New Article; Sharia and Human Rights
Here is a direct comparison between the UN Universal Declaration of Human Rights and the relevant provisions of Sharia Law, Article by Article.
1. Article One declares that all human beings are free and equal, but Sharia recognizes and condones slavery, for example, (K2:221) "A slave...is better than a free unbeliever.." and it also denies equality as in (K4:34) which says "men are in charge of women...", Ibn Kathir's commentary on the Koran explains; "Men are superior to women, and a man is better than a woman".
2. The Second Artcile states that there should be no discrimination against anyone on grounds of status, but Sharia discriminates on many bases, religion, gender, sexual preferences; for example under Sharia charities must not help non-Muslims and must donate some to fund jihad (K28:86; "never be a helper to the unbelievers"/ "Umdat al Salik; Reliance of the Traveller" H8.7,H8.17,H8.24).
3. The right to life, liberty and security is also negated by provisions of Sharia, being gay is subject to a death sentence pursuant to the rule (HAD 38:4447-8) "kill the one who does it, and the one to whom it is done". The Sharia crimes of leaving Islam and blasphemy, which include criticizing the religion, the Prophet, or Allah, also give rise to the punishment of death.
4. We have already noted that the rule there should be no slavery is broken by Sharia recent reports say that about 4% of the population of Mauritania are in slavery, a system held in place by Sharia. (source CNN; "Turning point for slavery's last stronghold")
Sex-slavery is permissible in Sharia.
5. The forbidding of torture, cruel or degrading treatment is also ignored, the exceeding cruelty of FGM is a prescribed part of Sharia and its rapid growth in the West is due solely to Islamic immigration. From many Islamic nations, including "moderate" Indonesia, there are many press reports of individuals being lashed or even stoned to death for adultery and extramarital sex.
6. Everyone has a right to recognition as a person at law, but Sharia can reduce a woman to being mere property of a man as a sex slave (see K33:50,4:24, 23:6,4:3 "those whom your right hand possesses"). In Saudi Arabia a woman my not leave her home without the permission of her male guardian and does not have the legal status to hold a driving licence.
7. This Article says all are equal before the law, but in Sharia, (SB9/50) says that "no Muslim should be killed for killing a non-Muslim", as a qualification to (K5:45) "a life for a life". Thus Muslims have greater legal protection under Sharia than non-Muslims. Under Sharia, a woman's witness testimony is only worth half that of a man, (see K2:282).
8. This Article says that everyone should have the right to an effective remedy for all Human Rights violations they suffer, but as we have seen Sharia doesn't recognize most human rights! For example a woman's right to security is rendered void by rules (K4:34,HAD11/2142) which permit a man to beat a woman, "A man will not be asked as to why he beat his wife".
9. There should be no arbitrary arrest or exile, but under Sharia law all that is required for punishment is a "fatwa", a declaration made by a Mufti, an unelected and non-accountable Islamic cleric.
10. The right to a fair trial in front of an impartial court, as required by Article 10, is absent under Sharia. A Sharia court being a religious body, cannot possibly be impartial in matters of apostasy, leaving Islam, converting to another faith, blasphemy, etc.
11. The right to presumption of innocence and punishment only according to law is compromised in Sharia, and it is clear that many Sharia punishments are contrary to the UN Declaration of Human Rights which sets the standard for international law.
12. Privacy of one's life, home and correspodence are guaranteed by Article 12, but Sharia law takes private acts and publicly punishes people for them including homosexuality, adultery, extramarital sex, drinking alcohol and any private statements expressing disagreement with Islam.
13. The right to free movement is not respected in Sharia, many areas of Saudi Arabia are closed to non-Muslims and workers in Gulf States like Dubai are not allowed to leave the country without the written permission of their employers, this includes unmarried pregnant foreign women trying to get home to avoid being prosecuted for unlawful sex. (source BBC "Pregnant and in Chains")
14. Article 14 grants the right to seek asylum from persecution, but Sharia does not recognize the right of Muslims to leave Islamic countries to escape prosecution and severe punishment for blasphey, apostasy and other unislamic thought or expression. There are a number of high profile cases in Saudi Arabia (Raif Badawi), Pakistan (Asia Bibi) and elsewhere where individuals are incarcerated for such crimes of conscience and not allowed to seek asylum abroad.
15. The right to nationality is one of the few rights which is not affected by Sharia.
16. The right to marry, by consent, with both spouses having equal rights at law during the marriage and upon divorce is violated by Sharia. Muslim men may have up to four wives, thus violating equality and Muslim women are forbidden to marry any non-Muslim. For a woman, "her silence means her consent" under Sharia and in practice many marriages in mosques are carried out with only the man present(SB9/85/79). Divorce rights are unequal, a man only has to say "I divorce you" three times whereas it is very difficult for a woman to divorce her husband at Sharia. Non-Muslim wives are usually refused access to children in Sharia divorce pronouncements.
17. The right to own property is likewise biased in Sharia, with property in married couples belonging only to the husband. Upon divorce, the wife can be left with nothing. Women are only allowed half of what a male receives of any family inheritance, "the male will have the share of two females" (K4:11-12,176).
18. Freedom of thought, conscience and religion and the right to manifest it publicly or to change it, accorded by Article 18 of the UN Declaration, is total odds with Sharia which allows no contrary position to Islam to be publicly expressed. "None has the right to be worshipped except Allah" (SB59/643). There is no freedom of religion in Sharia law countries, members of other religions are harrassed, presecuted and prosecuted for any manifestation of other beliefs. Anyone wanting to leave Islam gets an automatic death sentence; "Whoever changes his Islamic religion, kill him" (SB9/84/57).
19. The freedom of opinion and expression is similarly severely limited under Sharia, there is no freedom whatsoever to express any viewpoint which opposes Islam. In sharia law countries the media, including social media, is all highly censored.
20. The right to peaceful assembly is also greatly restricted, there is no right to have churches, Sunday schools, gospel choirs, yoga classes, gay clubs or even the W.I.
21. Everybody has a right to take part in politics, but under Sharia no non-Muslim may hold any position of authority over any Muslim (see K76:24). In practice the segregation of the sexes under Sharia means women cannot hold public office.
22. The right to social security & education has some scope under Sharia systems but the Zakat charity rules says "never be a helper to a non- Muslim" (K28:86). Sharia restricts school curriculae to study which does not contradict Islamic beliefs, for a discussion of such contradictions please see Abel & Solomon "Islam Undone" Parts Four, Five and Six.
23. The universal right to work, to a fair wage, equal pay and trade union membership is disrespected in Sharia, there is no equality for women in Islam. Muslim women are expected to stay at home (K33:33). This greatly hinders economic growth in many countries, the US Agency for International Development has said, "for a society that does not integrate women into its economy, the long-run consequences are likely to be severe". ". Worse still Sharia forbids interest-bearing financial investment (K2:275) "Allah allows trade and forbids moneylending", this inhibits most of the forms of borrowing and investment which have brought prosperity to the West.
24. With respect to the right to rest and leisure, and to a limit on the number of hours worked, Sharia does make some provision for this, especially to allow time for prayer. However, many workers in Islamic countries actually work very long hours for very low wages, or are paid by piecework.
25. Article 25 guarantees the right to a certain standard of living, to maternity rights and to equality for illegitimate children. Statistically Islamic nations are much poorer than those in the West, and cannot match western standards of living. Unmarried mothers in many Muslim countries are often imprisoned for adultery and forced to give birth to their children in jail. The offspring of extra-marital affairs will live with their imprisoned mothers. (source BBC; "Pregnant and in Chains")
26. The right to an education which should promote tolerance and respect, and be subject to parental choice fails under Sharia. Sharia schools are primarily Koranic and the Koran contains many verses which promote anti-semitism, violence against women and terrorism. The Koran teaches; "Take not Jews and Christians as friends...they are folk that have no understanding...most are evil...apes and swine," (K5:51-60) "those women from whom you fear disobedience...beat them" (K4:34) and "Instil terror into the hearts of the non-Muslims...fight them until all religion is for Allah" (K8:12,39). For lists of such verses please see our book "Islam Undone".
27. Cultural life, arts and sciences including intellectual property rights are covered in this Article. Sharia forbids all culture that is unislamic and has no copyright protection laws. Much of the science in the Koran has been proved wrong, for example, the earth is not flat (K79:30) "The Earth...he made it flat", a foetus does not form bones first and then grow flesh onto the bones (K23:14) "the bones are formed and then clothed with flesh", or concerning astral physics "the sun prostrates itself under the throne until it gets permission to rise again" (K18:86,SB4/54/421) and so on. Because Sharia forbids anything which puts Islam's sacred book in a bad light, even the teaching of science has to be heavily censored.
28. Everyone's entitlement to a social and international order guaranteeing respect of Human Rights is seriously eroded by Sharia, which is the literal legal application of the content of the Koran and the other sacred Islamic writings. The Koran contains well over a hundred commands to undertake physical jihad; "instil terror into the hearts of the non-Muslims..." (K8:12) , "Make war until... all religion is that of Allah" (K8:39), thereby creating a duty under Sharia to spread Islam by violence which is in total opposition to Human Rights culture. All of the classic manuals of Sharia make it clear that "war against non-Muslims" is "obligatory for every Muslim". ( Source; "Umdat al Salik; Reliance of the Traveller" Al Azhar University authorised translation which carries this definition; (o9.0) "Jihad: Jihad means to war against non-Muslims, and is etymologically derived from the word mujahada, signifying warfare to establish the religion.")
29. This Article acknowledges that we have duties to the community ensuring a positive environment for the personal development of all. Nations are forbidden to limit these Human Rights in any way. But Sharia, by imposing a particular worldview, restricts people's choices and limits most of the basic rights and freedoms asserted by the UN Declaration.
30. Nothing in the Declaration allows countries to destroy the rights and freedoms it describes, yet many of the Muslim countries who originally voted for it have violated its safeguards; look at the current total lack of religious freedom in Iran, the killing of civilians by government forces in Syria, and also at the current ongoing suspension of Human Rights in Turkey where tens of thousands have been detained by the pro-Sharia Islamist government without trial.
As you have read, nearly every Article of the UN Universal Declaration of Human Rights is in some way opposed by the provisions of Sharia. Because of the basic incompatibility of Sharia and Human Rights, some Islamic countries like Saudi Arabia have always refused to sign up to the UN Universal Declaration of Human Rights. Indeed the 56 Muslim nations of the Organisation for Islamic Co-operation have come up with an alternative agreement, known as the Cairo Declaration which states, "all rights and freedoms stipulated... are subject to Islamic Sharia" and "There shall be no crime or punishment except as provided for in the Sharia". This effectively invalidates many of the rights and protections of the UN Declaration, for example it maintains the stoning to death of adulterers. Sharia cannot evolve with the times, being solely based on Prophet Mohammed's words and example, it is firmly set in 7th Century values.
It has to be said that some of parts of Sharia fail the test of logic, for example, the inheritance rules derived from Chapter 4 of the Koran can lead to complex situations where the total of prescribed shares due to inheritors can exceed 100% of the value of the estate to be divided. Let’s look at a practical example*; the fairly common case of a man leaving a wife, one son and his parents. The relevant rules rules are (4:11); "concerning your children: for the male, what is equal to the share of two females...if there is only one, for her is half...for one's parents, to each one of them is a sixth of his estate if he left children...", & (4:12); "if you leave a child, then for them (your wives) is an eighth of what you leave". So concerning the son, he gets twice the amount for a female where a sole daughter would get 1/2 (ie 100%), then each of the parents gets 1/6 and the wife gets 1/8. Adding up these shares gives a sum worth approximately 145.8% of the value of the estate. Impossible! The rules fail the test of logic. Sharia inheritance law just doesn’t add up. (*Example taken from "Islam Undone" by Abel & Solomon)
It is clear that Sharia should play no part in the peaceful liberal Human Rights culture we have developed in the West and incorporating Sharia into our legal systems is a retrograde step.
UN Universal Declaration of Human Rights;- http://www.un.org/en/universal-declaration-human-rights/
Organisation for Islamic Co-operation Cairo Decalration;- http://www.oic-oci.org/english/article/human.htm
Note;- The references used in the above article refer to (K) Koran verses, (SB) Sahih Bukhari, (HAD) Hadith Abu Dawud. The complete "Umdat al Salik; Reliance of the Traveller" can be accessed via this website;- http://islamexposed.blogspot.com.es/2010/08/reliance-of-traveller-handbook-of.html
Copyright Abel & Solomon 2016