to support him or help him, then it is the duty and the responsibility of the state to support and assist him. If a dead man has no guardian or heir, then it is the duty of the state to arrange for his proper burial. In short the state has been entrusted with the duty and responsibility of looking after all those who need help and assistance. A truly Islamic State is therefore a truly welfare state which will be the guardian and protector of all those in need.

12. Equality before Law

Islam gives its citizens the right to absolute and complete equality in the eyes of the law. As far as the Muslims are concerned, there are clear instructions in the Holy Qur’án and Hadíth that in their rights and obligations they are all equal: "The believers are brothers (to each other)" [49:10]. "If they (disbelievers) repent and keep up prayer and pay the poor-due, they are your brothers in faith" [9:11]. The Prophet has said that: "The life and blood of Muslims are equally precious" (AD; Ibn Majah). In another Hadíth he has said: "The protection given by all Muslims is equal. Even an ordinary man of them can grant protection to any man" (al-Bukhari; Sahih Muslim; AD). In another more detailed Tradition of the Prophet, it has been said that those who accept the Oneness of God, believe in the Prophet- hood of His Messenger, give up primitive prejudices and join the Muslim community and brotherhood, "then they have the same rights and obligations as other Muslims have" (al-Bukhari; al-Nasa'i). Thus there is absolute equality between the new converts to Islam and the old followers of the faith.

This religious brotherhood and the uniformity of their rights and obligations is the foundation of equality in Islamic society, in which the rights and obligations of any person are neither greater nor lesser in any way than the rights and obligations of other people. As far as the non- Muslim citizens of the Islamic State are concerned, the rule of Islamic Sharí`ah (law) about them has been very well expressed by the Caliph `Ali in these words: "They have accepted our protection only because their lives may be like our lives and their properties like our properties" (AD). In other words, their (of the dhimmis) lives and properties are as sacred as the lives and properties of the Muslims. Discrimination of people into different classes was one of the greatest crimes that, according to the Qur’án, Pharaoh used to indulge in: "He had divided his people into different classes," ... "And he suppressed one group of them (at the cost of others)" [28:4].

13. Rulers Not Above the Law

Islam clearly insists and demands that all officials of the Islamic State, whether he be the head or an ordinary employee, are equal in the eyes of the law. None of them is above the law or can claim immunity. Even an ordinary citizen in Islam has the right to put forward a claim or file a legal complaint against the highest executive of the country. The Caliph `Umar said, "I have myself seen the Prophet, may God's blessings be on him, taking revenge against himself (penalizing himself for some shortcoming or failing)." On the occasion of the Battle of Badr, when the Prophet was straightening the rows of the Muslim army he hit the belly of a soldier in an attempt to push him back in line. The soldier complained "O Prophet, you have hurt me with your stick." The Prophet immediately bared his belly and said: "I am very sorry, you can revenge by doing the same to me." The soldier came forward and kissed the abdomen of the Prophet and said that this was all that he wanted.

A woman belonging to a high and noble family was arrested in connection with a theft. The case was brought to the Prophet, and it was recommended that she may be spared the punishment of theft. The Prophet replied: "The nations that lived before you were destroyed by God because they punished the common men for their offences and let their dignitaries go unpunished for their crimes; I swear by Him (God) who holds my life in His hand that even if Fatimah, the daughter of Muhammad, has committed this crime then I would have amputated her hand." During the caliphate of `Umar, Muhammad the son of 'Amr Ibn al-'As the Governor of Egypt, whipped an Egyptian. The Egyptian went to Medina and lodged his complaint with the Righteous Caliph, who immediately summoned the Governor and his son to Medina. When they appeared before him in Medina, the Caliph handed a whip to the Egyptian complainant and asked him to whip the son of the Governor in his presence. After taking his revenge when the Egyptian was about to hand over the whip to `Umar, he said to the Egyptian: "Give one stroke of the whip to the Honorable Governor as well. His son would certainly have not beaten you were it not for the false pride that he had in his father's high office." The plaintiff submitted: "The person who had beaten me, I have already avenged myself on him." `Umar said: "By God, if you had beaten him (the Governor) I would not have checked you from doing so. You have spared him of your own free will." Then he (`Umar) angrily turned to 'Amr Ibn al-'As and said: "O 'Amr, when did you start to enslave the people, though they were born free of their mothers?" When the Islamic State was flourishing in its pristine glory and splendor, the common people could equally lodge complaints against the caliph of the time in the court and the caliph had to appear before the qadi to answer the charges. If the caliph had any complaint against any citizen, he could not use his administrative powers and authority to set the matter right, but had to refer the case to the court of law for proper adjudication.

14. The Right to Avoid Sin

Islam also confers this right on every citizen that he will not be ordered to commit a sin, a crime or an offence; and if any government, or the administrator, or the head of department orders an individual to do a wrong, then he has the right to refuse to comply with the order. His refusal to carry out such crime or unjust instructions would not be regarded as an offence in the eyes of the Islamic law. On the contrary giving orders to one's subordinates to commit a sin or do a wrong is itself an offence and such a serious offence that the officer who gives this sinful order whatever his rank and position may be, is liable to be summarily dismissed. These clear instructions of the Prophet are summarized in the following Hadíth: "It is not permissible to disobey God in obedience to the orders of any human being" (Musnad of Ibn Hanbal). In other words, no one has the right to order his subordinates to do anything against the laws of God. If such an order is given, the subordinate has the right to ignore it or openly refuse to carry out such instructions. According to this rule no offender will be able to prove his innocence or escape punishment by saying that this offence was committed on the orders of the government or superior officers. If such a situation arises then the person who commits the offence and the person who orders that such an offence be committed, will both be liable to face criminal proceedings against them. If an officer takes any improper and unjust measures against a subordinate who refuses to carry out illegal orders, then the subordinate has the right to go to the court of law for the protection of his rights, and he can demand that the officer be punished for his wrong or unjust orders.

15. The Right to Participate in the Affairs of State

According to Islam, governments in this world are actually representatives (khulafa') of the Creator of the universe, and this responsibility is not entrusted to any individual or family or a particular class or group of people but to the entire Muslim nation. The Holy Qur’án says: "God has promised to appoint those of you who believe and do good deeds as (His) representatives on earth" [24:55]. This clearly indicates that khilafah is a collective gift of God in which the right of every individual Muslim is neither more nor less than the right of any other person. The correct method recommended by the Holy Qur’án for running the affairs of the state is as follows: "And their business is (conducted) through consultation among themselves" [42:38]. According to this principle it is the right of every Muslim that either he should have a direct say in the affairs of the state or a representative chosen by him and other Muslims should participate in the consultation of the state. Islam, under no circumstance, permits or tolerates that an individual or a group or party of individuals may deprive the common Muslims of their rights, and usurp powers of the state. Similarly, Islam does not regard it right and proper that an individual may put up a false show of setting up a legislative assembly and by means of underhand tactics such as fraud, persecution, bribery, etc., gets himself and men of his choice elected in the assembly. This is not only a treachery against the people whose rights are usurped by illegal and unfair means, but against the Creator Who has entrusted the Muslims to rule on this earth on His behalf, and has prescribed the procedure of an assembly for exercising these powers. The shura or the legislative assembly has no other meaning except that:

1. The executive head of the government and the members of the assembly should be elected by free and independent choice of the people.

2. The people and their representatives should have the right to criticize and freely express their opinions.

3. The real conditions of the country should be brought before the people without suppressing any fact so that they may be able to form their opinion about whether the government is working properly or not.

4. There should be adequate guarantee that only those people who have the support of the masses should rule over the country and those who fail to win this support should be removed from their position of authority.

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RIGHTS OF ENEMIES AT WAR

After dealing with the rights of the citizens of an Islamic State, I would like to briefly discuss the rights which Islam has conferred on its enemies. In the days when Islam came into focus the world was completely unaware of the concept of humane and decent rules of war. The West became conscious of this concept for the first time through the works of the seventeenth century thinker, Grotius. But the actual codification of the 'international law' in war began in the middle of the nineteenth century. Prior to this no concept of civilized behavior in war was found in the West. All forms of barbarity and savagery were perpetrated in war, and the rights of those at war were not even recognized, let alone respected. The laws which were framed in this field during the nineteenth century or over the following period up to the present day, cannot be called 'laws' in the real sense of the word. They are only in the nature of conventions and agreements and calling them 'international law' is actually a kind of misnomer, because no nation regards them binding when they are at war, unless, of course, when the adversaries also agree to abide by them. In other words, these civilized laws imply that if our enemies respect them then we shall also abide by them, and if they ignore these human conventions and take recourse to barbaric and cruel ways of waging war, then we shall also adopt the same or similar techniques. It is obvious that such a course which depends on mutual acceptance and agreement cannot be called 'law'. This is the reason why the provisions of this so-called 'inter- national law' have been flouted and ignored in every way, and every time they have been revised, additions or deletions have been made in them. Law of War and Peace in Islam:

The rules which have been framed by Islam to make war civilized and humane, are in the nature of law, because they are the injunctions of God and His Prophet which are followed by Muslims in all circum- stances, irrespective of the behavior of the enemy. It is now for the scholars to find out how far the West has availed of the laws of war given by Islam thirteen hundred years ago; and even after the adaptation of some of the laws of Islam how far the West attained those heights of civilized and humane methods of warfare which Muslims reached through the blessings of Islam. Western writers have often asserted that the Prophet had borrowed everything in his teachings from the Jews and the Christians. Instead of saying anything in its refutation I will only recommend the reader to refer to the Bible so that he can see which methods of war are recommended by the sacred Book of these Western claimants to civilization and culture.

We have examined in some detail the basic human rights that Islam has conferred on man. Let us now find out what rights and obligations Islam recognizes for an enemy.

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The Rights of the Non-Combatants

Islam has first drawn a clear line of distinction between the combatants and the non-combatants of the enemy country. As far as the non-combatant population is concerned such as women, children, the old and the infirm, etc., the instructions of the Prophet are as follows: "Do not kill any old person, any child or any woman" (AD). "Do not kill the monks in monasteries" or "Do not kill the people who are sitting in places of worship" (Musnad of Ibn Hanbal).

During a war, the Prophet saw the corpse of a woman lying on the ground and observed: "She was not fighting. How then she came to be killed?" From this statement of the Prophet the exegetes and jurists have drawn the principle that those who are non-combatants should not be killed during or after the war.

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The Rights of the Combatants

Now let us see what rights Islam has conferred on the combatants.

1. Torture with Fire

In the Hadíth there is a saying of the Prophet that: "Punishment by fire does not behoove anyone except the Master of the Fire" (AD). The injunction deduced from this saying is that the adversary should not be burnt alive.

2. Protection of the Wounded

"Do not attack a wounded person"-thus said the Prophet. This means that the wounded soldiers who are not fit to fight, nor actually fighting, should not be attacked.

3. The Prisoner of War should not be Slain

"No prisoner should be put to the sword"-a very clear and unequivocal instruction given by the Prophet (S).

4. No one should be tied to be killed

"The Prophet has prohibited the killing of anyone who is tied or is in captivity."

5. No Looting and Destruction in the Enemy's Country

Muslims have also been instructed by the Prophet that if they should enter the enemy's territory, they should not indulge in pillage or plunder nor destroy the residential areas, nor touch the property of anyone except those who are fighting with them. It has been narrated in the Hadíth: "The Prophet has prohibited the believers from loot and plunder" (al-Bukhari; AD). His injunction is: "The loot is no more lawful than the carrion" (AD). Abu Bakr al-Siddiq used to instruct the soldiers while sending them to war, "Do not destroy the villages and towns, do not spoil the cultivated fields and gardens, and do not slaughter the cattle." The booty of war which is acquired from the battleground is altogether different from this. It consists of the wealth, provisions and equipment captured only from the camps and military headquarters of the combatant armies.

6. Sanctity of Property

The Muslims have also been prohibited from taking anything from the general public of a conquered country without paying for it. If in a war the Muslim army occupies an area of the enemy country, and is encamped there, it does not have the right to use the things belonging to the people without their consent. If they need anything, they should purchase it from the local population or should obtain permission from the owners. Abu Bakr al-Siddiq, while instructing the Muslim armies being dispatched to the battlefront would go to the extent of saying that Muslim soldiers should not even use the milk of cattle without the permission of their owners.

7. Sanctity of a Dead Body

Islam has categorically prohibited its followers from disgracing or mutilating the corpses of their enemies as was practiced in Arabia before the advent of Islam. It has been said in the Hadíth: "The Prophet has prohibited us from mutilating the corpses of the enemies" (al- Bukhari; AD). The occasion on which this order was given is highly instructive. In the Battle of Uhud the disbelievers mutilated the bodies of the Muslims, who had fallen on the battlefield and sacrificed their lives for the sake of Islam, by cutting off their ears and noses, and threading them together to put round their necks as trophies of war. The abdomen of Hamzah, the uncle of the Prophet, was ripped open by Quraysh, his liver was taken out and chewed by Hind, the wife of Abu Sufyán, the leader of the Meccan army. The Muslims were naturally enraged by this horrible sight. But the Prophet asked his followers not to mete out similar treatment to the dead bodies of the enemies. This great example of forbearance and restraint is sufficient to convince any reasonable man who is not blinded by prejudice or bias, that Islam is really the religion sent down by the Creator of the universe, and that if human emotions had any admission in Islam, then this horrible sight on the battlefield of Uhud would have provoked the Prophet to order his followers to mutilate the bodies of their enemy in the same manner.

8. Return of Corpses of the Enemy

In the Battle of Ahzab a very renowned and redoubtable warrior of the enemy was killed and his body fell down in the trench which the Muslims had dug for the defense of Medina. The unbelievers presented ten thousand dinars to the Prophet and requested that the dead body of their fallen warrior may be handed over to them. The Prophet replied "I do not sell dead bodies. You can take away the corpse of your fallen comrade."

9. Prohibition of Breach of Treaties

Islam has strictly prohibited treachery. One of the instructions that the Prophet used to give to the Muslim warriors while sending them to the battlefront was: "Do not be guilty of breach of faith." This order has been repeated in the Holy Qur’án and the Hadíth again and again, that if the enemy acts treacherously let him do so, you should never go back on your promise. There is a famous incident in the peace treaty of Hudaybiyyah, when after the settlement of the terms of the treaty, Abu Jandal, the son of the emissary of the unbelievers who had negotiated this treaty with the Muslims, came, fettered and blood-stained, rushing to the Muslim camp and crying for help. The Prophet told him "Since the terms of the treaty have been settled, we are not in a position to help you out. You should go back with your father. God will provide you with some other opportunity to escape this persecution." The entire Muslim army was deeply touched and grieved at the sad plight of Abu Jandal and many of them were moved to tears. But when the Prophet declared that "We cannot break the agreement", not even a single person came forward to help the unfortunate prisoner, so the unbelievers forcibly dragged him back to Mecca. This is an unparalleled example of the observance of the terms of agreement by the Muslims, and Islamic history can show many examples of a similar nature.

10. Rules about Declaration of War

It has been laid down in the Holy Qur’án: "If you apprehend breach of treaty from a people, then openly throw the treaty at their faces" [8:58]. In this verse, Muslims have been prohibited from opening hostilities against their enemies without properly declaring war against them, unless of course, the adversary has already started aggression against them. Otherwise the Qur’án has clearly given the injunction to Muslims that they should intimate to their enemies that no treaty exists between them, and they are at war with them. The present day 'inter- national law' has also laid down that hostilities should not be started without declaration of war, but since it is a man-made rule, they are free to violate it whenever it is convenient. On the other hand, the laws for Muslims have been framed by God, hence they cannot be violated.

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Conclusion

This is a brief sketch of those rights which fourteen hundred years ago Islam gave to man, to those who were at war with each other and to the citizens of its state, which every believer regards as sacred as law. On the one hand, it refreshes and strengthens our faith in Islam when we realize that even in this modern age which makes such loud claims of progress and enlightenment, the world has not been able to produce juster and more equitable laws than those given 1400 years ago. On the other hand it hurts one's feelings that Muslims are in possession of such a splendid and comprehensive system of law and yet they look forward for guidance to those leaders of the West who could not have dreamed of attaining those heights of truth and justice which was achieved a long time ago. Even more painful than this is the realization that throughout the world the rulers who claim to be Muslims have made disobedience to their God and the Prophet as the basis and foundation of their government. May God have mercy on them and give them the true guidance.

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Review and Analysis Questions

1 How does Shi`ite scholarship answer the charge that Islamic law and Islamic tradition created a second class citizen rank for women and religious minorities?

2 Do you see a discontinuity or continuity between the Qur’anic and Hadithic discourses and the opinions expressed in the opinions of Sunni and Shi`ite scholars of the 20^th century? Use example to support your case

3 Compare the Sunni and Shi`ite modern Islamic thought as presented in this collection in the area addressed by both tendencies. How do you explain the similarities or differences

4 Based on the opinions and reasoning presented above, do you foresee a change in Islamic law that will effect the status women, religious minorities, and communities of different culture? Provide examples and explanations

5 From the writings of Muttaheri and Mawdudi, can you comment on the reasoning process and how do Muslim scholars extract legal opinion?

6 What areas of human rights law remains needing improved understanding and implementation in the scheme presented by Muslim scholars?

7 Compare Muslim scholars reasoning with that of the 13^th century Western thinkers, especially Aquinas

8 By now, you should have developed a good understanding of concepts like sharí`ah, Ummah, rights, law and government, humanitarian law, treaties, conventions, etc… In a short paper, succinctly write a list of claims (a minimum of five (5)) wherein you charge the Muslim (Ummah) of violating what you see as fundamental human rights. Whatever your personal position might be; in this paper you could either argue for the guilt of the Muslim Ummah of violating certain human rights norms while listing the defenses presented by Muslims, or defend these charges (after you articulate them showing some familiarity with these claims) using your own reasoning or some of the defenses you read for this course. In either case, you must show familiarity with both sides’ claims and counterclaim and reference you assertions. You must also define some of the key terms you use throughout your paper. As the Muslim world consists of various nation states with different political and legal systems, you will address the grievances to the Ummah as an imaginary entity embodying the ideals and legal and political systems expressed in mainstream Islam (consider the common features among the major schools of thought).

9 There is the view that argues that, for Human Rights values to be upheld and respected, there must be a balance of power, short of that, the party feeling threatened and dominated by the “powerful” would react in manners that violate human rights norms. This means that the Human rights claims are ultimately the responsibility of the Governing authority and not necessarily any given community. The counter arguments contends that, Human rights norms are nurtured; hence, they are the responsibility of the community to integrate these values in educational system, and that would lead to honoring these norms, regardless of how the governing authority feels about these norms. In other words, while the first argument contends that human rights protection and implementation ought to be done top-down; the second opinion argues for a bottom-up approach. Elaborate on these two positions and argue your own position on this matter. You may side with one of the above opinions or propose your own.

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CONCLUSION

Power, Authority, Morality & the Rule of Law

The very fact that we have unearthed serious commitment to human rights in documents and traditions that are more than a thousand years old is indicative in itself of the universality of human rights values. Those who tried to cast human rights norms in relative terms; hence, undermining the extraordinary achievements of those who struggled and risked everything for internationalizing human rights would need more evidence to dislodge this reality. Notwithstanding this proven and documented universalism, human rights violations are so common even in this day and age; raising serious skepticism regarding the enforceability and effectiveness of humanitarian law. There is the growing perception that human rights rhetoric is simply what it is: rhetoric. In the following parapgraphs, I would like to attempt to present two propositions in an attempt to explain the discrepancy between the universality in rhetoric and the incompetence in practice in regards to human rights law. The first proposition is regarding the appraisal of human rights in the international law context, the second is respecting the specifics of the Islamic culture that are inductive or non-inductive, as the case may be, to honoring human rights law.

As we have demonstrated in the previous section of this reader, there are ample documents that enunciate and codify rules that are intended to protect human rights and human dignity. In fact, I would argue that it is because of the over-abundance of the declarations and treaties enumerating what human rights are, that serious human rights violations go unpunished. With every legitimate human rights claim, we have packaged dozens and dozens of other claims that we pulled out of a wish list but are hard to realize. In a sense, human rights activists and some governments’ agencies have diluted what I would call inviolable fundamental human rights by mixing them with rights that may infringe on the rights of the larger community, were they to be granted immediately. As I have mentioned in the opening section, every time I ask students about what they would consider a basic human right, they will go down their personal “wish list” and announce with conviction that such-and-such is what ought to be deemed a basic right on whose granting can be no compromise. Unfortunately, the list contained in the UDHR was composed using the same strategy: representative of nations states lobbying hard for what they see as basic human right. The end result is an amalgam of values that were in conflict with one another in some instances. However, states would refuse to sign a declaration unless there concerns are addressed by an entry into this magnificent “declaration” that became diluted and rendered insignificant by the compromises forced by the largest bureaucracy in the world. State representatives who did not manage to get their point of view incorporated therein, would return home apathetically carrying a document that will begin to collect dust.

In the meantime, there are thousands of people around the world who are losing their lives in brutal ethnic cleansing, politically motivated executions, and unprovoked unjust wars. Thousands more people are under brutal occupation and many more are prisoners of conscience. Moreover, millions more individuals are without freedom of thought. Yet the world does not react with any urgency. In another instance, the world may launch a war against a regime under the pretext of violating labor laws or to depose of a socialist regime that stands in the way of “private ownership of properties” or that bars capitalists’ investment. Most recently, the so-called non-democratic states were put on notice that if they do not “democratize”, whatever that may mean, then they will risk military action that will remove the regime from power even if that will endanger the safety, security, and life of the indigenous unarmed people.

The selective understanding of human rights that must be protected in a huge pool of edicts and the lack of respect for human life regardless of the national and ethnic differences are seriously undermining the entire concept of universality of human rights. The moral and judicial indifference to the inhumane use of atomic weapons to wipe out the cities of Nagasaki and Hiroshima in 1945 killing and wounding more than one million civilians and destroying almost every living being on the surface is appalling. Even if the “prophecies” that such an act was necessary to save millions cannot and does not justify the use of indiscriminate weapons. The real respect and adherence to fundamental values must manifest itself during the trying times. In fact, it is for these times of war and challenge to the collective security and safely that such rules were designed. After all, Human rights violations are hardly committed in times of prosperity and peace. No community can take credit for championing human rights unless this community respects and upholds these values in the most challenging times.

Subsequently, the paradigm, where rights are either diluted in a sea of claims or where the enforcement is selective, that is causing a great degree of cynicism and apathy rendering the entire system a mere intellectual exercise. As a remedy, I propose an overhaul of the human rights scheme. There ought to be a class of primary rights and secondary rights. The primary rights would consist of those rights that are indeed inviolable and that demand immediate and forceful action from the world community whenever and wherever a violation occurs. These primary rights are: Right to Life, Right to Liberty, and Right to Freedom of Thought. Clearly, the right to life cannot require a justification and I do not know of any community that does not value life. As to the other two primary rights, it is evident that if any of those two were to be taken away from someone one cares so much about, that someone would be willing to give his own life in order for that loved-one to regain it. For example, few mothers or fathers would hesitate to give their lives in order to free a son who is unjustly imprisoned for life for believing in something. It should be clear also, that freedom of thought that I consider to be a primary right is different from the freedom of practice. There are instances where freedom of practice of one’s belief can be curbed, thus, rendering it a violable. For example, one ought to have the right to believe that people ought to walk in the streets naked, but one does not have the right to practice that belief unchecked as it does infringe on the rights of others. The Right to Freedom of Thought on the other hand is absolute. Secondary rights are all rights that are essential but an ordinary normal person will not be willing to give his life in order to help his loved-one achieve it. For instance, the government may prohibit a citizen from owning a property; it is unconceivable, under normal circumstances, that someone will give his own life so that a loved-one owns a nice house or a huge farm.

Human rights will be better served by a new thinking that is progressive and free from ideological commitments. Clearly, human rights activists have fallen in the trap of making human rights causes into an ideology: the materials in the declarations and covenants are in the minds of many activists a creed. By setting the terms of these treaties as rigid standards, great many people have been marginalized. Surely the upholding of the humanitarian law amounts to promoting the rule of international law, but one must remember that the first generation of human rights pioneers had to break many national and international laws in order to break through and launch the human rights campaigns. Human rights are rooted in the moral discourse, and demoting it to the bare skeleton of the international law may do more harm than good.

The second major proposition is concerning the state of human rights in the Muslim world; from the materials introduced thus far, we are left with two important questions: why is Islam perceived as resistant to the adoption of some of the human rights principles, and why should we expect Islam to conform to the modern paradigms of human rights given that it is a private discourse, let alone an ancient one?

One of the simple and obvious answers is that Islam is a religion, and religious traditions are generally immune to change; and in case a change is forced, a new tradition is born rather than the old one being reformed. If we are to accept this view, the answer to the second question becomes a moot matter. However, it may be the case that Islam could, Islam should, and Islam would change in order to survive just like it survived for fourteen hundred years before that. If that is the case, we must provide an explanation for the failure of other religious discourses where we expect Islam to succeed, and why is Islam in any case, so hard to sideline and marginalize in this debate on human rights.

Human rights controls are needed to curb violence and abuse. The abuse and violence are perpetrated by state agencies, by groups, and even by individuals. This violence and abuse amount to human rights violations when they are carried out in a systematic way and in a coercive manner. Human rights activism is not intended to make people “happier” or “richer”. It is intended to end institutionalized violence against individuals and communities. In all the cases involving human rights matters, the notion of identity is always at play. Identity is either the cause or the purpose. Sometimes, states carry out violence in order to protect its “identity” as a nation. In other times, Individuals and peoples are victimized because of who they are. The UDHR recognized this reality and thus tried to formulate a definition within the line of rights to a “nationality.”

What we wish to underscore here is that the formulation of human rights must be done with sound understanding of the elements that make the identity of a state that we are asking to conform to human rights norms. For instance, there must be an understanding that, while the US for example, never considered a particular religious denomination as the collective (and official) identity of the state, the Muslim world on the other hand, has never considered religion to be outside the collective identity of the Ummah. This fundamental difference makes the process of implementing human rights laws unique for each. For fourteen hundred years, Islam formed the official and the practical state religion and national identity. To attempt to force a formulation of human rights norms outside the religious discourse is more restricting than effective. It is more practical to integrate human rights within the value system that Muslims hold than to seek alternative venues. Clearly, there have been emerging nationalities that were not determined by blood and territory,[10] and the very nature of such nationalities dictate the terms of citizenship. In the US, nationality has been determined more by the common values to which we subscribed than to the religion to which we belong. I am not so sure this is the case with every other community and every other nation.

Undoubtedly, the human rights discourse is in the final analysis, a moral one. When we call for the respect of the human lives and dignity anywhere in the world, we are in fact appealing to the sense of morality and fairness. However, the universality of these sentiments has been challenged times and again, and establishing a common ground for all has proven to be a very elusive goal. The sense of morality and ethics in the Western world has been shaped by various social, economic and political institutions. For whatever reason, Westerners have come to the conclusion that human rights values can be protected only in a democratic discourse where religion is only one of the institutional actors. Its role was either curtailed or marginalized.

For the Muslim world, it is insisted that the accommodation of human rights ought to be within the framework of religion not without. There are not that many options: either religion is declared the antidote of human rights; hence, working out a formulation of human rights principles in the secular discourse; or promote the human rights principles within the religious discourse. While the first approach may seem simplistic and practical given its success elsewhere; the latter option, notwithstanding its complexity, presents itself as the one favored by Muslims regardless of their denominational inclinations.

Currently, however, none of the approaches has led to the fulfillment and realization of the world’s expectations in regards to the normalization and implementation of protective and remedial mechanism in the area of human rights law. While the secular governments, despite their declared commitment to human rights principles, had to be selective in choosing whose rights they should protect; the religious establishment continued to press on with their own vision of a model for human rights. What is so obvious however, is the fact that there appears to be no hope for full integration of the universal declarations on human rights without the full participation of the mosque. The West cannot, and should not, simply continue supporting governments who have no popular mandate. Similarly, subscribers to the religious vision must be truly innovative in the area of rethinking Islamic law. It is beyond reason, that today, not a single Arab state is governed by a true representative government. The attempt of democratization of Algeria in the early nineties that almost brought the religious right to power made it hard for other Arab states to implement any real and true freedom. Subsequently, the Western world ceased to demand that Arab dictators and monarchs act on the human rights front fearing the rise of the Islamicists to power.

It would appear that Islam in particular has strong hold not only on the religious life of Muslims, but also on the political side of it. It is necessary that we understand the causes of that rather than keep taking shots in the dark. In the case of the Muslim world, the fact that the secular had been the subordinate of the religious authority for nearly one thousand four hundred years must have contributed to the augmented role of religion in the political life of Muslims. Why this dominance of religion is entirely a different question. We propose to explain it by the role of ritual in establishing authority.

Religious communities are initially governed by human authority sanctioned by the power of the gods. In Islam, the Prophet Mohammed signified that authority. Upon his demise, that authority was transformed into power. Power in the social sense is directly proportional to the degree of ritualization of the public. In other words, while authority can be acquired through divine inspiration or mundane learning, power on the other hand, can only be earned through the process of ritualization. In a sense, there is a dynamic equilibrium between two quantities of an equation made out of Power (P) and Ritual (R); wherein R is also dependant on a number of variables. Here is the equation involving Power & Ritual:

P = R(n+f+s)

R depends on:

n: number of rites (In Islam for instance, there are five…)

f: frequency or occurrences of the rite

s: specificity of the ritual, the more uniform the ritual the greater the specificity hence the value of the ritual.

If we were to examine the Islamic world, we will find that the Islamic society is one of the most ritualized in the world, if not the most. The process of ritualization does not only cover the practicing Muslims, but in fact it indirectly extends to those individuals and communities who do not subscribe to the faith but are ruled by an Islamic state. It is because of this that the Islamic community seems to be very resistant to change. In order to make the case for this intra and extra community ritualization, we wish to examine some of these processes of ritualization.

Yearly Rituals:

Every year, Muslims who are financially and physically able participate in an international “convention” known as Hajj. This seemingly religious rite would appear to be a simple enactment of an old myth. However, since the establishment the Islamic Republic in Iran, another facet of it has come to light. Many from the Sunni world have dismissed political preaching during the Hajj season as an innovation that has nothing to do with Islam. However, an examination of the kind of speeches the Prophet had delivered during these events would show that he himself had mixed religious and worldly affairs on this occasion. There is no historical evidence that would clear Islam from politics being practiced during the pilgrimage season. The events and incidents of Hajj range from the most mythical to the very political and mundane. Although this event is mandatory upon able Muslims and should be performed only once in one’s lifetime; there is no prohibitive prescription that would forbid regular participation.

Another yearly event that is carried by able Muslims is the fasting of the entire month of Ramadan. For about thirty days, Muslims around the world would lead a synchronized life; they will establish a collective rhythm regardless of where they are. Besides the immediate effects of undertaking such practice on the individuals, the entire society also would adjust its routine for the fasting season. In a sense, everyone living in a predominantly Muslim community will be effected by this new cycle of life. It is a powerful restatement of personal and collective identity and allegiances that no one can escape. By the conclusion of the month of fasting, various celebrational feasts would take place where everyone—Muslims and non-Muslims—would participate. Similarly, the Sacrifice Festival about two months later is also another opportunity for creating a collective identity and rooting it in the common Semitic culture of ritual.

In this class of rituals, we could include all other ceremonial activities associated with marriage, divorce, death, and many other local or regional ceremonies associated with places and times like seasonal celebrations, regular visits to religious figures tombs, alms and charitable donations etc…

Weekly Rituals:

In the Muslim world and the countries where exist Muslim minorities, communal Friday prayers are held in every mosque. This activity also combines the simple ritual of prayers and public preaching. Depending on the denominational orientation of the congregation, the topics discussed every week vary from mere re-statements of older sermons, to impromptu discussions of current events. Whatever the case may be, Friday is indeed another day during which Muslims will abandon all worldly affair to gather in the place of worship and reaffirm their collective identity and form their response to the local and international challenges facing them.

On Thursday and Friday nights, less informal and less structured sessions of learning and prayers are organized in order to renew one’s faith and one’s commitment to religious and communal obligations. It is in these “circles” of learning that people form their political, philosophical, and social identity.

Daily Rituals:

It is on this level that the religious discourse becomes more and more private. The daily rituals are what give the individual his real identity; yet it is the daily ritual that creates the strongest collective bond. Every day, the practicing Muslim would start his day by performing the morning prayers. Before one engages in his daily mundane routine, he or she must reaffirm his or her identity and reestablish his covenant with God in the calmness of the dawn. In the middle of the day, Muslims will stop their worldly affairs again to remind themselves of God and others during a noon prayers. Then they will do the same before and after sunset, and conclude their day by the night prayers before going to bed. They go to sleep knowing quite well that they will do it all over again tomorrow.

Intra-day Rituals:

The above are just a sampler of the obligatory actions that Muslims are expected to perform on a yearly, weekly, and daily basis. Additionally, there are many other prerogative actions and “thoughts” that are performed by Muslims every minute of their awakening life. For many Muslims, no action can be performed before invoking special prayers. There are prescribed prayers and oral formularies for every task and every situation. Just like Westerners shake hands or give thumbs up during certain social settings; Muslims have established rituals for every event and every transaction.

Rituals extending to non-Muslims:

The religious clichés have been engraved in the social beings to the point that formularies are invoked even in non-religious settings and even by non-Muslims who grew up in a Muslim community. The power of ritual is a fact of life. Not only religious communities have used it, but also all social institutions rely on ritual to acquire and maintain authority and power.

I would argue that there exists no powerful institution or agency that did not make use of ritual. No authority will remain as powerful without the use of ritual. Ritual can be manifested in the reliance on myths, the engaging in rites, or the distinctive presentation; and many cases, institutions would rely on a combination of all three in order to maximize the obedience and submission of the subjects. In order to illustrate this contention, we can consider couple examples.

In the domain of politics, the executives throughout history have relied on set protocols, declared titles, and special garments in order to instill authority and declare and maintain their power. The crown is one of the best examples wherein a simple object symbolizes institutional coercion. The judicial branch equally relies on these features. The judge’s robe, the title on his nameplate, the standing welcome are essential protocols that uphold his power and authority. One final example from the American culture is the role of uniforms. Not only military and police forces rely on the uniform to declare their legitimized coercive role, but also even sports employed that tool in order to maintain its hold on the fans. From a logical perspective, I cannot understand the basis for the continuous use of otherwise ridiculous baseball uniform that is clearly outdated; however the symbolism of baseball as a powerful marker of the American culture propels a seemingly pajamas-like garment into legendary cloth that not only lifts the status of its wearers, but also honors anyone associated with this cultural phenomenon.

So when we are talking about social movements, we must identify the actors who could bring about change. Western paradigms award great authority to the written media and the mainstream institutions like universities and social clubs. That model may not necessarily be the same for Islamic world. The mosque and other religious institutions have always formed the most powerful identity forming mechanisms. If you were to live in a Muslim country, you do not have to attend a mosque or perform a prayer to be reminded where you are and who you are; the calls for prayers five times a day from every residential quarter will do the job. In the Muslim world, the secular and the religious are so intertwined that it is impossible to see the secular being growing without formulating a reaction to such collective identity. There is no other community in the world that has been subjected to the fusing of the divine and the mundane the way it has been done in the Muslim society for fifteen hundred years or so. It is conceivable that the West never fully understood that the “others” might in fact have a radically different worldview. In other words, while Westerners have come to terms with the separation of the church and the state; Muslims’ religious account can only allow for the secular to be sacralized and incorporated. I am skeptical that Western style media blitz can push the issues of human rights to the forefront of the debate, yet hopeful that the better value system for human rights issues will be addressed as long as the mosque remains engaged in this debate.

Power is created and maintained by way of ritual; and ritual is engraved by way of mythical and historical factors. The maintaining of such power will depend on the institutionalized ritual. Any ritual can be institutionalized by establishing a threshold of multiplicity, repetition, and specificity. The higher these parameters are, the more effective the ritual, the more power to those in the position of authority. I doubt that a process of de-ritualization is at all possible, but I think that the rationalization could allow for the incorporation of universal principles if they are truly universal. For human rights principles to be incorporated within the worldview of Muslims, these principles must be ritualized and incorporated with this elaborate system. Only then, I think would we be able to see a systematic and eternal acceptance and implementation.

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Bibliography

Amin, S.H. Middle East Legal Systems. 1985.

Anand, R.P. New States and International Law. 1972.

Anderson, J.N.D. Islamic Law in Africa. 1970.

An'Na'im, A.A. The Right to Reparation for Human Rights Violations and Islamic Culture(s). in Seminar on the Right to Restitution, Compensation and Rehabilitation for Victims of Gross Violations of Human Rights and Fundamental Freedoms 174 (SIM Special Pub. No. 12).

Butler, W.E. Comparative Law and International Law. in 10 Encyclopedia of Public International Law 495 (Bemhardt, R. (ed.), 1987).

Castafieda, J. The Underdeveloped Nations and the Development of International Law. (1961).

Dabin, J. Le Droit Subjectif. 1952.

Durry, G. Compensation for Personal Injury in France. in Compensation for Personal Injury in Sweden and other Countries. 1988.

El-Hakim, J. Le dommage de source delictuelle en droit musulman. 1964.

Elias, T.O. The Nigerian Legal System. 2nd ed. rev. 1963.

Gearty, C.A., (ed.). European Civil Liberties and the European Convention on Human Rights: A Comparative Study. 1997.

Ghebali, V.-Y. The International Labor Organization: A Case Study on the Evolution of U.N. Specialized Agencies. 1989.

Golsong, H., et al. (eds.). international Kommentar zur Europaischen Menschenrechtskomention. 1986.

Golsong, H., Das Rechtsschultzsystem der Europaischen Menschenrechtslwnventinon 1958.

Golsong, H.. Quelques rdflexions a propos du pouvoir de la Cour europ6enne des droits de l'homme d'accorder une satisfaction equitable. 1969.

Grabitz, Eberhard, ed. Kommentar zum Ewg-Vertrag. 1990.

Grossman, C. Disappearances in Honduras: The Need for Direct Victim Representation in Human Rights Litigation. 1992.

Guradze, H. Die Europaische Menschenrechtslwnvention. 1968.

Harris, D., O'Boyle, M. and Warbrick, A. Law of the European Convention on Human Rights. 1995.

Heukels, T. and McDonnell, A., (eds.). The Action for Damages in Community Law. 1997.

Higgins, R. Damages for Violation of One's Human Rights, in Explorations in Ethics and International Relations, Essays in Honour of Sydney D. Bailey. (Sims, N. (ed.), 1981).

Hondius, F.W. The Other Forum, in Protecting Human Rights: The European Dimension, Studies in Honour ofGerard J. Wirda (Matscher, F. and Petzhold, H. (eds.), 1988).

Imbert, P.-H., La reforme de la procedure devant les organes de controle de la Convention europienne des Droits de l'Homme: quelques observations prospectives. 1990.

Jacobs, F.G. The European Convention on Human Rights. 1975.

Juynboll, G. H. A. Studies on the Origins and Uses of Islamic Hadith. Brookfield, Vt.: Variorum, 1996.

Kafi, Muhammad Ibn Yusuf. Ihkam al-Ahkam `ala Tuhfat al-Hukkam. Bayrut: Dar al-Kutub al-`Ilmiyyah, 1994.

Kahn-Freund, Otto. Comparative Law As An Academic Subject. Oxford: Clarendon Press, 1965.

Kelly, P. J. Utilitarianism and Distributive Justice: Jeremy Bentham and the Civil Law. Oxford: Clarendon Press, 1990.

Khu'i, Abu al-Qasim Ibn `Ali Akbar. Bayan fi Tafsir al-Qur’an. New York: Oxford University Press, 1998.

Kirk, G. S. et al. Le Sacrifice dans L’antiquite. Geneve: Vandeuvres, 1980.

Kishki, Muhammad `Abd al-Rahim. al-Mirath al-Muqaran. Baghdad: Dar al-Nadhir li al-Tiba`ah wa al-Nashr, 1969.

Kniger, H.C. Selecting Judges for the New European Court of Human Rights. 17 HRLJ 401 (1996).

Knudten, Richard D. The Sociology Of Religion, An Anthology. New York: Appleton-Century-Crofts, 1967.

Konvitz, Milton Ridvas. Torah And Constitution: Essays In American Jewish Thought. Syracuse: Syracuse University Press, 1998.

Kulayní, Muhammad Ibn Ya`qub. al-Usul min al-Kafi. Tehran: Dar al-Kutub al-Islamiyyah, 1388-1391 [1968-1971].

Lapin, Hayim. Early Rabbinic Civil Law and the Social History of Roman Galilee: a Study of Mishnah. Atlanta: Scholars Press, 1995.

Lenski, Gerhard Emmanuel. The Religious Factor: A Sociological Study Of Religion's Impact On Politics, Economics, And Family Life. Westport: Greenwood Press, 1977.

Lentz, Tony M. Orality and literacy in Hellenic Greece. Carbondale: Southern Illinois University Press, c1989.

Lévi-Strauss, Claude. The Savage Mind. London: Weidenfeld and Nicolson, 1966.

Levy, Reuben. An Introduction To The Sociology Of Islam. London: Williams and Norgate, 1931.

Levy, Reuben. Sociology Of Islam. Vol. I-II. London: Williams & Norgate, 1931.

Locke, John. An Essay Concerning Human Understanding. Oxford: Clarendon Press, 1924.

Ludwikowski, Rett. The Beginning Of The Constitutional Era: A Bicentennial Comparative Analysis Of The First Modern Constitutions. Washington, D.C.: Catholic University of America Press, c1993.

Lynn & Moberg (ed.). Research In The Social Scientific Study Of Religion. Greenwich: JAI Press, 1989.

Mµnch, Richard. Sociological Theory. Chicago: Nelson-Hall Publishers, 1994.

Mahalli, Jalal al-Din Muhammad Ibn Ahmad. Tafsir al-Jalalayn, Kitab al-Jalalayn fi Tafsir al-Qur’an al-`Azim. Cairo: [1872 or 3].

Mackenzie, D. A. Myths of Babylonia and Assyria. London: The Gresham Publishing Co., YA.

Madkur, Muhammad Sallam. al-Islam Wa al-Usrah Wa al-Mujtama`. Cairo: Dar al-Nahdah al-`Arabiyyah, 1968.

Maghniyyah, Muhammad Jawad. al-Fusul al-Shar`iyyah `Ala Madhhab al-Shi`ah al-Imamiyyah. Bayrut: Dar al-Thaqafah, 1974.

Maghniyyah, Muhammad Jawwad. al-Fiqh `ala al-Madhahib al-Khamsah: al-Ja`fari, al-Hanafi, al-Maliki, al-Shafi`i, al-Hanbali. Bayrut: Dar al-`Ilm li al-Malayin, 1962.

Maghniyyah, Muhammad Jawwad. Fiqh al-Imam Ja`far al-Sadiq. Bayrut, Dar al-'Ilm li al-Malayin, 1965.

Mahmud, Sayyed Tahir. Hindu law. Allahabad: Law Book Co., 1981.

Martin, R. Approaches To Islam In Religious Studies. Tucson: The University of Arizona Press, 1985.

Maturidi, Muhammad Ibn Muhammad. Tafsir al-Maturidi al-Musamma Ta'wilat Ahl al-Sunnah. Cairo: Lajnat al-Qur’an wa-al-Sunnah, 1971.

McKenna, Marian C. The Canadian And American Constitutions In Comparative Perspective. Canada: University of Calgary Press, c1993.

Merryman, John Henry. The Civil Law Tradition: An Introduction to the Legal systems of Western Europe and Latin America. California: Stanford University Press, 1985.

Michaud, Francine. Un signe des temps: accroissement des crises familiales autour du patrimoine à Marseille à la fin du XIIIe siècle. Toronto: Pontifical Institute of Mediaeval Studies, 1994.

Mihrpur, Husayn. Barrasi-i miras-i zawjah dar huquq-i Islam va Iran: tahlil-i fiqhi va huquqi-i irs-i zan az dara'i-i shawhar. Tehran: Intisharat-i Ittila`at, 1368 [1989?].

Miller, Robert K. Jr. and McNamee, Stephen J. [editors). Inheritance And Wealth In America. New York: Plenum Press, c1998.

Mol, Hans. Identity And The Sacred: A Sketch For A New Social-Scientific Theory Of Religion. New York: Free Press, 1977.

Money-Kyrle, R. The Meaning of Sacrifice. London: Johnson Reprint Co. Ltd.: 1965.

Moors, Annelies. Women, Property, And Islam: Palestinian Experiences, 1920-1990. New York: Cambridge University Press, 1995.

Mubarakfuri, Muhammad `Abd al-Rahman Ibn `Abd al-Rahim. Tuhfat al-Ahwadhi bi-Sharh Jami` al-Tirmidhi. Cairo: Matba`at al-Madani, 1963-1967.

Mukhopadhyay, Maitrayee. Legally Dispossessed: Gender, Identity, And The Process Of Law. Calcutta: Bhatkal Books International, c1998.

Muranyi, Miklos. `Abd Allah b. Wahb. Wiesbaden: Harrassowitz, 1992.

Músá, `Abd al-Halim Mahmud. al-Fiqh al-Islami al-Muyassar fi al-`Aqa'id wa-al-`Ibadat wa-al-Mu`amalat `ala al-Madhahib al-Arba`ah. Cairo: Dar al-Fikr al-`Arabi, 1964.

Musa, Muhammad Yusuf. al-Tarikah wa al-Mirath Fi al-Islam. Egypt: Dar al-Kitab al-`Arabiyy, 1960.

Muslim Ibn al-Hajjaj al-Qushayri. Jami` al-Sahih. Cairo: Dar al-Hadith, 1994.

Naziri, Muhammad Ibn Ahmad. Jawharat al-Fara'id; Sharh Miftáh al-Fará'id. San`á': Maktabat al-Yaman al-Kubra, 1984.

Nadin, Mihai. The Civilization Of Illiteracy. Dreshden: Dreshden University Press, 1997.

Nagendra, S. P. The Concept of Ritual in Modern Sociological Theory. India: The Academic Journal of India, 1971.

Nasa'i, Ahmad Ibn Shu`ayb. Sunan al-Nasa'i. Egypt: Mustafa al-Babi al-Halabi, 1964.

Nasa'i, Ahmad Ibn Shu`ayb. Sunan al-Nasa'i. Egypt: Mustafa al-Babi al-Halabi, 1964.

Neusner, Jacob. Ancient Judaism And Modern Category Formation. Lanham, MD: University Press of America, c1986.

Newman, Edwin S. The Law of Civil Rights and Civil Liberties. New York, Oceana Publications, c1957.

Newman, William M. The Social Meanings Of Religion: An Integrated Anthology. Chicago: Rand McNally, 1974.

Ong, Walter J. Orality and Literacy. London: Methuen, 1982.

Otto, Rudolf. The idea of the Holly. London: Oxford University Press, 1952.

Pals, Daniel L. Seven Theories of Religion. New York: Oxford University Press, 1996.

Peletz, Michael G. A Share Of The Harvest: Kinship, Property, And Social History Among The Malays Of Rembau. Berkeley: University of California Press, c1988.

Peterson, Mark A. Korean Adoption And Inheritance: Case Studies In The Creation Of A Classic Confucian Society, Ithaca. New York: East Asia Program, Cornell University, 1996.

Pickering, W. S. F. Durkheim's Sociology Of Religion: Themes And Theories. London Routledge & Kegan Paul, 1984.

Pickthall, Marmaduke. The meaning of the Glorious Qur'ân. Beirut: Dar al-Kitab al-al-Lubnani, 1971.

Posner, R. Economic Analysis of Law. (1977).

Posner, R. The Economic of Justice. (1983).

Powers, David S. Studies In Qur’an And Hadith: The Formation Of The Islamic Law Of Inheritance. Berkeley: University of California Press, c1986.

Preus, J. Samuel. Explaining Religion. London: Yale University Press, 1987.

Quaegebeur, J. Ritual and Sacrifice in the Ancient Near East. Leuven, 1993.

Qur’án (various Arabic texts)

Ralston, J. The Law and Procedure of International Tribunals. (1926).

Ratnaparkhi, M. S. Uniform Civil Code: An Ignored Constitutional Imperative. New Delhi: Atlantic Publishers and Distributors, c1997.

Roby, Henry John. Roman Private Law In The Times Of Cicero And Of The Antonines. Cambridge: University Press, 1902.

Rosenfeld, Jeffrey P. The Legacy Of Aging: Inheritance And Disinheritance In Social Perspective. Norwood, N.J.: Ablex Pub. Corp., c1979.

Rumsey, Almaric. Moohummudan Law of Inheritance and Rights and Relations Affecting it: Sunni Doctrine. Lahore: Sang-e-Meel Publications, 1981.

Saller, Richard P. Patriarchy, Property, And Death In The Roman Family. Cambridge: Cambridge University Press, 1994.

Sarkar, Golapchandra. Hindu Law: With an Appendix of Mahomedan Law of Inheritance. Calcutta: Banerjee, 1903.

Schacht, J. The Origins Of Muhammadan Jurisprudence. Oxford: Clarendon Press, 1979.

Weston, B. International Law and the Deprivation of Foreign Wealth: A Framework for Future Inquiry. in The Future of the International Legal Order, 36 (R. Falk and C. Black, (eds.), 1970).

Whiteman, M.M. Damages in International Law. 1937, 1943.

Return to Table of Contents

Appendix A

Charter of the United Nations

INTRODUCTORY NOTE

The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.

Amendments to Articles 23, 27 and 61 of the Charter were adopted by the General Assembly on 17 December 1963 and came into force on 31 August 1965. A further amendment to Article 61 was adopted by the General Assembly on 20 December 1971, and came into force on 24 September 1973. An amendment to Article 109, adopted by the General Assembly on 20 December 1965, came into force on 12 June 1968.

The amendment to Article 23 enlarges the membership of the Security Council from eleven to fifteen. The amended Article 27 provides that decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members (formerly seven) and on all other matters by an affirmative vote of nine members (formerly seven), including the concurring votes of the five permanent members of the Security Council.

The amendment to Article 61, which entered into force on 31 August 1965, enlarged the membership of the Economic and Social Council from eighteen to twenty-seven. The subsequent amendment to that Article, which entered into force on 24 September 1973, further increased the membership of the Council from twenty-seven to fifty-four.

The amendment to Article 109, which relates to the first paragraph of that Article, provides that a General Conference of Member States for the purpose of reviewing the Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members (formerly seven) of the Security Council. Paragraph 3 of Article 109, which deals with the consideration of a possible review conference during the tenth regular session of the General Assembly, has been retained in its original form in its reference to a "vote, of any seven members of the Security Council", the paragraph having been acted upon in 1955 by the General Assembly, at its tenth regular session, and by the Security Council.

PREAMBLE

WE THE PEOPLES OF THE UNITED NATIONS DETERMINED

to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and

to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and

to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and

to promote social progress and better standards of life in larger freedom,

AND FOR THESE ENDS

to practice tolerance and live together in peace with one another as good neighbours, and

to unite our strength to maintain international peace and security, and

to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and

to employ international machinery for the promotion of the economic and social advancement of all peoples,

HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS

Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.

CHAPTER I

PURPOSES AND PRINCIPLES

Article 1

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.

Article 2

The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.

CHAPTER II

MEMBERSHIP

Article 3

The original Members of the United Nations shall be the states which, having participated in the United Nations Conference on International Organization at San Francisco, or having previously signed the Declaration by United Nations of 1 January 1942, sign the present Charter and ratify it in accordance with Article 110.

Article 4

1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.

2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

Article 5

A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council.

Article 6

A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.

CHAPTER III

ORGANS

Article 7

1. There are established as the principal organs of the United Nations:

a General Assembly

a Security Council

an Economic and Social Council

a Trusteeship Council

an International Court of Justice

and a Secretariat.

2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.

Article 8

The United Nations shall place no restrictions on the eligibility of men and women to participate in any capacity and under conditions of equality in its principal and subsidiary organs.

CHAPTER IV

THE GENERAL ASSEMBLY

COMPOSITION

Article 9

1. The General Assembly shall consist of all the Members of the United Nations.
2. Each Member shall have not more than five representatives in the General Assembly.

FUNCTIONS and POWERS

Article 10

The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.

Article 11

1. The General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.
2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.
3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.
4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 10.

Article 12

1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.
2. The Secretary-General, with the consent of the Security Council, shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly, or the Members of the United Nations if the General Assembly is not in session, immediately the Security Council ceases to deal with suchmatters.

Article 13

1. The General Assembly shall initiate studies and make recommendations for the purpose of:

a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification;

b. promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

2. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X.

Article 14

Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.

Article 15

1. The General Assembly shall receive and consider annual and special reports from the Security Council; these reports shall include an account of the measures that the Security Council has decided upon or taken to maintain international peace and security.
2. The General Assembly shall receive and consider reports from the other organs of the United Nations.

Article 16

The General Assembly shall perform such functions with respect to the international trusteeship system as are assigned to it under Chapters XII and XIII, including the approval of the trusteeship agreements for areasnot designated as strategic.

Article 17

1. The General Assembly shall consider and approve the budget of the Organization.
2. The expenses of the Organization shall be borne by the Members as apportioned by the General Assembly.
3. The General Assembly shall consider and approve any financial and budgetary arrangements with specialized agencies referred to in Article 57 and shall examine the administrative budgets of such specialized agencies with a view to making recommendations to the agencies concerned.

VOTING

Article 18

1. Each member of the General Assembly shall have one vote.
2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the election of the non-permanent members of the Security Council, the election of the members of the Economic and Social Council, the election of members of the Trusteeship Council in accordance with paragraph 1 (c) of Article 86, the admission of new Members to the United Nations, the suspension of the rights and privileges of membership, the expulsion of Members, questions relating to the operation of the trusteeship system, and budgetary questions.
3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, shall be made by a majority of the members present and voting.

Article 19

A Member of the United Nations which is in arrears in the payment of its financial contributions to the Organization shall have no vote in the General Assembly if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The General Assembly may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay is due to conditions beyond the control of the Member.

PROCEDURE

Article 20

The General Assembly shall meet in regular annual sessions and in such special sessions as occasion may require. Special sessions shall be convoked by the Secretary-General at the request of the Security Council or of a majority of the Members of the United Nations.

Article 21

The General Assembly shall adopt its own rules of procedure. It shall elect its President for each session.

Article 22

The General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions.

CHAPTER V

THE SECURITY COUNCIL

COMPOSITION

Article 23

1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be non-permanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election.
3. Each member of the Security Council shall have one representative.

FUNCTIONS and POWERS

Article 24

1. In order to ensure prompt and effective action by the United Nations,its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.
3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

Article 25

The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

Article 26

In order to promote the establishment and maintenance of international peace and security with the least diversion for armaments of the world's human and economic resources, the Security Council shall be responsible for formulating, with the assistance of the Military Staff Committee referred to in Article 47, plans to be submitted to the Members of the United Nations for the establishment of a system for the regulation of armaments.

VOTING

Article 27

1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on procedural matters shall be made by an affirmative vote of nine members.
3. Decisions of the Security Council on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.

PROCEDURE

Article 28

1. The Security Council shall be so organized as to be able to function continuously. Each member of the Security Council shall for this purpose be represented at all times at the seat of the Organization.
2. The Security Council shall hold periodic meetings at which each of itsmembers may, if it so desires, be represented by a member of thegovernment or by some other specially designated representative.
3. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work.

Article 29

The Security Council may establish such subsidiary organs as it deems necessary for the performance of its functions.

Article 30

The Security Council shall adopt its own rules of procedure, including the method of selecting its President.

Article 31

Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.

Article 32

Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.

CHAPTER VI

PACIFIC SETTLEMENT OF DISPUTES

Article 33

1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

Article 34

The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.

Article 35

1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.
2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.
3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.

Article 36

1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.
3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.

Article 37

1. Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.
2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.

Article 38

Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.

CHAPTER VII

ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION

Article 39

The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.

Article 40

In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.

Article 41

The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Article 42

Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Article 43

1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.
2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.

Article 44

When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfilment of the obligations assumed under Article 43, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.

Article 45

In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 43, by the Security Council with the assistance of the Military Staff Committee.

Article 46

Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

Article 47

1. There shall be established a Military Staff Committee to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.
2. The Military Staff Committee shall consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the United Nations not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities requires the participation of that Member in its work.
3. The Military Staff Committee shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.
4. The Military Staff Committee, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional sub-committees.

Article 48

1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.
2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they remembers.

Article 49

The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.

Article 50

If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.

Article 51

Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.

CHAPTER VIII

REGIONAL ARRANGEMENTS

Article 52

1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.
2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.
3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.
4. This Article in no way impairs the application of Articles 34 and 35.

Article 53

1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a state.
2. The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.

Article 54

The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.

CHAPTER IX

INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION

Article 55

With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote:

a. higher standards of living, full employment, and conditions of economic and social progress and development;

b. solutions of international economic, social, health, and related problems; and international cultural and educational cooperation; and

c. universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Article 56

All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55.

Article 57

1. The various specialized agencies, established by intergovernmental agreement and having wide international responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Nations in accordance with the provisions of Article 63.
2. Such agencies thus brought into relationship with the United Nations are hereinafter referred to as specialized agencies.

Article 58

The Organization shall make recommendations for the co-ordination of the policies and activities of the specialized agencies.

Article 59

The Organization shall, where appropriate, initiate negotiations among the states concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55.

Article 60

Responsibility for the discharge of the functions of the Organization set forth in this Chapter shall be vested in the General Assembly and, under the authority of the General Assembly, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.

CHAPTER X

THE ECONOMIC AND SOCIAL COUNCIL

COMPOSITION

Article 61

1. The Economic and Social Council shall consist of fifty-four Members of the United Nations elected by the General Assembly.
2. Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.
3. At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the General Assembly.
4. Each member of the Economic and Social Council shall have one representative.

FUNCTIONS and POWERS

Article 62

1. The Economic and Social Council may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the General Assembly to the Members of the United Nations, and to the specialized agencies concerned.
2. It may make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all.
3. It may prepare draft conventions for submission to the General Assembly, with respect to matters falling within its competence.
4. It may call, in accordance with the rules prescribed by the United Nations,international conferences on matters falling within its competence.

Article 63

1. The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Nations. Such agreements shall be subject to approval by the General Assembly.
2. It may co-ordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the General Assembly and to the Members of the United Nations.

Article 64

1. The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the United Nations and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the General Assembly.
2. It may communicate its observations on these reports to the General Assembly.

Article 65

The Economic and Social Council may furnish information to the Security Council and shall assist the Security Council upon its request.

Article 66

1. The Economic and Social Council shall perform such functions as fall within its competence in connexion with the carrying out of the recommendations of the General Assembly.
2. It may, with the approval of the General Assembly, perform services at the request of Members of the United Nations and at the request of specialized agencies.
3. It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the General Assembly.

VOTING

Article 67

1. Each member of the Economic and Social Council shall have one vote.
2. Decisions of the Economic and Social Council shall be made by a majority of the members present and voting.

PROCEDURE

Article 68

The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of human rights, and such other commissions as may be required for the performance of its functions.

Article 69

The Economic and Social Council shall invite any Member of the United Nations to participate, without vote, in its deliberations on any matter of particular concern to that Member.

Article 70

The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.

Article 71

The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.

Article 72

1. The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President.
2. The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

CHAPTER XI

DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES

Article 73

Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:

a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;

b. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;

c. to further international peace and security;

d. to promote constructive measures of development, to encourage research, and to co-operate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and

e. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.

Article 74

Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of good-neighbourliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.

CHAPTER XII

INTERNATIONAL TRUSTEESHIP SYSTEM

Article 75

The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.

Article 76

The basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter, shall be:

a. to further international peace and security;

b. to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;

c. to encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and

d. to ensure equal treatment in social, economic, and commercial matters for all Members of the United Nations and their nationals, and also equal treatment for the latter in the administration of justice, without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.

Article 77

1. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:

a. territories now held under mandate;

b. territories which may be detached from enemy states as a result of the Second World War; and

c. territories voluntarily placed under the system by states responsiblefor their administration.

2. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.

Article 78

The trusteeship system shall not apply to territories which have become Members of the United Nations, relationship among which shall be based on respect for the principle of sovereign equality.

Article 79

The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the states directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Nations, and shall be approved as provided for in Articles 83 and 85.

Article 80

1. Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any states or any peoples or the terms of existing international instruments to which Members of the United Nations may respectively be parties.
2. Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.

Article 81

The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more states or the Organization itself.

Article 82

There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43.

Article 83

1. All functions of the United Nations relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment shall be exercised by the Security Council.
2. The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.
3. The Security Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Nations under the trusteeship system relating to political, economic, social, and educational matters in the strategic areas.

Article 84

It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of international peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the Security Council undertaken in this regard by the administering authority, as well as for local defence and the maintenance of law and order within the trust territory.

Article 85

4. The functions of the United Nations with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the General Assembly.
5. The Trusteeship Council, operating under the authority of the General Assembly shall assist the General Assembly in carrying out these functions.

CHAPTER XIII

THE TRUSTEESHIP COUNCIL

COMPOSITION

Article 86

1. The Trusteeship Council shall consist of the following Members of the United Nations:

a. those Members administering trust territories;

b. such of those Members mentioned by name in Article 23 as are not administering trust territories; and

c. as many other Members elected for three-year terms by the General Assembly as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the United Nations which administer trust territories and those which do not.

2. Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.

FUNCTIONS and POWERS

Article 87

The General Assembly and, under its authority, the Trusteeship Council, in carrying out their functions, may:

a. consider reports submitted by the administering authority;

b. accept petitions and examine them in consultation with the administering authority;

c. provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and

d. take these and other actions in conformity with the terms of the trusteeship agreements.

Article 88

The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the General Assembly shall make an annual report to the General Assembly upon the basis of such questionnaire.

VOTING

Article 89

1. Each member of the Trusteeship Council shall have one vote.
2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting.

PROCEDURE

Article 90

1. The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.
2. The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

Article 91

The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.

CHAPTER XIV

THE INTERNATIONAL COURT OF JUSTICE

Article 92

The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter.

Article 93

1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.
2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council.

Article 94

1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.

Article 95

Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.

Article 96

1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.
2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

CHAPTER XV

THE SECRETARIAT

Article 97

The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly upon the recommendation of the Security Council. He shall be the chief administrative officer of the Organization.

Article 98

The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General shall make an annual report to the General Assembly on the work of the Organization.

Article 99

The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.

Article 100

1. In the performance of their duties the Secretary-General and the staff shall not seek or receive instructions from any government or from any other authority external to the Organization. They shall refrain from any action which might reflect on their position as international officials responsible only to the Organization.
2. Each Member of the United Nations undertakes to respect the exclusively international character of the responsibilities of the Secretary-General and the staff and not to seek to influence them in the discharge of their responsibilities.

Article 101

1. The staff shall be appointed by the Secretary-General under regulations established by the General Assembly.
2. Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Nations. These staffs shall form a part of the Secretariat.
3. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

CHAPTER XVI

MISCELLANEOUS PROVISIONS

Article 102

1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.
2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.

Article 103

In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

Article 104

The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.

Article 105

1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes.
2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Organization.
3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.

CHAPTER XVII

TRANSITIONAL SECURITY ARRANGEMENTS

Article 106

Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the Security Council enable it to begin the exercise of its responsibilities under Article 42, the parties to the Four-Nation Declaration, signed at Moscow, 30 October 1943, and France, shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the United Nations with a view to such joint action on behalf of the Organization as may be necessary for the purpose of maintaining international peace and security.

Article 107

Nothing in the present Charter shall invalidate or preclude action, in relation to any state which during the Second World War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.

CHAPTER XVIII

AMENDMENTS

Article 108

Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two thirds of the members of the General Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations, including all the permanent members of the Security Council.

Article 109

1. A General Conference of the Members of the United Nations for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the General Assembly and by a vote of any nine members of the Security Council. Each Member of the United Nations shall have one vote in the conference.
2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.
3. If such a conference has not been held before the tenth annual session of the General Assembly following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the General Assembly, and the conference shall be held if so decided by a majority vote of the members of the General Assembly and by a vote of any seven members of the Security Council.

CHAPTER XIX

RATIFICATION AND SIGNATURE

Article 110

1. The present Charter shall be ratified by the signatory states in accordance with their respective constitutional processes.
2. The ratifications shall be deposited with the Government of the United States of America, which shall notify all the signatory states of each deposit as well as the Secretary-General of the Organization when he has been appointed.
3. The present Charter shall come into force upon the deposit of ratifications by the Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, and by a majority of the other signatory states. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United States of America which shall communicate copies thereof to all the signatory states.
4. The states signatory to the present Charter which ratify it after it has come into force will become original Members of the United Nations on the date of the deposit of their respective ratifications.

Article 111

The present Charter, of which the Chinese, French, Russian, English, and Spanish texts are equally authentic, shall remain deposited in the archives of the Government of the United States of America. Duly certified copies thereof shall be transmitted by that Government to the Governments of the other signatory states.

IN FAITH WHEREOF the representatives of the Governments of the United Nations have signed the present Charter.

DONE at the city of San Francisco the twenty-sixth day of June, one thousand nine hundred and forty-five.

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Appendix B

Universal Declaration of Human Rights

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.

(2) No one shall be held guilty of any penal offence on account of any act or omission, which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

(1) Everyone has the right to freedom of movement and residence within the borders of each state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections, which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

(1) Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

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Appendix C

International Covenant on Civil and Political Rights

Adopted and opened for signature, ratification and accession by
General Assembly resolution 2200A (XXI) of 16 December 1966

Entry into force 23 March 1976, in accordance with Article 49

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgment rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3.

(a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2.

(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.

Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 15

1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. 4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

PART IV

Article 28

1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.

2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.

3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

1 . The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.

2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article 30

1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.

4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

Article 31

1. The Committee may not include more than one national of the same State.

2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.

Article 32

1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.

2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.

2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.

2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant.

3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.

Article 35

The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights:

(a) Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.

Article 41

1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;

(d) The Committee shall hold closed meetings when examining communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 42

1.

(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;

(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.

6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information. 7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;

(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;

(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;

(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.

Article 43

The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 44

The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.

PART V

Article 46 .

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART VI

Article 48

1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 51

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 52

Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 48;

(b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51.

Article 53

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 48.

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Appendix D

International Covenant on Economic, Social and Cultural Rights

Adopted and opened for signature, ratification and accession by General Assembly
resolution 2200A (XXI) of 16 December 1966

Entry into force 3 January 1976, in accordance with article 27

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights, as well as his civil and political rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.

2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Article 4

The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant.

2. No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

(d ) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays

Article 8

1. The States Parties to the present Covenant undertake to ensure:

(a) The right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(b) The right of trade unions to establish national federations or confederations and the right of the latter to form or join international trade-union organizations;

(c) The right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;

(d) The right to strike, provided that it is exercised in conformity with the laws of the particular country.

2. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces or of the police or of the administration of the State.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or apply the law in such a manner as would prejudice, the guarantees provided for in that Convention.

Article 9

The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.

Article 10

The States Parties to the present Covenant recognize that:

1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.

2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits.

3. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

Article 11 

1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.

2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed:

(a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources;

(b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

Article 12

1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for:

(a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child;

(b) The improvement of all aspects of environmental and industrial hygiene;

(c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases;

(d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

Article 13

1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.

2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right:

(a) Primary education shall be compulsory and available free to all;

(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education;

(c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education;

(d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education;

(e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved.

3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.

4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Article 14

Each State Party to the present Covenant which, at the time of becoming a Party, has not been able to secure in its metropolitan territory or other territories under its jurisdiction compulsory primary education, free of charge, undertakes, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory education free of charge for all.

Article 15

1. The States Parties to the present Covenant recognize the right of everyone:

(a) To take part in cultural life;

(b) To enjoy the benefits of scientific progress and its applications;

(c) To benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for the conservation, the development and the diffusion of science and culture.

3. The States Parties to the present Covenant undertake to respect the freedom indispensable for scientific research and creative activity.

4. The States Parties to the present Covenant recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields.

PART IV

Article 16

1. The States Parties to the present Covenant undertake to submit in conformity with this part of the Covenant reports on the measures which they have adopted and the progress made in achieving the observance of the rights recognized herein.

2. (a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit copies to the Economic and Social Council for consideration in accordance with the provisions of the present Covenant;

(b) The Secretary-General of the United Nations shall also transmit to the specialized agencies copies of the reports, or any relevant parts therefrom, from States Parties to the present Covenant which are also members of these specialized agencies in so far as these reports, or parts therefrom, relate to any matters which fall within the responsibilities of the said agencies in accordance with their constitutional instruments.

Article 17

1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance with a programme to be established by the Economic and Social Council within one year of the entry into force of the present Covenant after consultation with the States Parties and the specialized agencies concerned.

2. Reports may indicate factors and difficulties affecting the degree of fulfillment of obligations under the present Covenant.

3. Where relevant information has previously been furnished to the United Nations or to any specialized agency by any State Party to the present Covenant, it will not be necessary to reproduce that information, but a precise reference to the information so furnished will suffice.

Article 18

Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights and fundamental freedoms, the Economic and Social Council may make arrangements with the specialized agencies in respect of their reporting to it on the progress made in achieving the observance of the provisions of the present Covenant falling within the scope of their activities. These reports may include particulars of decisions and recommendations on such implementation adopted by their competent organs.

Article 19

The Economic and Social Council may transmit to the Commission on Human Rights for study and general recommendation or, as appropriate, for information the reports concerning human rights submitted by States in accordance with articles 16 and 17, and those concerning human rights submitted by the specialized agencies in accordance with article 18.

Article 20

The States Parties to the present Covenant and the specialized agencies concerned may submit comments to the Economic and Social Council on any general recommendation under article 19 or reference to such general recommendation in any report of the Commission on Human Rights or any documentation referred to therein.

Article 21

The Economic and Social Council may submit from time to time to the General Assembly reports with recommendations of a general nature and a summary of the information received from the States Parties to the present Covenant and the specialized agencies on the measures taken and the progress made in achieving general observance of the rights recognized in the present Covenant.

Article 22

The Economic and Social Council may bring to the attention of other organs of the United Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance any matters arising out of the reports referred to in this part of the present Covenant which may assist such bodies in deciding, each within its field of competence, on the advisability of international measures likely to contribute to the effective progressive implementation of the present Covenant.

Article 23

The States Parties to the present Covenant agree that international action for the achievement of the rights recognized in the present Covenant includes such methods as the conclusion of conventions, the adoption of recommendations, the furnishing of technical assistance and the holding of regional meetings and technical meetings for the purpose of consultation and study organized in conjunction with the Governments concerned.

Article 24

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 25

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART V

Article 26

1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed the present Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 27

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 28

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 29

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes.

3. When amendments come into force they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 30

Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 26;

(b) The date of the entry into force of the present Covenant under article 27 and the date of the entry into force of any amendments under article 29.

Article 31

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 26.

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Appendix E

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT^*

(* as corrected by the procés-verbaux of 10 November 1998 and 12 July 1999)

PREAMBLE

The States Parties to this Statute,

Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,

Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,

Recognizing that such grave crimes threaten the peace, security and well-being of the world,

Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,

Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,

Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,

Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,

Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State,

Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole,

Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions,

Resolved to guarantee lasting respect for and the enforcement of international justice,

Have agreed as follows

PART 1. ESTABLISHMENT OF THE COURT

Article 1

The Court

            An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.

Article 2

Relationship of the Court with the United Nations

            The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf.

Article 3

Seat of the Court

1.         The seat of the Court shall be established at The Hague in the Netherlands ("the host State").
2.         The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf.

3.         The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute. 

Article 4

Legal status and powers of the Court

1.         The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.
2.         The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.

PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW

Article 5

Crimes within the jurisdiction of the Court

1.         The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:

(a)     The crime of genocide;

(b)     Crimes against humanity;

(c)     War crimes;

(d)     The crime of aggression.

2.        The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.

Article 6

Genocide

            For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a)     Killing members of the group;

(b)     Causing serious bodily or mental harm to members of the group;

(c)     Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d)     Imposing measures intended to prevent births within the group;

(e)     Forcibly transferring children of the group to another group.

Article 7

Crimes against humanity

1.         For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(a)     Murder;

(b)     Extermination;

(c)     Enslavement;

(d)     Deportation or forcible transfer of population;

(e)     Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f)     Torture;

(g)     Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

(h)     Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i)     Enforced disappearance of persons;

(j)     The crime of apartheid;

(k)     Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

2.         For the purpose of paragraph 1:

(a)     "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;

(b)     "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

(c)     "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

(d)     "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

(e)     "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

(f)     "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

(g)     "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

(h)     "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

(i)     "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

3.         For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.  

Article 8

War crimes

1.         The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
2.         For the purpose of this Statute, "war crimes" means:

(a)     Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

(i)     Willful killing;

(ii)     Torture or inhuman treatment, including biological experiments;

(iii)     Willfully causing great suffering, or serious injury to body or health;

(iv)     Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v)     Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi)     Willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii)     Unlawful deportation or transfer or unlawful confinement;

(viii)     Taking of hostages.

(b)     Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

(i)     Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

(ii)     Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii)     Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv)     Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

(v)     Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

(vi)     Killing or wounding a combatant who, having laid down his arms or having no longer means of defense, has surrendered at discretion;

(vii)     Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

(viii)     The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

(ix)     Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(x)     Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi)     Killing or wounding treacherously individuals belonging to the hostile nation or army;

(xii)     Declaring that no quarter will be given;

(xiii)     Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;

(xiv)     Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

(xv)     Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;

(xvi)     Pillaging a town or place, even when taken by assault;

(xvii)     Employing poison or poisoned weapons;

(xviii)     Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(xix)     Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

(xx)     Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;

(xxi)     Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(xxii)     Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

(xxiii)     Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

(xxiv)     Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(xxv)     Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions;

(xxvi)     Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.

(c)     In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

(i)     Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(ii)     Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(iii)     Taking of hostages;

(iv)     The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.

(d)     Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.

(e)     Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

(i)     Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;

(ii)     Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(iii)     Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv)     Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(v)     Pillaging a town or place, even when taken by assault;

(vi)     Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

(vii)     Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

(viii)     Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

(ix)     Killing or wounding treacherously a combatant adversary;

(x)     Declaring that no quarter will be given;

(xi)     Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xii)     Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;

(f)       Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.

3.         Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.

Article 9

Elements of Crimes

1.         Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.

2.         Amendments to the Elements of Crimes may be proposed by:

(a)     Any State Party;

(b)     The judges acting by an absolute majority;

(c)     The Prosecutor.

Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.

3.         The Elements of Crimes and amendments thereto shall be consistent with this Statute.

Article 10

             Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.

Article 11

Jurisdiction ratione temporis

  1.         The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

  2.         If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12

Preconditions to the exercise of jurisdiction

  1.         A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

  2.         In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a)     The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b)     The State of which the person accused of the crime is a national.

3.         If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13

Exercise of jurisdiction

            The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

(a)     A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;

(b)     A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c)     The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.

Article 14

Referral of a situation by a State Party

1.         A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.

2.         As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.

Article 15

Prosecutor

1.         The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.

2.         The Prosecutor shall analyze the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.

3.         If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.

4.         If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.

5.         The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.

6.         If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.

Article 16

Deferral of investigation or prosecution

            No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.

Article 17

Issues of admissibility

1.  Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:

(a)  The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;

(b)  The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c)     The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d)     The case is not of sufficient gravity to justify further action by the Court.

2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:

(a)     The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;

(b)     There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

(c)     The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.

Article 18

Preliminary rulings regarding admissibility

1.  When a situation has been referred to the Court pursuant to article 13 (a) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles 13 (c) and 15, the Prosecutor shall notify all States Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.

2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.

3.  The Prosecutor's deferral to a State's investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstances based on the State's unwillingness or inability genuinely to carry out the investigation.

4.  The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance with article 82. The appeal may be heard on an expedited basis.

5. When the Prosecutor has deferred an investigation in accordance with paragraph 2, the Prosecutor may request that the State concerned periodically inform the Prosecutor of the progress of its investigations and any subsequent prosecutions. States Parties shall respond to such requests without undue delay.

6. Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the purpose of preserving evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available.

7. A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstances.

Article 19

Challenges to the jurisdiction of the Court

or the admissibility of a case

1. The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article 17.

2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:

(a)    An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;

(b)     A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

(c)     A State from which acceptance of jurisdiction is required under article 12.

3.  The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victims, may also submit observations to the Court.

4.  The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c).

5. A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earliest opportunity.
6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.
7. If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article 17.

8. Pending a ruling by the Court, the Prosecutor may seek authority from the Court:

(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;

(b)To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and

(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.

9. The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court prior to the making of the challenge.
10. If the Court has decided that a case is inadmissible under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article 17.

11. If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.

Article 20

Ne bis in idem

1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.

2.  No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.

3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

(a)  Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or

(b)  Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.

Article 21

Applicable law

1. The Court shall apply:

(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;

(b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;

(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.

2. The Court may apply principles and rules of law as interpreted in its previous decisions.

3. The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.

PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW

Article 22

Nullum crimen sine lege

1.  A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2.  The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.

Article 23

Nulla poena sine lege

            A person convicted by the Court may be punished only in accordance with this Statute.

Article 24

Non-retroactivity ratione personae

1.  No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.

2. In the event of a change in the law applicable to a given case prior to a final judgment, the law more favorable to the person being investigated, prosecuted or convicted shall apply.

Article 25

Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2.  A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime;

(e)  In respect of the crime of genocide, directly and publicly incites others to commit genocide;

(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

4.  No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.

Article 26

Exclusion of jurisdiction over persons under eighteen

            The Court shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime.

Article 27

Irrelevance of official capacity

1.  This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 28

Responsibility of commanders and other superiors

            In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:

(a) A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:

(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and

(ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(b) With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:

(i)  The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;

(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and

(iii)  The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

Article 29

Non-applicability of statute of limitations

            The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.

Article 30

Mental element

1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.

2.  For the purposes of this article, a person has intent where:

(a) In relation to conduct, that person means to engage in the conduct;

(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.

3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.

Article 31

Grounds for excluding criminal responsibility

1.   In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;

(b)  The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;

(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;

(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:

(i)  Made by other persons; or

(ii)  Constituted by other circumstances beyond that person's control.

3. The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.
4. At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.

Article 32

Mistake of fact or mistake of law

1.  A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.

2.  A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.

Article 33

Superior orders and prescription of law

1.  The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:

(a)  The person was under a legal obligation to obey orders of the Government or the superior in question;

(b)  The person did not know that the order was unlawful; and

(c)   The order was not manifestly unlawful.

2.  For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.

PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT

Article 34

Organs of the Court

            The Court shall be composed of the following organs:

(a)     The Presidency;

(b)     An Appeals Division, a Trial Division and a Pre-Trial Division;

(c)     The Office of the Prosecutor;

(d)     The Registry.

Article 35

Service of judges

1.         All judges shall be elected as full-time members of the Court and shall be available to serve on that basis from the commencement of their terms of office.

2.         The judges composing the Presidency shall serve on a full-time basis as soon as they are elected.
3.         The Presidency may, on the basis of the workload of the Court and in consultation with its members, decide from time to time to what extent the remaining judges shall be required to serve on a full-time basis. Any such arrangement shall be without prejudice to the provisions of article 40.
4.         The financial arrangements for judges not required to serve on a full-time basis shall be made in accordance with article 49.

Article 36

Qualifications, nomination and election of judges

1.         Subject to the provisions of paragraph 2, there shall be 18 judges of the Court.
2.         (a)     The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.
            (b)     Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.

            (c)     (i)     Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;

                     (ii)     Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.

3.         (a)     The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.

            (b)     Every candidate for election to the Court shall:

(i)     Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or

(ii)     Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;

            (c)     Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4.         (a)     Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:

(i)     By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or

(ii)     By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.

            Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.

            (b)     Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.

            (c)     The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.

5.         For the purposes of the election, there shall be two lists of candidates:

List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and

List B containing the names of candidates with the qualifications specified in paragraph 3 (b) (ii).

          A candidate with sufficient qualifications for both lists may choose on which list to appear. At the first election to the Court, at least nine judges shall be elected from list A and at least five judges from list B. Subsequent elections shall be so organized as to maintain the equivalent proportion on the Court of judges qualified on the two lists.

6.         (a)     The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.

            (b)     In the event that a sufficient number of judges is not elected on the first ballot, successive ballots shall be held in accordance with the procedures laid down in subparagraph (a) until the remaining places have been filled.

7.         No two judges may be nationals of the same State. A person who, for the purposes of membership of the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.
8.         (a)     The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:

(i)     The representation of the principal legal systems of the world;

(ii)     Equitable geographical representation; and

(iii)     A fair representation of female and male judges.

            (b)     States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.
9.         (a)     Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.
            (b)     At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.
            (c)     A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.

10.         Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39 shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber.

Article 37

Judicial vacancies

1.         In the event of a vacancy, an election shall be held in accordance with article 36 to fill the vacancy.
2.         A judge elected to fill a vacancy shall serve for the remainder of the predecessor's term and, if that period is three years or less, shall be eligible for re-election for a full term under article 36.

Article 38

The Presidency

1.         The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges. They shall each serve for a term of three years or until the end of their respective terms of office as judges, whichever expires earlier. They shall be eligible for re-election once.
2.         The First Vice-President shall act in place of the President in the event that the President is unavailable or disqualified. The Second Vice-President shall act in place of the President in the event that both the President and the First Vice-President are unavailable or disqualified.
3.         The President, together with the First and Second Vice-Presidents, shall constitute the Presidency, which shall be responsible for:

            (a)     The proper administration of the Court, with the exception of the Office of the Prosecutor; and

           (b)     The other functions conferred upon it in accordance with this Statute.
4.         In discharging its responsibility under paragraph 3 (a), the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern.

Article 39

Chambers

1.         As soon as possible after the election of the judges, the Court shall organize itself into the divisions specified in article 34, paragraph (b). The Appeals Division shall be composed of the President and four other judges, the Trial Division of not less than six judges and the Pre-Trial Division of not less than six judges. The assignment of judges to divisions shall be based on the nature of the functions to be performed by each division and the qualifications and experience of the judges elected to the Court, in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law. The Trial and Pre-Trial Divisions shall be composed predominantly of judges with criminal trial experience.
2.         (a)     The judicial functions of the Court shall be carried out in each division by Chambers.
            (b)         (i)     The Appeals Chamber shall be composed of all the judges of the Appeals Division;

                          (ii)     The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;

(iii)     The functions of the Pre-Trial Chamber shall be carried out either by three judges of the Pre-Trial Division or by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence;

(c)     Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.

3.         (a)     Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned. 

            (b)     Judges assigned to the Appeals Division shall serve in that division for their entire term of office.

4.         Judges assigned to the Appeals Division shall serve only in that division. Nothing in this article shall, however, preclude the temporary attachment of judges from the Trial Division to the Pre-Trial Division or vice versa, if the Presidency considers that the efficient management of the Court's workload so requires, provided that under no circumstances shall a judge who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing that case.

Article 40

Independence of the judges

1.         The judges shall be independent in the performance of their functions.
2.         Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.

3.         Judges required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature.

4.         Any question regarding the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges. Where any such question concerns an individual judge, that judge shall not take part in the decision.

Article 41

Excusing and disqualification of judges

1.         The Presidency may, at the request of a judge, excuse that judge from the exercise of a function under this Statute, in accordance with the Rules of Procedure and Evidence.
2.         (a)     A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted. A judge shall also be disqualified on such other grounds as may be provided for in the Rules of Procedure and Evidence.

           (b)     The Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph.

           (c)     Any question as to the disqualification of a judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision.

Article 42

The Office of the Prosecutor

1.         The Office of the Prosecutor shall act independently as a separate organ of the Court. It shall be responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. A member of the Office shall not seek or act on instructions from any external source.
2.         The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority over the management and administration of the Office, including the staff, facilities and other resources thereof. The Prosecutor shall be assisted by one or more Deputy Prosecutors, who shall be entitled to carry out any of the acts required of the Prosecutor under this Statute. The Prosecutor and the Deputy Prosecutors shall be of different nationalities. They shall serve on a full-time basis.
3.         The Prosecutor and the Deputy Prosecutors shall be persons of high moral character, be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases. They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4.         The Prosecutor shall be elected by secret ballot by an absolute majority of the members of the Assembly of States Parties. The Deputy Prosecutors shall be elected in the same way from a list of candidates provided by the Prosecutor. The Prosecutor shall nominate three candidates for each position of Deputy Prosecutor to be filled. Unless a shorter term is decided upon at the time of their election, the Prosecutor and the Deputy Prosecutors shall hold office for a term of nine years and shall not be eligible for re-election.

5.         Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence. They shall not engage in any other occupation of a professional nature.

6.         The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case.

7.         Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality might reasonably be doubted on any ground. They shall be disqualified from a case in accordance with this paragraph if, inter alia, they have previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted.

8.         Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber.

(a)     The person being investigated or prosecuted may at any time request the disqualification of the Prosecutor or a Deputy Prosecutor on the grounds set out in this article;

(b)     The Prosecutor or the Deputy Prosecutor, as appropriate, shall be entitled to present his or her comments on the matter;

9.         The Prosecutor shall appoint advisers with legal expertise on specific issues, including, but not limited to, sexual and gender violence and violence against children.

Article 43

The Registry

1. The Registry shall be responsible for the non-judicial aspects of the administration and servicing of the Court, without prejudice to the functions and powers of the Prosecutor in accordance with article 42.

2. The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court. The Registrar shall exercise his or her functions under the authority of the President of the Court.

3. The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Assembly of States Parties. If the need arises and upon the recommendation of the Registrar, the judges shall elect, in the same manner, a Deputy Registrar.

5. The Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis. The Deputy Registrar shall hold office for a term of five years or such shorter term as may be decided upon by an absolute majority of the judges, and may be elected on the basis that the Deputy Registrar shall be called upon to serve as required.

6. The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements, counselling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses. The Unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence.

Article 44

Staff

1.         The Prosecutor and the Registrar shall appoint such qualified staff as may be required to their respective offices. In the case of the Prosecutor, this shall include the appointment of investigators.
2.         In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and integrity, and shall have regard, mutatis mutandis, to the criteria set forth in article 36, paragraph 8.

3.         The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose Staff Regulations which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated and dismissed. The Staff Regulations shall be approved by the Assembly of States Parties.

4.         The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States Parties, intergovernmental organizations or non-governmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be established by the Assembly of States Parties.

Article 45

Solemn undertaking

            Before taking up their respective duties under this Statute, the judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall each make a solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously.

Article 46

Removal from office

1.         A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2, in cases where that person:

(a)     Is found to have committed serious misconduct or a serious breach of his or her duties under this Statute, as provided for in the Rules of Procedure and Evidence; or

(b)     Is unable to exercise the functions required by this Statute.

2.         A decision as to the removal from office of a judge, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the Assembly of States Parties, by secret ballot:

( a)     In the case of a judge, by a two-thirds majority of the States Parties upon a recommendation adopted by a two-thirds majority of the other judges;

(b)     In the case of the Prosecutor, by an absolute majority of the States Parties;

(c)     In the case of a Deputy Prosecutor, by an absolute majority of the States Parties upon the recommendation of the Prosecutor.

3.         A decision as to the removal from office of the Registrar or Deputy Registrar shall be made by an absolute majority of the judges.

4.         A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordance with the Rules of Procedure and Evidence. The person in question shall not otherwise participate in the consideration of the matter.

Article 47

Disciplinary measures

            A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed misconduct of a less serious nature than that set out in article 46, paragraph 1, shall be subject to disciplinary measures, in accordance with the Rules of Procedure and Evidence.

Article 48

Privileges and immunities

1.         The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfillment of its purposes.

2.         The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.

3.         The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privileges and immunities of the Court.

4.         Counsel, experts, witnesses or any other person required to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.

5.         The privileges and immunities of:

(a)     A judge or the Prosecutor may be waived by an absolute majority of the judges;

(b)     The Registrar may be waived by the Presidency;

(c)     The Deputy Prosecutors and staff of the Office of the Prosecutor may be waived by the Prosecutor;

(d)     The Deputy Registrar and staff of the Registry may be waived by the Registrar.

Article 49

Salaries, allowances and expenses

            The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall receive such salaries, allowances and expenses as may be decided upon by the Assembly of States Parties. These salaries and allowances shall not be reduced during their terms of office.

Article 50

Official and working languages

1.         The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgments of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.
2.         The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.
3.         At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

Article 51

Rules of Procedure and Evidence

1.         The Rules of Procedure and Evidence shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.

2.         Amendments to the Rules of Procedure and Evidence may be proposed by:

(a)     Any State Party;

(b)     The judges acting by an absolute majority; or

(c)     The Prosecutor.

            Such amendments shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties 

3.         After the adoption of the Rules of Procedure and Evidence, in urgent cases where the Rules do not provide for a specific situation before the Court, the judges may, by a two-thirds majority, draw up provisional Rules to be applied until adopted, amended or rejected at the next ordinary or special session of the Assembly of States Parties.

4.         The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Amendments to the Rules of Procedure and Evidence as well as provisional Rules shall not be applied retroactively to the detriment of the person who is being investigated or prosecuted or who has been convicted.

5.         In the event of conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail.

Article 52

Regulations of the Court

1.         The judges shall, in accordance with this Statute and the Rules of Procedure and Evidence, adopt, by an absolute majority, the Regulations of the Court necessary for its routine functioning.

2.         The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto.

3.         The Regulations and any amendments thereto shall take effect upon adoption unless otherwise decided by the judges. Immediately upon adoption, they shall be circulated to States Parties for comments. If within six months there are no objections from a majority of States Parties, they shall remain in force.

PART 5. INVESTIGATION AND PROSECUTION

Article 53

Initiation of an investigation

1.         The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether:

(a)     The information available to the Prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed;

(b)     The case is or would be admissible under article 17; and

(c)     Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.

            If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the Pre-Trial Chamber.
2.         If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:

(a)     There is not a sufficient legal or factual basis to seek a warrant or summons under article 58;

(b)     The case is inadmissible under article 17; or

(c)     A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime;

the Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b), of his or her conclusion and the reasons for the conclusion.

3.         (a)     At the request of the State making a referral under article 14 or the Security Council under article 13, paragraph (b), the Pre-Trial Chamber may review a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may request the Prosecutor to reconsider that decision.
           (b)     In addition, the Pre-Trial Chamber may, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2 (c). In such a case, the decision of the Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber.

4.         The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.

Article 54

Duties and powers of the Prosecutor with respect to investigations

1.         The Prosecutor shall:

(a)     In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally;

(b)     Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and

(c)     Fully respect the rights of persons arising under this Statute.

2.         The Prosecutor may conduct investigations on the territory of a State:

(a)     In accordance with the provisions of Part 9; or

(b)     As authorized by the Pre-Trial Chamber under article 57, paragraph 3 (d).

3.         The Prosecutor may:

(a)     Collect and examine evidence;

(b)     Request the presence of and question persons being investigated, victims and witnesses;

(c)     Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;

(d)     Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;

(e)     Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and

(f)     Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.

Article 55

Rights of persons during an investigation

1.         In respect of an investigation under this Statute, a person:

(a)     Shall not be compelled to incriminate himself or herself or to confess guilt;

(b)     Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;

(c)     Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and

(d)     Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.

2.         Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(a)     To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;

(b)     To remain silent, without such silence being a consideration in the determination of guilt or innocence;

(c)     To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and

(d)     To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 56

Role of the Pre-Trial Chamber in relationto a unique investigative opportunity

1.           (a)     Where the Prosecutor considers an investigation to present a unique opportunity to take testimony or a statement from a witness or to examine, collect or test evidence, which may not be available subsequently for the purposes of a trial, the Prosecutor shall so inform the Pre-Trial Chamber.

              (b)     In that case, the Pre-Trial Chamber may, upon request of the Prosecutor, take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defense.

              (c)     Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter.

2.         The measures referred to in paragraph 1 (b) may include:

(a)     Making recommendations or orders regarding procedures to be followed;

(b)     Directing that a record be made of the proceedings;

(c)     Appointing an expert to assist;

(d)     Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defense;

(e)     Naming one of its members or, if necessary, another available judge of the Pre-Trial or Trial Division to observe and make recommendations or orders regarding the collection and preservation of evidence and the questioning of persons;

(f)     Taking such other action as may be necessary to collect or preserve evidence.

3.         (a)     Where the Prosecutor has not sought measures pursuant to this article but the Pre-Trial Chamber considers that such measures are required to preserve evidence that it deems would be essential for the defense at trial, it shall consult with the Prosecutor as to whether there is good reason for the Prosecutor's failure to request the measures. If upon consultation, the Pre-Trial Chamber concludes that the Prosecutor's failure to request such measures is unjustified, the Pre-Trial Chamber may take such measures on its own initiative.

          (b)     A decision of the Pre-Trial Chamber to act on its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis.

4.         The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber.  

Article 57

Functions and powers of the Pre-Trial Chamber

1.         Unless otherwise provided in this Statute, the Pre-Trial Chamber shall exercise its functions in accordance with the provisions of this article.

2 .         (a)     Orders or rulings of the Pre-Trial Chamber issued under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7, and 72 must be concurred in by a majority of its judges.

            (b)     In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or by a majority of the Pre-Trial Chamber.

3.         In addition to its other functions under this Statute, the Pre-Trial Chamber may:

(a)     At the request of the Prosecutor, issue such orders and warrants as may be required for the purposes of an investigation;

(b)     Upon the request of a person who has been arrested or has appeared pursuant to a summons under article 58, issue such orders, including measures such as those described in article 56, or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defense;

(c)     Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information;

(d)     Authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 9 if, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9.

(e)     Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.

Article 58

Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear

1.         At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:

(a)     There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and

(b)     The arrest of the person appears necessary:

(i)     To ensure the person's appearance at trial,

(ii)     To ensure that the person does not obstruct or endanger the investigation or the court proceedings, or

(iii)     Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.

2.         The application of the Prosecutor shall contain:

(a)     The name of the person and any other relevant identifying information;

(b)     A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed;

(c)     A concise statement of the facts which are alleged to constitute those crimes;

(d)     A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and

(e)     The reason why the Prosecutor believes that the arrest of the person is necessary.

3.          The warrant of arrest shall contain:

(a)     The name of the person and any other relevant identifying information;

(b)     A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and

(c)     A concise statement of the facts which are alleged to constitute those crimes.

4.         The warrant of arrest shall remain in effect until otherwise ordered by the Court.

5.         On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.

6.         The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.

7.         As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:

(a)     The name of the person and any other relevant identifying information;

(b)     The specified date on which the person is to appear;

(c)     A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and

(d)     A concise statement of the facts which are alleged to constitute the crime.

The summons shall be served on the person.

Article 59

Arrest proceedings in the custodial State

1.         A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.

2.         A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:

(a)     The warrant applies to that person;

(b)     The person has been arrested in accordance with the proper process; and

(c)     The person's rights have been respected.

3.         The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.

4.         In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).

5.         The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.

6.         If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.

7.         Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article 60

Initial proceedings before the Court

1.         Upon the surrender of the person to the Court, or the person's appearance before the Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial.

2.         A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58, paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions.

3.         The Pre-Trial Chamber shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require.

4.         The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions.

5.         If necessary, the Pre-Trial Chamber may issue a warrant of arrest to secure the presence of a person who has been released.

Article 61

Confirmation of the charges before trial

1.         Subject to the provisions of paragraph 2, within a reasonable time after the person's surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel.

2.         The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has:

(a)     Waived his or her right to be present; or

(b)     Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held.

            In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.

3.         Within a reasonable time before the hearing, the person shall:

(a)     Be provided with a copy of the document containing the charges on which the Prosecutor intends to bring the person to trial; and

(b)     Be informed of the evidence on which the Prosecutor intends to rely at the hearing.

            The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing.

4.         Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal.

5.         At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.

6.         At the hearing, the person may:

(a)     Object to the charges;

(b)     Challenge the evidence presented by the Prosecutor; and

(c)     Present evidence.

7.         The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall:

(a)     Confirm those charges in relation to which it has determined that there is sufficient evidence, and commit the person to a Trial Chamber for trial on the charges as confirmed;

(b)     Decline to confirm those charges in relation to which it has determined that there is insufficient evidence;

(c)     Adjourn the hearing and request the Prosecutor to consider:

(i)     Providing further evidence or conducting further investigation with respect to a particular charge; or

(ii)     Amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court.

8.         Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence.

9.         After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges.

10.         Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor.

11.         Once the charges have been confirmed in accordance with this article, the Presidency shall constitute a Trial Chamber which, subject to paragraph 9 and to article 64, paragraph 4, shall be responsible for the conduct of subsequent proceedings and may exercise any function of the Pre-Trial Chamber that is relevant and capable of application in those proceedings.

PART 6. THE TRIAL

Article 62

Place of trial

         Unless otherwise decided, the place of the trial shall be the seat of the Court.

Article 63

Trial in the presence of the accused

1. The accused shall be present during the trial.

2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 64

Functions and powers of the Trial Chamber

1.         The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.

2.         The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

3.         Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall:

(a)     Confer with the parties and adopt such procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings;

(b)     Determine the language or languages to be used at trial; and

(c)     Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.

4.         The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.

5.         Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joiner or severance in respect of charges against more than one accused.

6.         In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

(a)     Exercise any functions of the Pre-Trial Chamber referred to in article 61, paragraph 11;

(b)     Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;

(c)     Provide for the protection of confidential information;

(d)     Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties;

(e)     Provide for the protection of the accused, witnesses and victims; and

(f)     Rule on any other relevant matters.

7.         The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.

8.         (a)     At the commencement of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt in accordance with article 65 or to plead not guilty.

            (b)     At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute.

9.         The Trial Chamber shall have, inter alia, the power on application of a party or on its own motion to:

(a)     Rule on the admissibility or relevance of evidence; and

(b)     Take all necessary steps to maintain order in the course of a hearing.

10.         The Trial Chamber shall ensure that a complete record of the trial, which accurately reflects the proceedings, is made and that it is maintained and preserved by the Registrar.

Article 65

Proceedings on an admission of guilt

1.         Where the accused makes an admission of guilt pursuant to article 64, paragraph 8 (a), the Trial Chamber shall determine whether:

(a)     The accused understands the nature and consequences of the admission of guilt;

(b)     The admission is voluntarily made by the accused after sufficient consultation with defense counsel; and

(c)     The admission of guilt is supported by the facts of the case that are contained in:

(i)     The charges brought by the Prosecutor and admitted by the accused;

(ii)     Any materials presented by the Prosecutor which supplement the charges and which the accused accepts; and

(iii)     Any other evidence, such as the testimony of witnesses, presented by the Prosecutor or the accused.

2.         Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt, together with any additional evidence presented, as establishing all the essential facts that are required to prove the crime to which the admission of guilt relates, and may convict the accused of that crime.

3.         Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute and may remit the case to another Trial Chamber.

4.         Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Trial Chamber may:

(a)     Request the Prosecutor to present additional evidence, including the testimony of witnesses; or

(b)     Order that the trial be continued under the ordinary trial procedures provided by this Statute, in which case it shall consider the admission of guilt as not having been made and may remit the case to another Trial Chamber.

5.         Any discussions between the Prosecutor and the defense regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court.

Article 66

Presumption of innocence

1.         Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2.         The onus is on the Prosecutor to prove the guilt of the accused.

3.         In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67

Rights of the accused

1.         In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(a)     To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;

(b)     To have adequate time and facilities for the preparation of the defense and to communicate freely with counsel of the accused's choosing in confidence;

(c)     To be tried without undue delay;

(d)     Subject to article 63, paragraph 2, to be present at the trial, to conduct the defense in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;

(e)     To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defenses and to present other evidence admissible under this Statute;

(f)     To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;

(g)     Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;

(h)     To make an unsworn oral or written statement in his or her defense; and

(i)     Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.

2.         In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defense evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.

Article 68

Protection of the victims and witnesses and their participation in the proceedings

1.         The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

2.         As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.

3.         Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.

4.         The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counseling and assistance as referred to in article 43, paragraph 6.

5.         Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

6.         A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.

Article 69

Evidence

1.         Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.

2.         The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.

3.         The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.

4.         The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.

5.         The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.

6.         The Court shall not require proof of facts of common knowledge but may take judicial notice of them.

7.         Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:

(a)     The violation casts substantial doubt on the reliability of the evidence; or

(b)     The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.

8.         When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.

Article 70

Offences against the administration of justice

1.         The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(a)     Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;

(b)     Presenting evidence that the party knows is false or forged;

(c)     Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;

(d)     Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;

(e)     Retaliating against an official of the Court on account of duties performed by that or another official;

(f)     Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

2.         The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

3.         In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

4.         (a)     Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;

            (b)     Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.

Article 71

Sanctions for misconduct before the Court

1.         The Court may sanction persons present before it who commit misconduct, including disruption of its proceedings or deliberate refusal to comply with its directions, by administrative measures other than imprisonment, such as temporary or permanent removal from the courtroom, a fine or other similar measures provided for in the Rules of Procedure and Evidence.

2.         The procedures governing the imposition of the measures set forth in paragraph 1 shall be those provided for in the Rules of Procedure and Evidence.

Article 72

Protection of national security information

1.         This article applies in any case where the disclosure of the information or documents of a State would, in the opinion of that State, prejudice its national security interests. Such cases include those falling within the scope of article 56, paragraphs 2 and 3, article 61, paragraph 3, article 64, paragraph 3, article 67, paragraph 2, article 68, paragraph 6, article 87, paragraph 6 and article 93, as well as cases arising at any other stage of the proceedings where such disclosure may be at issue.

2.         This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests.

3.         Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f), or the application of article 73.

4.         If a State learns that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolution of the issue in accordance with this article.

5.         If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defense or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include:

(a)     Modification or clarification of the request;

(b)     A determination by the Court regarding the relevance of the information or evidence sought, or a determination as to whether the evidence, though relevant, could be or has been obtained from a source other than the requested State;

(c)     Obtaining the information or evidence from a different source or in a different form; or

(d)     Agreement on conditions under which the assistance could be provided including, among other things, providing summaries or redactions, limitations on disclosure, use of in camera or ex parte proceedings, or other protective measures permissible under the Statute and the Rules of Procedure and Evidence.

6.         Once all reasonable steps have been taken to resolve the matter through cooperative means, and if the State considers that there are no means or conditions under which the information or documents could be provided or disclosed without prejudice to its national security interests, it shall so notify the Prosecutor or the Court of the specific reasons for its decision, unless a specific description of the reasons would itself necessarily result in such prejudice to the State's national security interests.

7.         Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions:

(a)     Where disclosure of the information or document is sought pursuant to a request for cooperation under Part 9 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 93, paragraph 4:

(i)     The Court may, before making any conclusion referred to in subparagraph 7 (a) (ii), request further consultations for the purpose of considering the State's representations, which may include, as appropriate, hearings in camera and ex parte;

(ii)     If the Court concludes that, by invoking the ground for refusal under article 93, paragraph 4, in the circumstances of the case, the requested State is not acting in accordance with its obligations under this Statute, the Court may refer the matter in accordance with article 87, paragraph 7, specifying the reasons for its conclusion; and

(iii)     The Court may make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances; or

(b)     In all other circumstances:

(i)     Order disclosure; or

(ii)     To the extent it does not order disclosure, make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances.

Article 73

Third-party information or documents

            If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.

Article 74

Requirements for the decision

1.         All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending.

2.         The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial.

3.         The judges shall attempt to achieve unanimity in their decision, failing which the decision shall be taken by a majority of the judges.

4.         The deliberations of the Trial Chamber shall remain secret.

5.         The decision shall be in writing and shall contain a full and reasoned statement of the Trial Chamber's findings on the evidence and conclusions. The Trial Chamber shall issue one decision. When there is no unanimity, the Trial Chamber's decision shall contain the views of the majority and the minority. The decision or a summary thereof shall be delivered in open court.

Article 75

Reparations to victims

1.         The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.

2.         The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation.

            Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.

3.         Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.

4.         In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.

5.         A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.

6.         Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Article 76

Sentencing

1.         In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.

2.         Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.

3.         Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.

4.         The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

PART 7. PENALTIES

Article 77

Applicable penalties

1.         Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a)     Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b)     A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2.         In addition to imprisonment, the Court may order:

(a)     A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b)     A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.

Article 78

Determination of the sentence

1.         In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.

2.         In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

3.         When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).

Article 79

Trust Fund

1.         A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.

2.         The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.

3.         The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.

Article 80

Non-prejudice to national application of

penalties and national laws

            Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part.

PART 8. APPEAL AND REVISION

Article 81

Appeal against decision of acquittal or conviction

or against sentence

1.         A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:

(a)     The Prosecutor may make an appeal on any of the following grounds:

(i)     Procedural error,

(ii)     Error of fact, or

(iii)     Error of law;

(b)     The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:

(i)     Procedural error,

(ii)     Error of fact,

(iii)     Error of law, or

(iv)     Any other ground that affects the fairness or reliability of the proceedings or decision.

2.         (a)      A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;

            (b)      If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;

            (c)      The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).

3.         (a)      Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;

            (b)      When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;

            (c)      In case of an acquittal, the accused shall be released immediately, subject to the following:

(i)     Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;

(ii)     A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.

4.         Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.

Article 82

Appeal against other decisions

1.         Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:

(a)     A decision with respect to jurisdiction or admissibility;

(b)     A decision granting or denying release of the person being investigated or prosecuted;

(c)     A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;

(d)     A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.

2.         A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.

3.     An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.

4.     A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.

Article 83

Proceedings on appeal

1.         For the purposes of proceedings under article 81 and this article, the Appeals Chamber shall have all the powers of the Trial Chamber.

2.         If the Appeals Chamber finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may:

(a)     Reverse or amend the decision or sentence; or

(b)     Order a new trial before a different Trial Chamber.

            For these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue. When the decision or sentence has been appealed only by the person convicted, or the Prosecutor on that person's behalf, it cannot be amended to his or her detriment.

3.         If in an appeal against sentence the Appeals Chamber finds that the sentence is disproportionate to the crime, it may vary the sentence in accordance with Part 7.

4.         The judgment of the Appeals Chamber shall be taken by a majority of the judges and shall be delivered in open court. The judgment shall state the reasons on which it is based. When there is no unanimity, the judgment of the Appeals Chamber shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law.

5.         The Appeals Chamber may deliver its judgment in the absence of the person acquitted or convicted.

Article 84

Revision of conviction or sentence

1.         The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgment of conviction or sentence on the grounds that:

(a)     New evidence has been discovered that:

(i)     Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and

(ii)     Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;

(b)     It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;

(c)     One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.

2.        The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:

(a)     Reconvene the original Trial Chamber;

(b)     Constitute a new Trial Chamber; or

(c)     Retain jurisdiction over the matter,

with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgment should be revised.

Article 85

Compensation to an arrested or convicted person

1.         Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

2.         When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.

3.         In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.

PART 9. INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE

Article 86

General obligation to cooperate

            States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.

Article 87

Requests for cooperation: general provisions

1.         (a)     The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession.

            Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.

            (b)     When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.

2.         Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession.

            Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.

3.         The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.

4.         In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.

5.         (a)     The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.

            (b)     Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.

6.         The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.

7.         Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.

Article 88

Availability of procedures under national law

            States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.

Article 89

Surrender of persons to the Court

1.         The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

2.         Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.

3.         (a)     A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.

            (b)     A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:

(i)     A description of the person being transported;

(ii)    A brief statement of the facts of the case and their legal characterization; and

(iii)    The warrant for arrest and surrender;

            (c)     A person being transported shall be detained in custody during the period of transit;

            (d)     No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;

            (e)     If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.

4.         If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.

Article 90

Competing requests

1.         A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.

2.         Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:

(a)     The Court has, pursuant to article 18 or 19, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or

(b)     The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.

3.         Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.

4.         If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.

5.         Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.

6.         In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:

(a)     The respective dates of the requests;

(b)     The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and

(c)     The possibility of subsequent surrender between the Court and the requesting State.

7.         Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:

(a)     The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;

(b)     The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.

8.         Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.

Article 91

Contents of request for arrest and surrender

1.         A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).

2.         In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:

(a)     Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b)     A copy of the warrant of arrest; and

(c)     Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.

3.         In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:

(a)     A copy of any warrant of arrest for that person;

(b)     A copy of the judgment of conviction;

(c)     Information to demonstrate that the person sought is the one referred to in the judgment of conviction; and

(d)     If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.

4.         Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 92

Provisional arrest

1.         In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2.         The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a)     Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b)     A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c)     A statement of the existence of a warrant of arrest or a judgment of conviction against the person sought; and

(d)     A statement that a request for surrender of the person sought will follow.

3.         A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4.         The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.

Article 93

Other forms of cooperation

1.         States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a)     The identification and whereabouts of persons or the location of items;

(b)     The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c)     The questioning of any person being investigated or prosecuted;

(d)     The service of documents, including judicial documents;

(e)     Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f)     The temporary transfer of persons as provided in paragraph 7;

(g)     The examination of places or sites, including the exhumation and examination of grave sites;

(h)     The execution of searches and seizures;

(i)     The provision of records and documents, including official records and documents;

(j)     The protection of victims and witnesses and the preservation of evidence;

(k)     The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l)     Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

2.         The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.

3.         Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.

4.         In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.

5.         Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.

6.         If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.

7.         (a)     The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:

(i)     The person freely gives his or her informed consent to the transfer; and

(ii)     The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.

            (b)     The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.

8.         (a)     The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

            (b)     The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

            (c)     The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.

9.         (a)     (i)     In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavor, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.

                    (ii)     Failing that, competing requests shall be resolved in accordance with the principles established in article 90.

            (b)     Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.

10.       (a)     The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.

            (b)     (i)     The assistance provided under subparagraph (a) shall include, inter alia:

a.    The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and

b.     The questioning of any person detained by order of the Court;

                        (ii)     In the case of assistance under subparagraph (b) (i) a:

a.     If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;

b.     If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.

            (c)     The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.

Article 94

Postponement of execution of a request in respect of ongoing investigation or prosecution

1.         If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2.         If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article 95

Postponement of execution of a request in respect of an admissibility challenge

            Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.

Article 96

Contents of request for other forms of assistance under article 93

1.         A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).

2.         The request shall, as applicable, contain or be supported by the following:

(a)     A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;

(b)     As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;

(c)     A concise statement of the essential facts underlying the request;

(d)     The reasons for and details of any procedure or requirement to be followed;

(e)     Such information as may be required under the law of the requested State in order to execute the request; and

(f)     Any other information relevant in order for the assistance sought to be provided.

3.         Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

4.         The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.

Article 97

Consultations

            Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a)     Insufficient information to execute the request;

(b)     In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c)     The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.

Article 98

Cooperation with respect to waiver of immunity and consent to surrender

1.         The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.

2.         The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

Article 99

Execution of requests under articles 93 and 96

1.         Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.

2.         In the case of an urgent request, the documents or evidence produced in response shall, at the request of the Court, be sent urgently.

3.         Replies from the requested State shall be transmitted in their original language and form.

4.         Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:

(a)     When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;

(b)     In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

5.         Provisions allowing a person heard or examined by the Court under article 72 to invoke restrictions designed to prevent disclosure of confidential information connected with national security shall also apply to the execution of requests for assistance under this article.

Article 100

Costs

1.         The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:

(a)     Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;

(b)     Costs of translation, interpretation and transcription;

(c)     Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;

(d)     Costs of any expert opinion or report requested by the Court;

(e)     Costs associated with the transport of a person being surrendered to the Court by a custodial State; and

(f)     Following consultations, any extraordinary costs that may result from the execution of a request.

2.         The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.

Article 101

Rule of speciality

1.         A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.

2.         The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavor to do so.

Article 102

Use of terms

        For the purposes of this Statute:

        (a)     "surrender" means the delivering up of a person by a State to the Court, pursuant to this Statute.

        (b)     "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.

PART 10. ENFORCEMENT

Article 103

Role of States in enforcement of sentences of imprisonment

1.         (a)     A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.

            (b)     At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.

            (c)     A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.

2.         (a)     The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.

            (b)     Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.

3.         In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

            (a)     The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;

            (b)     The application of widely accepted international treaty standards governing the treatment of prisoners;

            (c)     The views of the sentenced person;

            (d)     The nationality of the sentenced person;

            (e)     Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.

4.         If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104

Change in designation of State of enforcement

1.         The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2.         A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105

Enforcement of the sentence

1.         Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2.         The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106

Supervision of enforcement of sentences and conditions of imprisonment

1.         The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2.         The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favorable than those available to prisoners convicted of similar offences in the State of enforcement.

3.         Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 107

Transfer of the person upon completion of sentence

1.         Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.

2.         If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.

3.         Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.

Article 108

Limitation on the prosecution or punishment of other offences

1.         A sentenced person in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person's delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the State of enforcement.

2.         The Court shall decide the matter after having heard the views of the sentenced person.

3.         Paragraph 1 shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of the State of enforcement after having served the full sentence imposed by the Court, or returns to the territory of that State after having left it.

Article 109

Enforcement of fines and forfeiture measures

1.         States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2.         If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3.         Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgment of the Court shall be transferred to the Court.

Article 110

Review by the Court concerning reduction of sentence

1.         The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.

2.         The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.

3.         When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.

4.         In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:

(a)     The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;

(b)     The voluntary assistance of the person in enabling the enforcement of the judgments and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or

(c)     Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.

5.         If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.

Article 111

Escape

            If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.

PART 11. ASSEMBLY OF STATES PARTIES

Article 112

Assembly of States Parties

1.         An Assembly of States Parties to this Statute is hereby established. Each State Party shall have one representative in the Assembly who may be accompanied by alternates and advisers. Other States which have signed this Statute or the Final Act may be observers in the Assembly.

2.         The Assembly shall:

(a)     Consider and adopt, as appropriate, recommendations of the Preparatory Commission;

(b)     Provide management oversight to the Presidency, the Prosecutor and the Registrar regarding the administration of the Court;

(c)     Consider the reports and activities of the Bureau established under paragraph 3 and take appropriate action in regard thereto;

(d)     Consider and decide the budget for the Court;

(e)     Decide whether to alter, in accordance with article 36, the number of judges;

(f)     Consider pursuant to article 87, paragraphs 5 and 7, any question relating to non-cooperation;

(g)     Perform any other function consistent with this Statute or the Rules of Procedure and Evidence.

3.          (a)     The Assembly shall have a Bureau consisting of a President, two Vice-Presidents and 18 members elected by the Assembly for three-year terms.

             (b)     The Bureau shall have a representative character, taking into account, in particular, equitable geographical distribution and the adequate representation of the principal legal systems of the world.

            (c)     The Bureau shall meet as often as necessary, but at least once a year. It shall assist the Assembly in the discharge of its responsibilities.

4.         The Assembly may establish such subsidiary bodies as may be necessary, including an independent oversight mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy.

5.         The President of the Court, the Prosecutor and the Registrar or their representatives may participate, as appropriate, in meetings of the Assembly and of the Bureau.

6.         The Assembly shall meet at the seat of the Court or at the Headquarters of the United Nations once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States Parties.

7.         Each State Party shall have one vote. Every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau. If consensus cannot be reached, except as otherwise provided in the Statute:

(a)     Decisions on matters of substance must be approved by a two-thirds majority of those present and voting provided that an absolute majority of States Parties constitutes the quorum for voting;

(b)     Decisions on matters of procedure shall be taken by a simple majority of States Parties present and voting.

8.         A State Party which is in arrears in the payment of its financial contributions towards the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may, nevertheless, permit such a State Party to vote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party.

9.         The Assembly shall adopt its own rules of procedure.

10.         The official and working languages of the Assembly shall be those of the General Assembly of the United Nations.

PART 12. FINANCING

Article 113

Financial Regulations

            Except as otherwise specifically provided, all financial matters related to the Court and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be governed by this Statute and the Financial Regulations and Rules adopted by the Assembly of States Parties.

Article 114

Payment of expenses

            Expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court.

Article 115

Funds of the Court and of the Assembly of States Parties

            The expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as provided for in the budget decided by the Assembly of States Parties, shall be provided by the following sources:

(a)     Assessed contributions made by States Parties;

(b)     Funds provided by the United Nations, subject to the approval of the General Assembly, in particular in relation to the expenses incurred due to referrals by the Security Council.

Article 116

Voluntary contributions

            Without prejudice to article 115, the Court may receive and utilize, as additional funds, voluntary contributions from Governments, international organizations, individuals, corporations and other entities, in accordance with relevant criteria adopted by the Assembly of States Parties. 

Article 117

Assessment of contributions

            The contributions of States Parties shall be assessed in accordance with an agreed scale of assessment, based on the scale adopted by the United Nations for its regular budget and adjusted in accordance with the principles on which that scale is based.

Article 118

Annual audit

            The records, books and accounts of the Court, including its annual financial statements, shall be audited annually by an independent auditor.

PART 13. FINAL CLAUSES

Article 119

Settlement of disputes

1.         Any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court.

2.         Any other dispute between two or more States Parties relating to the interpretation or application of this Statute which is not settled through negotiations within three months of their commencement shall be referred to the Assembly of States Parties. The Assembly may itself seek to settle the dispute or may make recommendations on further means of settlement of the dispute, including referral to the International Court of Justice in conformity with the Statute of that Court.

Article 120

Reservations

            No reservations may be made to this Statute.

Article 121

Amendments

1.         After the expiry of seven years from the entry into force of this Statute, any State Party may propose amendments thereto. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall promptly circulate it to all States Parties.

2.         No sooner than three months from the date of notification, the Assembly of States Parties, at its next meeting, shall, by a majority of those present and voting, decide whether to take up the proposal. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants.

3.         The adoption of an amendment at a meeting of the Assembly of States Parties or at a Review Conference on which consensus cannot be reached shall require a two-thirds majority of States Parties.

4.         Except as provided in paragraph 5, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance have been deposited with the Secretary-General of the United Nations by seven-eighths of them.

5.         Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party's nationals or on its territory.

6.         If an amendment has been accepted by seven-eighths of States Parties in accordance with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such amendment.

7.         The Secretary-General of the United Nations shall circulate to all States Parties any amendment adopted at a meeting of the Assembly of States Parties or at a Review Conference.

Article 122

Amendments to provisions of an institutional nature

1.         Amendments to provisions of this Statute which are of an exclusively institutional nature, namely, article 35, article 36, paragraphs 8 and 9, article 37, article 38, article 39, paragraphs 1 (first two sentences), 2 and 4, article 42, paragraphs 4 to 9, article 43, paragraphs 2 and 3, and articles 44, 46, 47 and 49, may be proposed at any time, notwithstanding article 121, paragraph 1, by any State Party. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or such other person designated by the Assembly of States Parties who shall promptly circulate it to all States Parties and to others participating in the Assembly.

2.         Amendments under this article on which consensus cannot be reached shall be adopted by the Assembly of States Parties or by a Review Conference, by a two-thirds majority of States Parties. Such amendments shall enter into force for all States Parties six months after their adoption by the Assembly or, as the case may be, by the Conference.

Article 123

Review of the Statute

1.         Seven years after the entry into force of this Statute the Secretary-General of the United Nations shall convene a Review Conference to consider any amendments to this Statute. Such review may include, but is not limited to, the list of crimes contained in article 5. The Conference shall be open to those participating in the Assembly of States Parties and on the same conditions.

2.         At any time thereafter, at the request of a State Party and for the purposes set out in paragraph 1, the Secretary-General of the United Nations shall, upon approval by a majority of States Parties, convene a Review Conference.

3.         The provisions of article 121, paragraphs 3 to 7, shall apply to the adoption and entry into force of any amendment to the Statute considered at a Review Conference.

Article 124

Transitional Provision

            Notwithstanding article 12, paragraphs 1 and 2, a State, on becoming a party to this Statute, may declare that, for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by its nationals or on its territory. A declaration under this article may be withdrawn at any time. The provisions of this article shall be reviewed at the Review Conference convened in accordance with article 123, paragraph 1.

Article 125

Signature, ratification, acceptance, approval or accession

1.         This Statute shall be open for signature by all States in Rome, at the headquarters of the Food and Agriculture Organization of the United Nations, on 17 July 1998. Thereafter, it shall remain open for signature in Rome at the Ministry of Foreign Affairs of Italy until 17 October 1998. After that date, the Statute shall remain open for signature in New York, at United Nations Headquarters, until 31 December 2000.

2.         This Statute is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

3.         This Statute shall be open to accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 126

Entry into force

1.         This Statute shall enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.

2.         For each State ratifying, accepting, approving or acceding to this Statute after the deposit of the 60th instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first day of the month after the 60th day following the deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article 127

Withdrawal

1.         A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

2.         A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.

Article 128

Authentic texts

            The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

            IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Statute.

DONE at Rome, this 17th day of July 1998.

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Appendix f

The Madinah Charter/Constitution

In the name of God, the Compassionate, the Merciful

1. This agreement of Allah’s Prophet, Muhammad, shall apply to the immigrants, Quraysh, the citizens of Yathrib who have accepted Islam, and all such people who are in agreement with the above-mentioned bodies and side with them in war.

2. Those who are a party to this agreement shall be treated as а body separate from all those who are not a party to this agreement.

3. The Quraysh migrants are in themselves a party and as in the past shall be responsible for the payment of blood money on behalf of their criminals and shall themselves have their prisoners freed after the payment of ransom. All this process shall be in accordance with the principles of belief and justice.

4. Banu Auf shall be responsible for their own tribe and shall equally pay their blood money, in accordance with article З, and shall themselves be responsible for ransoming their prisoners. All this work shall be completed in conformity with the principles of honesty and justice.

5. Banu al-Harith shall be responsible for their own tribe and shall jointly pay their blood money, in accordance with article З, and shall themselves be responsible for ransoming their prisoners. All this work shall be completed in conformity with the principles of honesty and justice.

6. Banu Sa’idah shall be responsible for their own tribe and shall jointly pay their blood money, in accordance with article 3, and shall themselves be responsible for ransoming their prisoners. All this work shall be completed in conformity with the principles of honesty and justice.

7. Banu Jusham shall be responsible for their own tribe and shall jointly pay their blood money, in accordance with article 3, and shall themselves be responsible for ransoming their prisoners. All this work shall be completed in conformity with the principles of honesty and justice.

8. Banu al-Najjar shall be responsible for their own tribe and shall jointly pay their blood money, in accordance with article 3, and shall themselves be responsible for ransoming their prisoners. All this work shall be completed in conformity with the principles of honesty and justice.

9. Banu Amr shall be responsible for their own tribe and shall jointly pay their blood money, in accordance with article 3, and shall themselves be responsible for ransoming their prisoners. All this work shall be completed in conformity with the principles of honesty and justice.

10. Banu al-Wabiyyat shall be responsible for their own tribe and shall jointly pay their blood money, in accordance with article 3, and shall themselves be responsible for ransoming their prisoners. All this work shall be completed in conformity with the principles of honesty and justice.

11. Banu al-Aus shall be responsible for their own tribe and shall jointly pay their blood money, in accordance with article З, and shall themselves be responsible for ransoming their prisoners. All this work shall be completed in conformity with the principles of honesty and justice.

12. If an indigent person from among the Muslims is guilty of an offense in which blood money becomes due or if а Muslim is taken prisoner and is unable to pay ransom, it shall be incumbent on other Muslims to pay blood money or ransom on his behalf, so as to create virtue and sympathy among the Muslims.

13. No Muslim shall be hostile to а slave set free by another Muslim.

14. It shall be the duty of the Muslims to oppose openly any person who makes mischief, foments riots, makes trouble for people, forcibly takes the property of others, or oppresses others. All the Muslims shall remain united in punishing such a person, even if he is the son of one of their own.

15. Taking the side of an infidel (who is at war), no Muslim shall have the right to kill another Muslim or assist a person who is at war with the Muslims.

16. The promise of Allah, and responsibility and protection for all have the same meaning. This means that if a Muslim gives refuge to someone, it shall be incumbent on all Muslims to honor it regardless of the social status of the Muslim providing refuge. All the Muslims are brethren to one another.

17. It is incumbent on all the Muslims to help and treat sympathetically the Jews who have entered into an agreement with the Muslims. Likewise, the Jews are not to be oppressed in any manner, and neither should their enemy be helped against them.

18. The truce of all the Muslims shall be one: When there is а war the way of Allah, none of the Muslims shall leave aside other Muslims to enter into а peace treaty with an enemy, unless the treaty includes all the Muslims.

19. All the groups who participate in war along with the Muslims shall be afforded an opportunity to rest by turns.

20. The provision of subsistence to the dependants of а Muslim who is martyred in the way of Allah shall be the responsibility of all the Muslims.

21. No doubt all the God-fearing and devout Muslims are on the right path and are the followers of the best way of life.

22. No non-Muslim who is а party to this agreement shall provide refuge to the person or property of any member of Quraysh; no non-Muslim shall assist any other non-Muslim against а Muslim.

23. If someone murders a Muslim and there is a proof against him, the murderer shall be punished. But if the next of kin is prepared to accept blood money, the murderer can be set free after payment. Without any exception, it shall be obligatory on all the Muslims to observe this injunction. Nothing other than the prescribed injunctions shall be acceptable.

24. For а Muslim who accepts the treaty and agrees to abide by it and who believes in Allah and the Day of Judgment, it is permissible neither to create a new practice nor to have dealings with any person who does not respect this treaty. On the Day of Judgment, the curse and wrath of Allah shall descend upon whoever infringes upon this injunction, and no excuse or request for forgiveness shall be accepted by Allah.

25. When there arises a difference of opinion about anything in this agreement, the matter shall be referred for а decision to Allah and Muhammad.

26. After the treaty, it shall be obligatory on the Jews to render financial assistance to the Muslims when they are at war with an enemy.

27. The Jews of Banu Auf, who are а party to this agreement and who are supporters of the Muslims, shall adhere to their religion and the Muslims to theirs. Excepting religious matters, the Muslims and the Jews shall be regarded as belonging to а single party. Anyone from among them who commits an outrage or breaks а promise or is guilty of а crime shall deserve punishment for his crime.

28. The Jews of Banu an-Naj jar, who are а party to this agreement and who are supporters of the Muslims, shall adhere to their religion and the Muslims to theirs. Excepting religious matters, the Muslims and the Jews shall be regarded as belonging to a single party. Anyone from among them who commits an outrage or breaks а promise or is guilty of а crime shall deserve punishment for his crime.

29. The Jews of Banu al-Harith, who are a party to this agreement and who are supporters of the Muslims, shall adhere to their religion and the Muslims to theirs. Excepting religious matters, the Muslims and the Jews shall be regarded as belonging to а single party. Anyone from among them who commits an outrage or breaks а promise or is guilty of a crime shall deserve punishment for his crime.

30. The Jews of Banu Sa’idah, who are а party to this agreement and who are supporters of the Muslims, shall adhere to their religion and the Muslims to theirs. Excepting religious matters, the Muslims and the Jews shall be regarded as belonging to a single party. Anyone from among them who commits an outrage or breaks а promise or is guilty of a crime shall deserve punishment for his crime.

31. The Jews of Banu Hashm, who are а party to this agreement and who are supporters of the Muslims, shall adhere to their religion and the Muslims to theirs. Excepting religious matters, the Muslims and the Jews shall be regarded as belonging to а single party. Anyone from among them who commits an outrage or breaks а promise or is guilty of а crime shall deserve punishment for his crime.

32. The Jews of Banu al-Aus, who are а party to this agreement and who are supporters of the Muslims, shall adhere to their religion and the Muslims to theirs. Excepting religious matters, the Muslims and the Jews shall be regarded as belonging to а single party. Anyone from among them who commits an outrage or breaks a promise or is guilty of a crime shall deserve punishment for his crime.

33. The Jews of Banu Tha'alabah, who are а party to this agreement and who are the supporters of the Muslims, shall adhere to their religion and the Muslims to theirs. Excepting religious matters, the Muslims and the Jews shall be regarded as belonging to а single party. Anyone from among them who commits an outrage or breaks a promise or is guilty of а crime shall deserve punishment for his crime.

34. The Jews of Banu Jafnah, who are а party to this agreement and who are supporters of the Muslims, shall adhere to their religion and the Muslims to theirs. Excepting religious matters, the Muslims and the Jews shall be regarded as belonging to a single party. Anyone from among them who commits an outrage or breaks a promise or is guilty of а crime shall deserve punishment for his crime.

35. The Jews of Banu al-Shotaybah, who are а party to this agreement and who are supporters of the Muslims, shall adhere to their religion and the Muslims to theirs. Excepting religious matters, the Muslims and the Jews shall be regarded as belonging to а single party. Anyone from among them who commits an outrage or breaks a promise or is guilty of а crime shall deserve punishment for his crime.

36. The subordinate branches of the above-mentioned tribes shall have the same rights as are enjoyed by the parties themselves.

37. None of the parties to the treaty shall take any military action out the permission of Mohammed.

38. No hindrance shall be created in the requital of an injury. Whoever commits а breach of promise shall deserve punishment for it, and Allah will help whoever abides faithfully by this agreement.

39. If a third community wages war against the Muslims or the Jewish treaty makers, they will have to fight united. They shall help each other, and there shall be goodwill and faithfulness between them. The Jews shall bear their expenses of war and the Muslim their expenses.

40. It is incumbent on the parties to the agreement to treat each other sincerely and to wish each other well. None shall subject any other to oppression or injustice, and the oppressed shall be helped.

41. The Jews shall share the expenses along with the Muslims as long as they fight jointly.

42. The plain of Yathrib, which is surrounded by hills, shall be a haram for the partners to the treaty.

43. The same treatment to which а person giving refuge is entitled shall be given to the one seeking refuge with him; he shall not be harmed. А refugee shall abide by this agreement and shall not be permitted to break а promise.

44. No one shall be provided refuge without the permission of the people of that place.

45. If there is any occurrence or difference of opinion among the parties to the treaty that might result in a breach of peace, the matter shall be referred for a decision to Allah and Mohammed, the Prophet of Allah. Allah will be with the one who carefully observes this treaty.

46. None shall provide protection to the Quraysh of Mecca or to any of their allies.

47. If Yathrib (Madinah) is invaded, the Muslims and the Jews shall put up а joint defense.

48. If the Muslims make а peace treaty with someone, the Jews shall abide by it. If the Jews make peace with someone, it shall be obligatory on the Muslims to extend similar cooperation to the Jews. However, in the case of a religious war of a party, it shall not be the responsibility of the other party to participate.

49. In the case of an invasion of Madinah, every party will have to defend the area that is in front of it.

50. The allies of the tribe of Banu al-Aus shall have the same rights as are enjoyed by the parties to this treaty, provided they too show their loyalty. Allah is the supporter and helper of whoever faithfully observes this treaty.

51. If any of the parties to this treaty has to leave Madinah on account of the exigencies of war, that party shall be entitled to peace and protection; whoever stays in Madinah shall also be entitled to peace. No one shall be oppressed nor shall breach of promise be permissible. Allah and His Prophet are the protectors of whoever respects and abides by this agreement.

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Appendix G

Universal Islamic Declaration of Human Rights

(19 September 1981)

This is a declaration for mankind, a guidance and instruction to those who fear God.[Al Qur'an, al-Imran 3:138]

Foreword

Islam gave to mankind an ideal code of human rights fourteen centuries ago. These rights aim at conferring honor and dignity on mankind and eliminating exploitation, oppression and injustice.

Human rights in Islam are firmly rooted in the belief that God, and God alone, is the Law Giver and the Source of all human rights. Due to their Divine origin, no ruler, government, assembly or authority can curtail or violate in any way the human rights conferred by God, nor can they be surrendered.

Human rights in Islam are an integral part of the overall Islamic order and it is obligatory on all Muslim governments and organs of society to implement them in letter and in spirit within the framework of that order.

It is unfortunate that human rights are being trampled upon with impunity in many countries of the world, including some Muslim countries. Such violations are a matter of serious concern and are arousing the conscience of more and more people throughout the world.

I sincerely hope that this Declaration of Human Rights will give a powerful impetus to the Muslim peoples to stand firm and defend resolutely and courageously the rights conferred on them by God.

This Declaration of Human Rights is the second fundamental document proclaimed by the Islamic Council to mark the beginning of the 15th Century of the Islamic era, the first being the Universal Islamic Declaration announced at the International Conference on The Prophet Muhammad (peace and blessings be upon him) and his Message, held in London from 12 to 15 April 1980.

The Universal Islamic Declaration of Human Rights is based on the Qur'an and the Sunnah and has been compiled by eminent Muslim scholars, jurists and representatives of Islamic movements and thought. May God reward them all for their efforts and guide us along the right path.

Paris 21 Dhul Qaidah 1401 Salem Azzam

19th September 1981 Secretary General

O men! Behold, We have created you all out of a male and a female, and have made you into nations and tribes, so that you might come to know one another. Verily, the noblest of you in the sight of God is the one who is most deeply conscious of Him. Behold, God is all-knowing, all aware.

(Al Qur'an, al-Hujurat 49:13)

Preamble

WHEREAS the age-old human aspiration for a just world order wherein people could live, develop and prosper in an environment free from fear, oppression, exploitation and deprivation, remains largely unfulfilled;

WHEREAS the Divine Mercy unto mankind reflected in its having been endowed with super-abundant economic sustenance is being wasted, or unfairly or unjustly withheld from the inhabitants of the earth;

WHEREAS God (God) has given mankind through His revelations in the Qur’an and the Sunnah of His Blessed Prophet Muhammad an abiding legal and moral framework within which to establish and regulate human institutions and relationships;

WHEREAS the human rights decreed by the Divine Law aim at conferring dignity and honor on mankind and are designed to eliminate oppression and injustice;

WHEREAS by virtue of their Divine source and sanction these rights can neither be curtailed, abrogated or disregarded by authorities, assemblies or other institutions, nor can they be surrendered or alienated;

Therefore we, as Muslims, who believe

a) in God, the Beneficent and Merciful, the Creator, the Sustainer, the Sovereign, the sole Guide of mankind and the Source of all Law;

b) in the Vicegerency (Khiláfah) of man who has been created to fulfill the Will of God on earth;

c) in the wisdom of Divine guidance brought by the Prophets, whose mission found its culmination in the final Divine message that was conveyed by the Prophet Muhammad (Peace be upon him) to all mankind;

d) that rationality by itself without the light of revelation from God can neither be a sure guide in the affairs of mankind nor provide spiritual nourishment to the human soul, and, knowing that the teachings of Islam represent the quintessence of Divine guidance in its final and perfect form, feel duty-bound to remind man of the high status and dignity bestowed on him by God;

e) In inviting all mankind to the message of Islam;

f) That by the terms of our primeval covenant with God our duties and obligations have priority over our rights, and that each one of us is under a bounden duty to spread the teachings of Islam by word, deed, and indeed in all gentle ways, and to make them effective not only in our individual lives but also in the society around us;

g) In our obligation to establish an Islamic order:

i) Wherein all human beings shall be equal and none shall enjoy a privilege or suffer a disadvantage or discrimination by reason of race, color, sex, origin or language;

ii) Wherein all human beings are born free;

iii) Wherein slavery and forced labor are abhorred;

iv) Wherein conditions shall be established such that the institution of family shall be preserved, protected and honored as the basis of all social life;

v) Wherein the rulers and the ruled alike are subject to, and equal before, the Law;

vi) Wherein obedience shall be rendered only to those commands that are in consonance with the Law;

vii) Wherein all worldly power shall be considered as a sacred trust, to be exercised within the limits prescribed by the Law and in a manner approved by it, and with due regard for the priorities fixed by it;

viii) Wherein all economic resources shall be treated as Divine blessings bestowed upon mankind, to be enjoyed by all in accordance with the rules and the values set out in the Qur’an and the Sunnah;

ix) Wherein all public affairs shall be determined and conducted, and the authority to administer them shall be exercised after mutual consultation (Shúrá) between the believers qualified to contribute to a decision which would accord well with the Law and the public good;

x) Wherein everyone shall undertake obligations proportionate to his capacity and shall be held responsible pro rata for his deeds;

xi) Wherein everyone shall, in case of an infringement of his rights, be assured of appropriate remedial measures in accordance with the Law;

xii) Wherein no one shall be deprived of the rights assured to him by the Law except by its authority and to the extent permitted by it;

xiii) Wherein every individual shall have the right to bring legal action against anyone who commits a crime against society as a whole or against any of its members;

xiv) Wherein every effort shall be made to

(a) Secure unto mankind deliverance from every type of exploitation, injustice and oppression,

(b) Ensure to everyone security, dignity and liberty in terms set out and by methods approved and within the limits set by the Law;

Do hereby, as servants of God and as members of the Universal Brotherhood of Islam, at the beginning of the Fifteenth Century of the Islamic Era, affirm our commitment to uphold the following inviolable and inalienable human rights that we consider are enjoined by Islam.

I Right to Life

a) Human life is sacred and inviolable and every effort shall be made to protect it. In particular no one shall be exposed to injury or death, except under the authority of the Law.

b) Just as in life, so also after death, the sanctity of a person's body shall be inviolable. It is the obligation of believers to see that a deceased person's body is handled with due solemnity.

II Right to Freedom

a) Man is born free. No inroads shall be made on his right to liberty except under the authority and in due process of the Law.

b) Every individual and every people has the inalienable right to freedom in all its forms physical, cultural, economic and political — and shall be entitled to struggle by all available means against any infringement or abrogation of this right; and every oppressed individual or people has a legitimate claim to the support of other individuals and/or peoples in such a struggle.

III Right to Equality and Prohibition against Impermissible Discrimination

a) All persons are equal before the Law and are entitled to equal opportunities and protection of the Law.

b) All persons shall be entitled to equal wage for equal work.

c ) No person shall be denied the opportunity to work or be discriminated against in any manner or exposed to greater physical risk by reason of religious belief, color, race, origin, sex or language.

IV Right to Justice

a) Every person has the right to be treated in accordance with the Law, and only in accordance with the Law.

b) Every person has not only the right but also the obligation to protest against injustice; to recourse to remedies provided by the Law in respect of any unwarranted personal injury or loss; to self-defense against any charges that are preferred against him and to obtain fair adjudication before an independent judicial tribunal in any dispute with public authorities or any other person.

c) It is the right and duty of every person to defend the rights of any other person and the community in general (Hisbah).

d) No person shall be discriminated against while seeking to defend private and public rights.

e) It is the right and duty of every Muslim to refuse to obey any command which is contrary to the Law, no matter by whom it may be issued.

V Right to Fair Trial

a) No person shall be adjudged guilty of an offence and made liable to punishment except after proof of his guilt before an independent judicial tribunal.

b) No person shall be adjudged guilty except after a fair trial and after reasonable opportunity for defense has been provided to him.

c) Punishment shall be awarded in accordance with the Law, in proportion to the seriousness of the offence and with due consideration of the circumstances under which it was committed.

d) No act shall be considered a crime unless it is stipulated as such in the clear wording of the Law.

e) Every individual is responsible for his actions. Responsibility for a crime cannot be vicariously extended to other members of his family or group, who are not otherwise directly or indirectly involved in the commission of the crime in question.

VI Right to Protection Against Abuse of Power

Every person has the right to protection against harassment by official agencies. He is not liable to account for himself except for making a defense to the charges made against him or where he is found in a situation wherein a question regarding suspicion of his involvement in a crime could be reasonably raised

VII Right to Protection Against Torture

No person shall be subjected to torture in mind or body, or degraded, or threatened with injury either to himself or to anyone related to or held dear by him, or forcibly made to confess to the commission of a crime, or forced to consent to an act which is injurious to his interests.

VIII Right to Protection of Honor and Reputation

Every person has the right to protect his honor and reputation against calumnies, groundless charges or deliberate attempts at defamation and blackmail.

IX Right to Asylum

a) Every persecuted or oppressed person has the right to seek refuge and asylum. This right is guaranteed to every human being irrespective of race, religion, color and sex.

b) Al Masjid Al Haram (the sacred house of God) in Mecca is a sanctuary for all Muslims.

X Rights of Minorities

a) The Qur'anic principle "There is no compulsion in religion" shall govern the religious rights of non-Muslim minorities.

b) In a Muslim country religious minorities shall have the choice to be governed in respect of their civil and personal matters by Islamic Law, or by their own laws.

XI Right and Obligation to Participate in the Conduct and Management of Public Affairs

a) Subject to the Law, every individual in the community (Ummah) is entitled to assume public office.

b) Process of free consultation (Shúrá) is the basis of the administrative relationship between the government and the people. People also have the right to choose and remove their rulers in accordance with this principle.

XII Right to Freedom of Belief, Thought and Speech

a) Every person has the right to express his thoughts and beliefs so long as he remains within the limits prescribed by the Law. No one, however, is entitled to disseminate falsehood or to circulate reports which may outrage public decency, or to indulge in slander, innuendo or to cast defamatory aspersions on other persons.

b) Pursuit of knowledge and search after truth is not only a right but a duty of every Muslim.

c) It is the right and duty of every Muslim to protest and strive (within the limits set out by the Law) against oppression even if it involves challenging the highest authority in the state.

d) There shall be no bar on the dissemination of information provided it does not endanger the security of the society or the state and is confined within the limits imposed by the Law.

e) No one shall hold in contempt or ridicule the religious beliefs of others or incite public hostility against them; respect for the religious feelings of others is obligatory on all Muslims.

XIII Right to Freedom of Religion

Every person has the right to freedom of conscience and worship in accordance with his religious beliefs.

XIV Right to Free Association

a) Every person is entitled to participate individually and collectively in the religious, social, cultural and political life of his community and to establish institutions and agencies meant to enjoin what is right (ma'roof) and to prevent what is wrong (munkar).

b) Every person is entitled to strive for the establishment of institutions whereunder an enjoyment of these rights would be made possible. Collectively, the community is obliged to establish conditions so as to allow its members full development of their personalities.

XV The Economic Order and the Rights Evolving Therefrom

a) In their economic pursuits, all persons are entitled to the full benefits of nature and all its resources. These are blessings bestowed by God for the benefit of mankind as a whole.

b) All human beings are entitled to earn their living according to the Law.

c) Every person is entitled to own property individually or in association with others. State ownership of certain economic resources in the public interest is legitimate.

d) The poor have the right to a prescribed share in the wealth of the rich, as fixed by Zakah, levied and collected in accordance with the Law.

e) All means of production shall be utilized in the interest of the community (Ummah) as a whole, and may not be neglected or misused.

f) In order to promote the development of a balanced economy and to protect society from exploitation, Islamic Law forbids monopolies, unreasonable restrictive trade practices, usury, the use of coercion in the making of contracts and the publication of misleading advertisements.

g) All economic activities are permitted provided they are not detrimental to the interests of the community (Ummah) and do not violate Islamic laws and values.

XVI Right to Protection of Property

No property may be expropriated except in the public interest and on payment of fair and adequate compensation.

XVII Status and Dignity of Workers

Islam honors work and the worker and enjoins Muslims not only to treat the worker justly but also generously. He is not only to be paid his earned wages promptly, but is also entitled to adequate rest and leisure.

XVIII Right to Social Security

Every person has the right to food, shelter, clothing, education and medical care consistent with the resources of the community. This obligation of the community extends in particular to all individuals who cannot take care of themselves due to some temporary or permanent disability.

XIX Right to Found a Family and Related Matters

a) Every person is entitled to marry, to found a family and to bring up children in conformity with his religion, traditions and culture. Every spouse is entitled to such rights and privileges and carries such obligations as are stipulated by the Law.

b) Each of the partners in a marriage is entitled to respect and consideration from the other.

c) Every husband is obligated to maintain his wife and children according to his means.

d) Every child has the right to be maintained and properly brought up by its parents, it being forbidden that children are made to work at an early age or that any burden is put on them which would arrest or harm their natural development.

e) If parents are for some reason unable to discharge their obligations towards a child it becomes the responsibility of the community to fulfill these obligations at public expense.

f) Every person is entitled to material support, as well as care and protection, from his family during his childhood, old age or incapacity. Parents are entitled to material support as well as care and protection from their children.

g) Motherhood is entitled to special respect, care and assistance on the part of the family and the public organs of the community (Ummah).

h) Within the family, men and women are to share in their obligations and responsibilities according to their sex, their natural endowments, talents and inclinations, bearing in mind their common responsibilities toward their progeny and their relatives.

i) No person may be married against his or her will, or lose or suffer diminution of legal personality on account of marriage.

XX Rights of Married Women

Every married woman is entitled to:

a) Live in the house in which her husband lives;

b) Receive the means necessary for maintaining a standard of living which is not inferior to that of her spouse, and, in the event of divorce, receive during the statutory period of waiting (iddah) means of maintenance commensurate with her husband's resources, for herself as well as for the children she nurses or keeps, irrespective of her own financial status, earnings, or property that she may hold in her own rights;

c) Seek and obtain dissolution of marriage (Khul'a) in accordance with the terms of the Law. This right is in addition to her right to seek divorce through the courts.

d) Inherit from her husband, her parents, her children and other relatives according to the Law;

e) Strict confidentiality from her spouse, or ex-spouse if divorced, with regard to any information that he may have obtained about her, the disclosure of which could prove detrimental to her interests. A similar responsibility rests upon her in respect of her spouse or ex-spouse.

XXI Right to Education

a) Every person is entitled to receive education in accordance with his natural capabilities.

b) Every person is entitled to a free choice of profession and career and to the opportunity for the full development of his natural endowments.

XXII Right of Privacy

Every person is entitled to the protection of his privacy.

XXIII Right to Freedom of Movement and Residence

a) In view of the fact that the World of Islam is veritably Ummah Islamia, every Muslim shall have the right to freely move in and out of any Muslim country.

b) No one shall be forced to leave the country of his residence, or be arbitrarily deported therefrom without recourse to due process of Law.

Explanatory Notes

1 In the above formulation of Human Rights, unless the context provides otherwise:

a) The term 'person' refers to both the male and female sexes.

b) The term 'Law' denotes the Shari'ah, i.e. the totality of ordinances derived from the Qur'an and the Sunnah and any other laws that are deduced from these two sources by methods considered valid in Islamic jurisprudence.

2 Each one of the Human Rights enunciated in this declaration carries a corresponding duty.

3 In the exercise and enjoyment of the rights referred to above every person shall be subject only to such limitations as are enjoined by the Law for the purpose of securing the due recognition of, and respect for, the rights and the freedom of others and of meeting the just requirements of morality, public order and the general welfare of the Community (Ummah).

[Translated from the Arabic Original Document issued By the Islamic Council that convened in Britain in 1981]

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References (for UIDHR)
Note: The Roman numerals refer to the topics in the text. The Arabic numerals refer to the Chapter and the Verse of the Qur'an, i.e. 5:32 means Chapter 5, Verse 32.I 1 Qur'an al-Maidah 5:32
2 Hadíth narrated by Muslim, Abu Daud,Tirmidhi, Nasai
3 Hadíth narrated by Bukhari

II 4 Hadíth narrated by Bukhari, Muslim
5 Sayings of Caliph Umar
6 Qur'an As-Shura 42:41
7 Qur'an al-Hajj 22:41

III 8 From the Prophet's address
9 Hadíth narrated by Bukhari, Muslim, Abu Daud, Tirmidhi, Nasai
10 From the address of Caliph Abu Bakr
11 From the Prophet's farewell address
12 Qur'an al-Ahqaf 46:19
13 Hadíth narrated by Ahmad
14 Qur'an al-Mulk 67:15
15 Qur'an al-Zalzalah 99:7-8

IV 16 Qur'an An-Nisa 4:59
17 Qur 'an al-Maidah 5:49
18 Qur'an An-Nisa 4:148
19 Hadíth narrated by Bukhari, Muslim, Tirmidhi
20 Hadíth narrated by Bukhari, Muslim
2l Hadíth narrated by Muslim, Abu Daud, Tirmdhi, Nasai
22 Hadíth narrated by Bukhari, Muslim, Abu Daud, Tirmidhi, Nasai
23 Hadíth narrated by Abu Daud, Tirmidhi
24 Hadíth narrated by Bukhari, Muslim, Abu Daud, Tirmidhi, Nasai
25 Hadíth narrated by Bukhari

V 26 Hadíth narrated by Bukhari, Muslim
27 Qur'an al-Isra 17:15
28 Qur'an al-Ahzab 33:5
29 Qur'an al-Hujurat 49:6
30 Qur’an An-Najm 53:28
31 Qur’an Al Baqarah 2:229
32 Hadith narrated by Al Baihaki, Hakim
33 Qur’an al-Isra 17:15
34 Qur’an At-Tur 52:21
35 Qur'an Yusuf 12:79

VI 36 Qur'an Al Ahzab 33:58

VII 37 Hadith narrated by Bukhari, Muslim, Abu Daud, Tirmidhi, Nasai
38 Hadith narrated by Ibn Majah

VIII 39 From the Prophet's farewell address
40 Qur'an al-Hujurat 49:12
41 Qur'an al-Hujurat 49:11

IX 42 Qur'an At-Tawba 9:6
43 Qur'an al-Imran 3:97
44 Qur'an al-Baqarah 2:125
45 Qur'an al-Hajj 22:25

X 46 Qur’an Al Baqarah 2:256
47 Qur'an al-Maidah 5:42
48 Qur'an al-Maidah 5:43
49 Qur'an al-Maidah 5:47

XI 50 Qur'an As-Shura 42:38
51 Hadith narated by Ahmad
52 From the address of Caliph Abu Bakr

XII 53 Qur'an al-Ahzab 33:60-61
54 Qur'an Saba 34:46
55 Hadith narrated by Tirmidhi, Nasai
56 Qur'an An-Nisa 4:83
57 Qur'an al-Anam 6:108

XIII 58 Qur'an Al Kafirun 109:6

XIV 59 Qur'an Yusuf 12:108
60 Qur'an al-Imran 3:104
61 Qur'an al-Maidah 5:2
62 Hadith narrated by Abu Daud, Tirmidhi,Nasai, Ibn Majah

XV 63 Qur'an al-Maidah 5:120
64 Qur'an al-Jathiyah 45:13
65 Qur'an Ash-Shuara 26:183
66 Qur'an al-Isra 17:20
67 Qur'an Hud 11:6
68 Qur'an al-Mulk 67:15
69 Qur'an An-Najm 53:48
70 Qur'an al-Hashr 59:9
71 Qur'an al-Maarij 70:24-25
72 Sayings of Caliph Abu Bakr
73 Hadith narrated by Bukhari, Muslim
74 Hadith narrated by Muslim
75 Hadith narrated by Muslim, Abu Daud,Tirmidhi, Nasai
76 Hadith narrated by Bukhari, Muslim, Abu Daud, Tirmidhi, Nasai
77 Qur'an al-Mutaffifin 83:1-3
78 Hadith narrated by Muslim
79 Qur'an al-Baqarah 2:275
80 Hadith narrated by Bukhari, Muslim,Abu Daud, Tirmidhi, Nasai

XVI 81 Qur'an Al Baqarah 2:188
82 Hadith narrated by Bukhari
83 Hadith narrated by Muslim
84 Hadith narrated by Muslim, Tirmidhi

XVII 85 Qur'an At-Tawbah 9:105
86 Hadith narrated by Abu Yala Majma Al Zawaid
87 Hadith narrated by Ibn Majah
88 Qur'an al-Ahqaf 46:19
89 Qur'an At-Tawbah 9:105
90 Hadith narrated by Tabarani Majma Al Zawaid
91 Hadith narrated by Bukhari

XVIII 92 Qur'an al-Ahzab 33:6

XIX 93 Qur'an An-Nisa 4:1
94 Qur'an al-Baqarah 2:228
95 Hadith narrated by Bukhari, Muslim,Abu Daud, Tirmidhi, Nasai
96 Qur'an Ar-Rum 30:21
97 Qur'an At-Talaq 65:7
98 Qur'an al-Isra 17:24
99 Hadith narrated by Bukhari, Muslim,Abu Daud, Tirmidhi
100 Hadith narrated by Abu Daud
101 Hadith narrated by Bukhari, Muslim
102 Hadith narrated by Abu Daud, Tirmidhi
103 Hadith narrated by Ahmad, Abu Daud

XX 104 Qur'an At-Talaq 65:6
105 Qur'an An-Nisa 4:34
106 Qur'an At-Talaq 65:6
107 Qur'an AtTalaq 65:6
108 Qur'an al-Baqarah 2:229
109 Qur'an An-Nisa 4:12
110 Qur'an al-Baqarah 2:237

XXI 111 Qur'an al-Isra 17:23-24
112 Hadith narrated by Ibn Majah
113 Qur'an al-Imran 3:187
114 From the Prophet's farewell address
115 Hadith narrated by Bukhari, Muslim
116 Hadith narrated by Bukhari, Muslim,Abu Daud, Tirmidhi

XXII 117 Hadith narrated by Muslim
118 Qur'an al-Hujurat 49:12
119 Hadith narrated by Abu Daud, Tirmidhi

XXIII

120 Qur'an al-Mulk 67:15

121 Qur'an al-Anam 6:11

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INDEX

The following is a small selection of names, concepts, places, and authorities to help the readers locate information. It is not an exhaustive list.

a<kám, 319

Abdullah ibn Mas'ud, 92

Abu Bakr, 57, 63, 68, 70, 71, 73, 74, 83, 88, 296, 466

Abu Dawud, 90, 91, 92, 93, 94, 95, 96, 97, 268, 273, 285, 286, 287, 294, 295, 296, 297

Abu Hanifah, 277

Abu Hurayrah, 53, 56, 58, 59, 74, 75, 76, 77, 80, 81, 82, 85, 86

adíth, 321

Africa, 134, 233, 243, 256, 260, 261, 267

ahadith, 229, 230

al-fitra, 225

Algeria, 135, 237, 311

'Ali, 54, 55, 63, 65, 73, 76, 84, 275, 277, 287

Ali Mazrui, 227

al-Nasa'i, 287

America, 233, 234, 251, 256, 261, 266

'Amr, 64, 288

anfus, 225

apostasy, 224, 226, 227, 228, 229

Apostasy, 223, 227, 228

Aristotle, 125

Asia, 134, 217, 233, 267

Ayatullah, 158, 174, 179, 229

Ayatullah Naini, 174

Badr, 56, 276, 277, 288

Battle of Ahzab, 298

Bayán, 319

Bukhari, 55, 56, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 82, 83, 84, 85, 260, 268, 285, 286, 296, 297, 466, 467

Caliph, 53, 73, 74, 77, 101, 208, 274, 277, 287, 288, 466

Charter of the United Nations, 352, 353, 368, 370, 371, 377, 378

Churchill, 237

citizen, 123, 152, 271, 273, 287, 289, 360

combatants, 294, 295

David Hume, 133

Declaration, 133, 234, 236, 299, 346, 347, 351, 455

Declaration of Independence, 133

dhimmis, 268, 287

Divine, 70, 126, 166, 180, 225, 244, 271, 275, 455, 456, 457

dower, 29, 30, 31, 40, 45, 159, 160, 181, 182, 193, 194, 196, 198, 199, 200, 206

East, 1, 124, 131, 170, 212, 238, 242

Edmund Burke, 133

Farewell Hajj, 268, 270

fixed-time marriage, 204, 205, 206, 207, 208, 209

France, 135, 147, 151, 241, 251

General Assembly, 346, 352, 363, 367, 368, 369, 370, 377, 378, 379

Habeas Corpus, 251

Hadith, 58, 60, 64, 65, 66, 67, 74, 78, 79, 82, 86, 466, 467

Hadíth, 2, 51, 52, 56, 223, 230, 269, 273, 286, 290, 295, 296, 297, 298, 466

harem, 215

Henry Maine, 133

Hisbah, 459

Hunayn, 67

Ibn 'Abbas, 57, 76, 78, 79, 84, 86

Ibn Hanbal, 290, 294

Ibn Mas'ud, 59, 77, 79

Ijtihad, 104, 179, 180

Imam Baqir, 220

Imam Hasan, 227

irtidad, 226, 227, 228

Irtidad, 224

Ishaq al-Kindi, 227

Islamic Republic, 3, 238, 245, 248, 313

Islamic State, 268, 279, 282, 285, 287, 289, 292

Jeremy Bentham, 133

jihad, 225

John Austin, 134

judge, 17, 19, 22, 24, 25, 26, 67, 68, 72, 104, 123, 127, 202, 203, 253, 274, 316, 356

Judicial divorce, 202

kafir, 229

Khadija, 189

Khaminei, 230

Kharijis, 277

Khiláfah, 51, 456

khulafa', 290

kufr, 225, 226, 229

Kuwait, 247

Law of War, 293

Libya, 243

Magna Carta, 250

Malik, 56, 66, 73, 81, 82, 83, 85, 86, 87, 88, 89, 90, 91, 92, 94

mamluk, 114

marriage, 29, 30, 31, 33, 48, 59, 152, 160, 161, 163, 164, 190, 193, 194, 196, 197, 198, 202, 204, 205, 206, 207, 208, 210, 214, 219, 220, 314, 349, 360, 462, 463

ma'sûm Imam, 225

mawla, 115, 116

Monogamy, 210

Montesquieu, 132, 213

Morocco, 151

Moses, 25, 188, 189

mosque, 85, 157, 274, 277, 311, 314, 317

Mu'awiyah, 215

Muhammad, 11, 12, 52, 55, 64, 71, 73, 80, 85, 102, 159, 169, 223, 224, 226, 288, 455, 456

munkar, 461

Murtad Fitri, 228

Murtad Milli, 228

Musnad, 290, 294

Nicaragua, 243

polyandry, 210, 211

polygamy, 181, 182, 210, 211, 212, 213, 214, 215, 216, 217, 220, 222

power, 5, 6, 7, 11, 19, 25, 26, 36, 37, 45, 80, 113, 163, 171, 172, 173, 179, 202, 203, 208, 234, 239, 245, 252, 278, 311, 316, 318, 356, 457

Power, 17, 21, 28, 303, 311, 318, 459

prisoner, 114, 295, 299

Qur’an, 2, 16, 17, 23, 24, 27, 36, 38, 40, 44, 45, 49, 50, 70, 71, 176, 195, 203, 214, 216, 221, 456, 457, 466

Qur’án, 17, 231, 244, 253, 254, 255, 257, 258, 259, 264, 265, 268, 270, 271, 274, 277, 278, 279, 281, 282, 283, 285, 286, 287, 290, 298, 299, 319, 320, 321

Qur'an, 70, 90, 166, 167, 169, 175, 176, 181, 185, 186, 187, 188, 189, 191, 194, 195, 196, 226, 227, 228, 455, 456, 464, 466, 467

Quraysh, 12, 13, 276, 297

Ritual, 312, 316

Roosevelt, 237

Russell, 190

Sahih Muslim, 52, 53, 54, 56, 57, 58, 59, 60, 74, 75, 76, 77, 78, 79, 80, 81, 82, 85, 86

Shah, 236

Shí`ah, 215, 217

Shi'ite, 204, 207

Shúrá, 457, 460

slavery, 108, 115, 129, 260, 261, 262, 347, 355, 457

slaves, 14, 33, 44, 48, 56, 66, 87, 129, 261, 262

South Africa, 234

Stalin, 237

suffrage, 349, 360

Sunnah, 51, 59, 103, 104, 106, 244, 320, 455, 456, 457, 464

Surah, 71, 167, 175, 187, 189

tafsír, 319, 320

Thomas Aquinas, 124, 125, 132

UDHR, 144, 147, 308

Uhud, 80, 297

UK, 241, 243

'Umar, 54, 55, 57, 63, 64, 66, 67, 69, 70, 71, 72, 73, 74, 75, 76, 78, 80, 81, 84, 85, 262, 274, 276, 287, 288

Umar ibn al-Khattab, 87, 88, 91, 96

Ummah, 51, 309, 460, 461, 462, 463, 464

UN, 145, 148, 233, 234, 237

UNESCO, 235

United Nations, 145, 151, 232, 233, 237, 251, 253, 346, 348, 350, 351, 354, 362, 363, 364, 365, 366, 367, 368, 369, 374, 376, 377, 378, 379

Universal Declaration, 131, 136, 231, 233, 237, 251, 346, 352, 370

US, 145, 147, 152, 235, 236, 239, 241, 243, 246, 309

USA, 227, 237

West, 1, 124, 131, 136, 161, 167, 168, 169, 170, 230, 238, 242, 246, 250, 261, 279, 292, 293, 300, 311, 317

Western Law of Defamation, 270

Will Durant, 169, 216, 217

World Court, 147, 149

Zakat, 63, 68

Zamakhshari, 195

zawja, 113

Zayd, 69, 70, 72, 79, 86, 94

Zubayr, 55, 218, 275

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[1] Zin al-Abidine is one of the Imams of the Twelver Shi`ites who is believed to be the author of the Treastise in chapter three of this collection.

[2] The UDHR is provided here as an appendix. Also appended to this work you can find other important documents that are relavant to this discussion including important Covenants, the UN charter, and the Rome Statute of the ICC.

[3] For a translation of the Madinah Charter, also known as the first Constitution of the Islamic State, see appendix F.

[4] See the Rome Statute, Appenxix E.

[5] See Appendix A

[6] UN Charter, Article 55-56

[7] See Appendix D

[8] For an articulate and consice summery of the human rights, the theory and practice of remedy, see Dinah Shelton’s Remedies in Internation Human Rightsd Laws, (Oxford University Press, 1999).

[9] Ayatullah Murtaza Mutahheri, born 1920, was one of the most Shi`ite versatile Islamic scholars and prolific writers of recent times. He was deeply rooted in traditional learning and enamored of its exponents. His work is marked by a philosophical clarity that particularly qualified him to deal with the fundamental problem of religious thought that forms the subject matter of this discussion. Ayatullah Mutahheri received his elementary education in theology from his father, Sheikh Muhammad Hussein in his hometown, Fariman. When he was twelve years of age he joined the Educational Center at Mashhad and pursued his studies there for five years. Then he proceeded to Qum. These selections are mostly excerpts from articles and speeches he delivered on this subject.

[10] In Israel for instance, a Jewish person, no matter where he lives, is qualified to be a citizen of the state of Israel per decrees of the Basic Law of 1948 and subsequent amendments there after. Ethnicity may soon enable individuals to claim a right to a nationality even if they never set foot on the land of the homeland.