The conferences

Introduction:

Human Rights is one of the topics that is elaborately dealt with in all specialties: Charia, law, politics, economy, sociology and psychology…

Our subject is fixed on demonstrating the system of law in Islam. But before this, it is worth mentioning that human being -from the ancient times- was faced with all types of tyrannies and persecutions: economic, social and psychological ones. Whoever, he persisted and endeavoured to improve his lively conditions through reiterate claims. Finally, many national and international laws are issued in his favour, and many conventions and treaties are brought out to consolidate his rights. The main one is avowing his humanity and all his different rights.

The main international treaties and conventions:

1. The Universal Declaration of Human Rights, adopted by the General Assembly on 10 December 1948.

2. The International Convention of the Economic, Social and Cultural Rights, adopted on 16 December 1966.

3. The International Convention of the Civil and Political Rights, adopted on 16 December 1966.

4. The Additional Protocol annex to the International Convention of the Civil Rights, adopted on 16 December 1966.

5. The Declaration on the Granting of Independence to Colonial Countries and People, adopted on 14 December 1960.

6. Permanent Sovereignty Over Natural Resources, adopted on 14 December 1963.

7. The United Nations Declaration on the Elimination of All Forms of Racial Discrimination of 20 November 1963.

8. The International Convention on the Elimination of All Forms of Racial Discrimination, adopted on 21 December 1965.

9. The International Convention for the Suppression of Racial Discrimination, adopted on 30 November 1973.

10. The Convention  for non Discrimination in the Domain of Work, adopted by the General Congress of the International Organization of Work, on 25 June 1958.

11. The Special Convention for Contending against Segregation in the Domain of Education, adopted by the General Congress of the United Nations Organization for Education, Knowledge and Culture, issued on 14 December 1960.

12. The Declaration on the Elimination of Discrimination against Women, adopted on 07 November 67.

13. The Convention on the Elimination of All Forms of Discrimination against Women, adopted on 18 December 1979.

14. The Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief, adopted on 25 November 1981.

15. The Convention on the Prevention and Punishment of the Crime of Genocide, approved by the General Assembly on 09 December 1981.

16. The Convention on the Non Application of Statutory Limitations to War Crimes and Crimes against Humanity, adopted by General Assembly on 26 November 68.

17. The Convention against Torture and in Prisons, adopted by General Assembly on 10 December 84.

18. The Geneva Declaration (On Child Rights) adopted on 1924 and ratified on 1948.

19. The Declaration of the Rights of the Child, adopted on 1959.

20. Charter on Arab Child Rights, adopted on 1984.

21. The Declaration of the International Assembly of Health in 1985.

The last convention issued by the General Assembly of the united Nations in 1989, and it comes into effect in 1990 and approved by Algeria in 1992.

We stated these conventions and treaties as to show the extent of the importance given to the legal system at the national and international levels. So, is it the case in Islam?

The philosophy of Human Rights in Islam:

1. To corroborate monotheism, and to disbelieve in Satan and the false deities. The Almighty Allah said: «Therefore, whoever disbelieves in Taghout (Satan) and believes in God has taken a firm support that never gives away…». [Sûrat Al-Baqara/the Heifer, 256].

2. To free human being from his desires and fantasy.

3. To affirm that Allah is He who bestows upon us boons and provisions, and the fact that nothing will ever happen to us except what Allah has decreed for us. The Almighty Allah said: «And there is no living creature on earth, but its substance rests are due from Allah». [Surat Hood /the Prophet Hood, 6]. He also said: «Say' Nothing will ever happen to us except what Allah has decreed for us ». [Sûrat At-Tawba/Repentance, 51]. And He said: « For each and every matter there is a decree (from Allah) ». [Sûrat Er'Raâd, the tender, 38].

The Source of Rights and Liberties in Islam:

The Noble Koran and the Prophet' Sunna are the basic sources of rights in Islam. For example, declaring the right of life to all human being without segregation or exception. The Almighty Allah said: «Because of that we prescribed to the children of Israel that whoever kills a soul, unless it be for retaliation or because of spreading corruption on earth, it would be as if he had killed all mankind…» [Sûrat El-Mâ'idah/the Table Spread, 32].

The Characteristics of Human Rights in Islam:

1. Divinity: these rights are revealed by Allah. This characteristic implies two facts:

Ø     Human rights are sacred and sanctified. Thus, they are preserved from all kinds of aggression.

Ø     They can not be abrogated, concealed or suspended.

2. Comprehensiveness: The rights in Islam include all human rights: Social, economic and political. They are preserved and secured.

3. Generality: They include both animal and human rights.

4. The balance between the individual and the group: Human rights in Islam are inclusive; they comprehend all the rights that insure balance between the individuals and the groups. So neither the individual rights are neglected nor those of the group's are lost and missed.

5. They are not absolute: They are rather restricted at many levels to avoid tyranny and deviation.

Conclusion:

If we overlook these declarations and religious directives, nothing will be futile. As for the rights that the above mentioned international treaties and conventions declared, they are not actualized. So, where is the problem?

Human being is he who violates human rights.

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