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- by Dr. Mohammad Haitham Al-Khayat

Religious Teachings and the
Concepts of Freedom and Human Rights

8.1  From our summary of religious teachings and rules, it is clear that they advocate certain forms of restrictive and penal measures with respect to certain types of human behaviour. This may seem to invalidate or contradict the concept of personal freedom, as some modem writings have claimed.

8.2 It is beyond the scope of this discussion to go into the intellectual, philosophical, legal or social aspects relating to the concept of personal freedom or what influence it may have on the legal system or the social make-up of behavioural values. Suffice it to stress here that, for the purpose of this discussion, what is understood by personal freedom is one's right to enjoy any God-given talents and aptitudes as well as the facilities available in this world, in any manner one desires.

8.3 According to Islam, this right branches out of the concept ofpermissibility which is a fundamental feature of human life. This concept is clearly expressed in many Quranic statements, such as: "It is He Who has created for you all that is on earth" (2:19), and, "Say: 'Who has forbidden the beauty which God has brought forth for His servants, or the good things of life?' Say: 'These are for the enjoyment of the believers in this life, and on the Day of Resurrection shall be theirs alone'. Thus We make signs plain for those who have  sense. Say: 'My lord has forbidden all indecent acts, whether open or secret, and He has forbidden sin and wrongful oppression, and that you associate with Him in worship what He did not sanction, or to tell of God what you do not know " (7;32-33).

The last two verses define the two components of personal freedom, as established by Islam. The first one affirms the permissibility of enjoyment, which the Quran calls zee/zah, (which in its literal sense means: adornment) as a favour coming from God, and explains the reason for its existence as being "provided for His servants".

The second verse gives the other side of the concept of personal freedom, by confirming that what God has forbidden is indecency whether it relates to belief, behaviour or speech, both open and secret, public and private. He has also forbidden sin, which is a name for all indecent thoughts, words and deeds, committed in defiance of the guidance given by God and His Prophets. According to the Quranic verse, quoted above, God has also prohibited all forms of wrongful oppression, including the deprivation of the human soul of the pennissible material enjoyments and allowing it to hanker after what is not permissible. The passage ends by condemning the distortion of God's laws by man, so as to allow indulgence of what is forbidden and to shun lawful and pleasant behaviour.

These two verses, which represent the basic code of guidance with respect to freedom to enjoy the God-given life on this earth, bring into focus the fact that Islam, in agreement with all other divine religions, does not define personal freedom in the same way this has come to be understood in the modern world after the Second World War .According to this modern concept, everyone has the right to have as many, so-called "free", sexual relationships as he or she may desire. Society thus sheds its prudent image which helps protect individuals against corruption and moral misconduct. It acquires instead a permissive and promiscuous outlook which permits individuals to do everything they consider proper. For Muslims, therefore, and indeed for all religiously-minded people, the idea of personal freedom is quite different from that understood by those who venerate and consecrate the individual as such, giving little or no regard to his beliefs or behaviour (34).

8.4 Personal freedom, according to Islamic law, is guaranteed outside the area marked by the commandments and prohibitions stated in the Quran and the Sunnah. Once a definite ruling is established by either of the two main sources of Islamic law, personal freedom becomes subject to that ruling.

8.5 The available literature on the prevention of the spread of AIDS and other sexually transmitted diseases deals with the effect of medical procedures relating to the testing of suspected or potential carriers, arid the futility of the procedures of quarantine and isolation, as well as with the restrictions imposed on dealing with those who have caught the infection employing them or allowing them to join schools and colleges. Moreover, these procedures have an adverse impact on human rights because they undermine these rights, in a general sense, and lead to discrimination between certain groups of the human race for reasons which may be beyond their control(35).

8.6 Religious and international views on human rights do not, in fact, differ very much, except that in a religious context, these rights are exercised within the framework outlined by religion with regard to human behaviour.

Whereas one of the policy guidelines of the World Health Organization, relating to the fight against the AIDS epidemic, is to "support the current efforts being made in the area of human rights", it is difficult to imagine these efforts bearing fruit in the Eastern Mediterranean Region unless the concept of "human rights" is understood in the light of the religious beliefs that prevail in the countries of this Region.

8.7 One of the human rights recognized by international law is the right of 'privacy' which gives everyone the privilege to choose his or her private relationships and practices as they please. However, in a society observing religious teachings, this right, as well as the right of personal security, is exercised within the values relating to personal and collective morals. Accordingly, Article 17 of the Cairo Declaration of Human Rights .in Islam states that: "everyone has the right to live  in an environment that is free from moral corruption and disease, which enables him or her to develop his or her personality morally, the society and the state being bound by law to guarantee that right"(36) .

Article 24 states: " All rights' and freedoms guaranteed by this Declaration are governed by the rules of Islamic law". Islam makes it clear that faith is the inexhaustible source of inner psychological peace. The Quran says, "Whoe\Jer believes in God, God will guide his heart onto the right path". It warns sinners who refuse to repent that, if you do not (refrain from sin) then prepare for a war to be waged against you by God and His messenger" (2;279). Who, indeed, can experience peace or enjoy psychological or personal security, if they are at war with God Almighty?

8.8 While modern trends in Western literature today tend to advocate separation of personal and public moral values and behaviour, an opposing trend, which has been slowly gaining support, sees this separation as artificial. It advocates that, in a civilised society,  legal authorities ought always to take the initiative to safeguard, at least, the minimum socially agreed moral and ethical values.

This falls in line with the Islamic legal system and that of religion in general. This system attaches much importance to the protection and preservation of the moral values that should govern society, and in whose light all national and international codes of human rights should be interpreted and understood.

Whereas western legislators and intellectuals consider that the law should safeguard those moral values that have become traditionally accepted by society, Muslim jurists call for this protection to be extended to all moral and ethical values that should, according to religious perception, prevail in human society.

The difference between the two approaches lies in the fact that the Western view is satisfied with safeguarding those moral values that society has come to consider worth keeping. Thus when society's appreciation of some of those moral values changes, the values may not continue to deserve to be safeguarded by the legal.system any longer .

Both Islamic and Christian legal thought, however, ordain that, through religious teachings, a set of values representing the moral and ethical nornl should be maintained. Legal backing should be provided for that nonn to ensure that it is preserved, promoted and respected by society at all times. This, in turn, is guaranteed by imposing penal measures for all fonns of violation of the mora] code of society.

This is c]early illustrated in the Islamic system of disciplinary punishments, or t'azeer, which affords the pena] system the flexibi]ity to deal wjth a]1 types of vjo]ation of moral rules or nonns for whjch no particu]ar punjshment or atonement is specified.

8.9 The major aim of promoting and supporting human rights is currently focused on eliminating discrimination against individuals, whose infection with HIV has been confirmed. This aIm is also guaranteed in both Islam and Christianity. However, in the countries of the Eastern Mediterranean Region, another premise has to be introduced which will not allow the promotion or encouragement of moral laxity and permissiveness or the disregard of religious guidance on right and wrong, under the pretext of protection of human rights.

Unless we are seen to truly appreciate this situation and introduce this important premise, we may easily allow a "credibility crisis" to develop in the relationship between those who are working to fight this dangerous epidemic, and their audiences. In this Region, any effort by anyone who does not show respect towards people's religious beliefs is. doomed to failure and will/certainly be in vain.

8.10  For this reason, the Regional Consultation on the Role of Religion and Ethics in the Prevention and Control of AIDS and other Sexually Transmitted Diseases has" stressed in its recommendations that "Human rights are guaranteed by all religions, and the call for personal freedom should not be used as a pretext to allow modes of behaviour that threaten the freedom and safety of others or that of society as a whole, including exposing them to infection"(38)