Wednesday, January 27, 2010

Outlook for European criticism of human rights




The first European school of human rights has created, the emergence of political, during the eighteenth century AD, and the goal of its intellect, and its leaders, is an affirmation of public freedoms in the society, and to make it beyond the reach of the authoritarian, so can not be wasted, without legal penalty.
It is therefore linked to human rights in Europe, the subject of public freedoms, which were provided by the constitutions.

This was not proper; the fact that different political systems, which would weaken the idea of human rights, and to the relative nature of it, and make the public rights and freedoms, as against the Authority or not.
The term has been the consolidation of public freedoms, human rights with the term, a period of time; as the emphasis was on public freedoms, and the consolidation of the principle of the individual in the face of authority, and that is what intellectuals take, especially by legislators.
So; that some of these freedoms, such as freedom of thought and opinion, of particular power and the prevailing political system was the goal, is to include the texts of constitutions of these freedoms, and guarantees for their application.
This is because basically, that the peoples of Europe in general, was suffering from the tyranny of power and control by the church.
The school has evolved in the European human rights, the idea of looking to the (right) in the same.
And appropriate, that the human rights are those rights which must be recognized by the individual; simply being a human being, is not required to have legal protection, but as a lesson for human rights, the authority is not granted or protected.
This evolution in the idea of human rights, beginning with the spirit of the notion of the right itself, which is the basis of the above in a different school, the emergence of the European Human Rights, which began consideration of the topic, as human rights, public freedoms, which is against the Authority.
It is also considered critic; the fact that some rights can not be regarded as freedom of liberties, such as the human right to social insurance, this right is not in the sense of freedom or other forms of public freedoms.
In consideration of the Muslim, those rights should be general, as the individual in the face of others, and not in the face of power alone.
Human dignity in the consideration of the Islamic value is in itself, and the rights enjoyed by everyone in the face, and not in the face of power alone.
The Islam began, the first step and the liberalization of the critical rights of all free will weaken, within and outside the man himself, which subsequently remembered.
And development which occurred in the school of modern European, as may be agreed with the consideration of the Muslim, to prove to these rights as a human being a human being, and that it does not cease to exist or not, the report of the law to them; it is not established.
If considered positive, because it derives its inception to the conscience of the community, the entitlement to return of Muslims, as human beings, the will of God Almighty, and the wisdom and legislation, and prefer them.
The reason, in the consideration of positive European source of these rights, and that the conscience of the community, is due to the desire to move away from religion, the source of these rights.
Therefore, to make the conscience of the group expressed the desire to uphold the source of these rights, without approaching the real source of all human rights, which the Almighty God and religion, as in the consideration of Islam.
This does not agree with the thinking of hundreds of millions of people who believe that human rights and the percentage attributable to the God Almighty, the most secure in the conviction and the universal application; because the enhancement and lift it alone.
Human rights in Islamic law, emanates from the idea independent of the will of the people, and the relative temporal and spatial concepts and multi-criteria in the application of different human societies, with different systems and laws.
In short, he is the gift of Almighty God, came in the Sharia, the Islamic texts, and assets, and committed by all, the ruler and the ruled, and the States and peoples, and is not a weapon in the hands of power, or ground to get people to the community or the rulers.
And consider the Islamic avoid disadvantage relative temporal and spatial, and make human rights in the face of everyone residing in order to ensure these rights, as their source, and the strongest safeguards in the application and practice.
It is wrong to claim that the values of human rights in consideration of the positive, such as freedom, equality, and absolute change by human societies, conditions and time and place.
However, that the concept of human rights, can not be considered strictly scientific concept, in the calendar is subject to the same standards, in all societies at different time, place and circumstances.
For example, the right to liberty, justice and equality, the fundamental rights of human rights in modern times, does not receive the same appreciation and weight in all societies, and placed in the same degree of importance and priorities.
Some States, a political concept of freedom gives the apparent, and gives them some understanding of socially or culturally or individually, but also gives them the concept of sexual, in the so-called sexual freedom, chaos itself.
Equality is the high value for human beings, subject to the conditions of material interests and social concepts.
And justice, be interpreted in many cases, according to the interests and caprices.
The concept of values, it seems relatively variable.
Can not agree on one concept of freedom or equality, and controls the concept that health and ensure its survival in the application, which shows us that the provision in determining the highest human values and concepts and controls, should be giving to the relative temporal and spatial.
We believe with certainty, that this can be achieved only if we adopt the source of the highest legislative and higher than the laws of time, place and human beings, the human subject as a man of faith and conviction.
Free from relativism in human rights can be achieved only through this way alone, which for Muslims is the divine source of Islamic law, in its origins and texts.
There is no denying that the art school of modern development in the understanding of human rights is a step on the road which we have intimated to him.
Whereby, human rights have a higher source of social organization, which takes the particular community in a particular time, under the laws and customs, traditions and cultural heritage.
However, this abstraction in the assignment of rights to the conscience of the group, it is not enough to have access to the global objectives of the humanitarian and human history.
This clearly shows us that the conscience of the group have been accepted at the time and place, some of the worst injustices and the most contrary to the idea of human rights.
We have before the conscience of mankind in many societies, and certain times, especially in the old empires, and even in some of the political regimes in modern times, and in Europe in particular, the value of the waste of human life for the most trivial reasons, and by the tone of the Ombudsman and the tragedies of other communities in violation of religion or race, or even interests, and no more than a quick reading of European colonialism in Africa and Asia.
The conscience of the group is not fit for human source altogether is supposed to be the whole of humanity, and deserves the individual as man.
The concepts of human rights even in basic rights, such as the right to human dignity, equality, social security, is a relative value, depending on the concepts given by the conscience of the group, which consists not in doubt, given time and place-specific, and varied depending on the circumstances, and in that which is dangerous.
Correct words in the conscience of the group, but if it the conscience of mankind along the right time and place, and then we come to that conscience, which had sowed by the Massage of God in human person.
It was the intention of the Universal Declaration of Human Rights, which was issued on 12-10-1948, to serve as a common world for all peoples, so that enhanced the status of human rights, it is just a step, must be followed by the formulation of international human rights law, and have a strength assessment.
Served the United Nations, at the turn of the Universal Declaration of Human Rights to the international convention, and in this direction was the completion of the conventions of social and economic rights, and civil and political rights, and agreements have been issued in 12-16-1966, entered into force in 1976.
In addition to these conventions, the attention to the issue of human rights appeared in many conventions, such as: the International Convention for the elimination of Racial Discrimination, the Convention on the Rights of the Child, the Convention for the Protection of the rights of migrant workers.
The work and practice in addressing the issue of human rights at the global level, across multiple frames in this area, and especially the General Assembly of the United Nations and regional organizations, such as the League of Arab States, Organization of Islamic Conference.
International organizations are dependent on the committees of experts who discuss topics related to human rights, or the monitoring of their application in different countries, and examine the reports and the data provided thereon.
Non-governmental organizations has brought attention to the subject at the level of peoples, some of the assessment amounts, such as Amnesty International, which is not without reports of passion and purpose, and is said to ignorance and religious characteristics of cultural and social advancement of Muslims and non-Western peoples.
It must be pointed out a fundamental and essential difference between Islamic law and legal systems of every situation, there is an impact on human rights and fully visible.
In Islamic law, the Islamic law is the source of all rights, and there is no right of decision of the people gets out of college texts, rules, and thus Islamic law, is the basis and source of the right and authority and to ensure the existence and maintenance of the community.
The positive perception of the matter is quite the contrary.
The right is that is the basis of legislation and law.
This is the rule, and its meaning: to see what the community really, it is - according to this - laws and regulations in the community, right here, the basis of law and order, established by the Power, whatever the source of its legitimacy.
Legislation and not from the divine, but comes from, what people see at a particular time and place of a particular community alone.
It is also, not all people see, but you see the majority of them, regardless of the amount of the majority.
We - the Muslims - we have an abstract and a general standard to determine the rights, is the divine law, a criterion, it is all about faith and conviction.
While the situation in systems otherwise; as the standard by which rights are determined on the basis of the standard relative in nature, and subject to change according to time and place and communities, and the different religious and cultural heritage, a criterion, a controversy, discussion and approval and denial, according to different circumstances in the community, and the based on it, has become the basis, while not confirmed by another community, or society itself at a later date.
Whatever the situation, tried to systems, to avoid this advantage, the attribution of human rights to the conscience of the group, this consisted of conscience in accordance with the data relative time and space, particularly the group that the word should go in this area to the entire humanitarian community, which did not exist until now in the reality of life.
While the root of this principle, a human unity in Islam, which was based in the Holy Quran and clear, God said: { يَاأَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُمْ مِنْ ذَكَرٍ وَأُنْثَى وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْ }  (O people We created you from a male and a female and made you into nations and tribes so that you might have knowledge of each other. Verily, the most honourable of you with Allah is that (believer) who has At-Taqwa (the pious)) (Sura Al-Huzraat, verse 13).
And of all humanity in the consideration of the Muslim, came from the same one Almighty God says: { يَاأَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً }  (O people, fear your Lord who created you from a single, including her husband and to create and broadcast a lot of them men and women) (Sura An-Nisa, verse 1).
In Islamic law, shows the right policy.
Verily, Shariah is the correct rights and the source of rights, which is the Rules of Almighty God to human beings at all times and places.
Here is the source of the right divine, upper, far from the constraints of time and place, different circumstances and conditions in human societies.
The power is in the consideration of the Islamic Center of the Secretary, which sponsors the interests of the people, it is not a party in the face of the people to protect themselves from it, which adhere to the authority of Islamic law in the texts and principles of the college.
This idea, which is the secretariat of the authority and responsibility for the people, the idea of Islamic origin and source, which makes the community to cooperate with the Authority.
We stress here, that the Universal Declaration of Human Rights in the presentation and evaluation, reflecting the thought and Western civilization only.
Some of the criteria adopted by the government and the basis for the evaluation, revealed that out clearly.
For example, according to a measure (Humana), which was significant in this area, the death penalty is a violation of human rights.
The right of women to family formation, according to this criterion, it must be absolute, regardless of religious controls, which provides hundreds of millions of human beings.
The imposition of the death, but the practice of homosexuality is a violation of human rights.
It is clear that such standards, can not gain the respect, approval, or even at the global level.
The multiplicity of civilizations, cultures and social inheritance, as well as messages of God, should be a multi-criteria and concepts.
May be the principles of the Charter of Human Rights, acceptable to a few man.
However, the concepts, standards and evaluation, and application controls, it must be a relative, taking into account the multiplicity of cultures and social inheritance of the modern world, so as to allow each State to be their political systems, laws and legislation, reflect the interests of its people, values and cultural heritage, within the scope of human dignity, the first principles Human Rights and most important, with different civilizations and cultures, and historical and social inheritance of the peoples of the world.
We note that the deliberations of the Conference held in Vienna from 24-Jil-Hijjah 1413 - 5 Muharram 1414, 14 -25 June 1993, had revealed the conviction of many of the States in this sense, in particular developing countries, which dismayed the different concepts and double standards governance and at the calendar, even if some of the principles and core values of human rights back, and received protection, when it appears incompatible with the interests of many countries and their political objectives.


While taking these principles and values, a weapon is against some of the States, when consistent with the political interests of major states in particular.
Consideration could be given to the double standards of governance and practice in many Islamic issues at the present time, such as the people of Afganistan, or the issue of Kashmir, or the question of Palestine.
The criteria are different, according to multiple interests, but according to ethnic or religious intolerance.
It is sad that human rights violations, which horrified the world the human conscience on these issues, not just the position of facing the big powers, to defend the principles of human rights, it was aggression.
The consideration of what happened to the massacres, killings and displacement and rape of women, governed by the political interests of these countries.
NGOs and even the famous, such as Amnesty International, condemned merely bland, and prosecute those responsible for these major crimes, with the same enthusiasm shown by the fact in the matter of an individual in the State of African or Asian.