Survey Of Citizenship Rights In Islamic Laws and Religious Education

Transcription

1 Survey Of Citizenship Rights In Islamic Laws and Religious Education Mohammad Abolfathi 1 and Mona Shamseh 1 Department of political science, Razi University, Iran Received: Nov & Published: Jan issue Abstract: One of the most important legal matters is citizenship rights which are the main field of public law, that discuss about the fundamental relationships between people and their government. The citizenship rights reflect a universal desire for justice and also a society in which everybody can live an honorable life in peace, security and welfare. These rights have been made and executed since the genesis of the human beings, because the inherent greatness in human beings is inherited from God. Western observers look at the citizenship rights as the citizens' participation rights in the administration of the country and its different dimensions cover. The meaning of citizenship rights is to respect and protect the human rights of individuals and the community at large. But citizenship rights in Islam, contrary to the natural law school that the criterion rules of citizenship rights considers only objective facts, and also Contrary to the rational law school that only instructions for the practical reason to extrapolate rights and Law, and in Contrary to the positivist school of law that law and citizenship rights are a purely contractual in nature and credit unions, it has two conjugated surface in nature, That is a real character and credit; Because it belongs to the will of God. And on the other hand, legislation will, in accordance with the will of God is His formative. Thus explaining the citizenship rights laws of Islam are based on facts and good and evil. Islam is the only criterion for determining the citizenship rights of humanity and dignity of the human being and no longer considered a criterion for determining the citizenship rights have not been. This study aims at understanding the natural rights of man in Islam is much wider than the natural rights in Western schools. In this paper we discuss the relationship between justice and citizenship rights and citizenship rights in the Universal Declaration of Human Rights and expression characteristics of law in Western society was Islam was introduced and citizenship rights. In the end it was concluded that Islam is the perfect religion and it is considered comprehensive human rights that the UDHR is a lack of integrity. Keywords: Quran, citizenship rights, justice, and religious teachings of Islam or Islamic religious education. 1. Introduction Citizenship rights in order to create balance in character, tranquility and avoid getting abused and neglected human being by another, is crucial And choices, behavior, values and needs and the legitimate right of people is clear by it. No matter what age and position of humans, all people are respected it; the awareness of the rights of citizens to help us to get rid of the oldinhibitor and non-constructive ideas of the ancients and have a life More productive, more rational, and purposeful. Man has two dimensions: the material and spiritual, and each creature that has two dimensions, it is necessary to perform tasks which are needed in development. If men do the prosecutor's work, God forbid a man of this action, and if there's one good thing to do, is encouraging. Then, all commands of God, In order to promote human evolution. Since humans are rational, wisdom dictates that all creatures have rights of the individual and the public. Citizenship rights are same as the civil behavior and includes courtesy and consideration is altruism and conscientiousness. 2.History of the concept of citizenship The ancient Roman, citizens were divided into two categories. The Citizens or the other Romans, who had the salaries and benefits and peasants, the other peoples who were under Roman rule (Rezai, 2007); In ancient Greece, people living in Greece were two degrees, class

2 citizens, were the original inhabitants of Greece and the second include slaves and non-greeks. The concept of citizenship in Islam: Although the concept of the Islamic nation, before migrating the Prophet (pbuh) to Medina, beyond any boundary belonging to ethnic, racial, ethnic and tribal were fulfilled. But the migration of the Prophet (pbuh) to Medina and collection agents for the government and establish a territory and the population of Medina, The first Islamic state was established in this city. Contrary to modern legal systems in which citizenship means of the following criteria, the criteria of Islam, following the creation of the Creator and religion are central. The viewpoint of Islam, citizenship is of two types: Amy Citizenship means the link which only the believers and Muslims come together and constitute a single nation; The nationality that gathering of human beings with some links such as Nationality, Same language, Race and culture that constitutes a nation. The viewpoint of Islam, main citizenship is based on meaning of the first one and the second meaning is considered a sub citizenship. (Islamic International Law, 1984, p Relationship between justice and citizenship rights In Persian, "citizen" is a word translated from English. In dictionaries amid and Moein, The term is not defined. Justice In word Means equality and non extremes (the Dehkhoda, 1963,) and in the term is giving right of the owner of the right and put everything in its place one of the concepts related to citizenship rights is justice that it is the main particular importance in Islam, and God has dealt it, many times in the Quran. Manner and method of Imam Ali (AS), n the five-year his rule clearly show he like Prophet (PBUH), was very careful to enforce the law and uphold the rule of Islam and always ordered to his agents to perform fairness and following the law. The shortest way, for achieving the social fairness is the existence of the righteous fairness people who institution of fairness has been decorated with the justice and pass lounger way for achieving social justice, away from the concerns of today's complex business practices. In this concept, fairness people just like chess pieces are deemed which does not require the players and moving by self and control the game. The justice man knows very well, all dimensions and indicators of fairness and obey them and all of them appears in the his actions and words. Looking for his rights and well knows in its own right and others obeys of law and attempts to establish balance and equality in society. That's why the world is moving on justice which human soul instinctively familiar with it and is like a spirit and power that acts always in balanced way and is according to the truth and reality and constantly function to the law. (Mir Damadi 1996, p. 30); what to give to law authority and physical power is the will of the government. That is why the government remains stable that it can bring justice. Today, fairness for lawyers is an ideal which is as a source of law means the two concepts of rights and fairness. Although, they are close together but are separated; because the order that established by rights constantly moving and evolving and goes towards perfection, its purpose of perfection fairness and goodness. Citizenship rights based on human rights and human rights are based on equality of people; because rights and fairness is two historic Twin. If people recognize the justice does not match with the law, they do not follow it, willingly. Everywhere and at any time, People want justice to be implemented. Justice for the legislature and rights means to prevent the discriminatory perception law. Generally, following the justice in any society requires both necessary and indispensable elements. In the other words, these elements are justice and freedom. If any society wants to remain, must be balanced. This means that, everything that exists to the extent necessary where is formed of different organizations, Institutions such as economic, political, cultural, administrative, judicial, and educational and.... Activities and tasks in an effective manner divided among the population and to do everything, number of people will be employed, if it is necessary. For the social to be balanced, should be considered to the requirements and according these, persons and services offered; So that the material element to be considered, the whole society to be maintained (Motahari, 2010). If adequate attention to different parts of the social system

3 formed a dynamic community and fair treatment to all people and fair distribution of resources among all people and social organizations cause the different classes of society to survive and continue their life, because of justice. Right from the Arabic word "Hagh" means stability, antievil and constant current or constant being that do not deny it. (Ghayoomi, 1994); The Citizenship Rights is called a set of rules that govern on the relations between individuals in civil society. Hence, the matter is how this relation between people, their rights and duties of each other in the community. Rights of citizens are level of communication to society and the ability to analyze the social, political, cultural, and economic with to care for the environment (Nejati Hossein, 2000). A citizen has some rights in his/her city, That some of these rights are mentioned below: a. Civil Rights: are the law that most basic legal rules governing communication to other individuals in the community, that most prominent civil rights of citizens include freedom of speech, freedom of conscience, freedom of ownership, freedom of movement, citizens' access to public officials and monitoring their performance, nondiscrimination and reflect the views of the people in the media truly. b. social rights: The most important of these rights are rights to form organizations and associations, to express and to meet social demands, to public health, the support of the law, equal treatment in the justice system, the prohibition of torture and coercion, fair wages, rest, recreation and leisure, women in the equal rights of men, hit on human dignity, respect for human rights and the rule of law and freedom to peacefully protest. C. Political rights: are the rights of equal access to positions in the government and the most important political rights include: the right to political participation institutionalized, the right to form a political party to participate in decision-making, the right to a regular periodic elections, the right to dismiss the government through democratic mechanisms, political security and rights right to criticize the government through the institutionalization of freedom of expression and the Citizenship rights has been used in different meanings; In the traditional sense, Citizenship rights were translated from English and the inherent meaning of citizenship and become meaningful In the national context. It consists mainly of law such as the right of self-determination and etc. But in another sense, Citizenship Rights is common meaning and citizens in this sense is synonymous with human Include all rights which a human is having them, in the present era (Ghorbanzadeh, Vahid and Zhyanpour, M., 2007). 4. Citizenship rights In the the Universal Declaration of Human Rights The first so-called "Citizenship rights" was introduced in the Universal Declaration of Human Rights and Citizenship in 1789 French. The Declaration contains an introduction and thirty matters. That introduction involves a series of fundamental concepts and ideas, in which unity of mankind, human dignity, and identification of its Rights that to basis of freedom, justice and peace in the world and the emergence of a world in which, People can be free for expression of their ideas, and without any fear of poverty and it is the highest aspirations of the human. Human rights mean that human is free to his/her life and property and s/he can speak to any language of the pen to others. Human Rights mean that a person can not be sentenced to punishment, without the presence of a jury composed of independent, and means that criminal conviction is based on the rule of law, mean that human is free for choosing to any religion and do it to peace of mind. (Bastenegar, 2002) Human rights in its early stages to had been explained aspects of the individual life which must be protected without any government interference. But, little by little the idea was introduced in the second stage government commitment to nonintervention is not enough, but in some cases, the government should take measures to strengthen the Rights and freedoms do. That is why the international human rights system to determine the scope of individual freedom, the government has an obligation to respect the privacy of its release; in summary it can be said, the ratio between civil rights and human rights, the aspect Being Public or privacy. Although, civil rights and human rights in many cases are used interchangeably and many of the rights enshrined in the Universal Declaration of

4 Human Rights are the shape of the rights of citizens and many civil rights, rooted in human rights, but the difference between them is possible. 5. Citizenship rights in the West A principle of Citizenship rights in ancient Rome of Greece, until the eighteenth century, the form of comprehensive written has not been existed. Ancient law was strictly philosophical. Thus, Aristotle was the founder of legal theorist for the Greeks. At that time, Citizens had been who had full rights; against foreigners and the slaves. Their opinion was strongly the nobleman and hierarchy that it did not mean equality. In the middle Ages, Christian Clergymen associated by oppressive rulers and the feudal, the worst injustice had occurred. They were trampled the human dignity in their courts. The concept of citizenship rights changed in the development of Europe, after middle Ages and the Universal Declaration of Human Rights in France. Legitimate freedom in the West is defined by the liberal school. The philosophical concept of freedom Justified. The principle of sovereignty will on this basis, European after passing under pressure ear resulting from the rule churches corrupt and oppressive governments, with an emphasis on natural law, established legal which remain safe from governments. Accordingly, people based on their merit and virtues, can benefit from the rights. But despite the natural and non-stripping, these rights are defined in the law and through its executable and will be guaranteed. Another view on the rights in Western society is the formation of the Government requires the consent of the adult population and limits of authority of government and people is regulated according to the agreement. So people are not the absolute rights and they cannot also make the absolute rule. Because human rights and its related documents, accepting the reality of states and the rights in this idea is nullified beyond national rights and the will of states 6. Citizenship rights in Islam In all religions, including Zoroastrianism, Judaism, and Christianity was spoken of human rights. The first statement in the world was set about this subject by the great Kourosh who prohibited slavery and ordered to restore all the captives and slaves to their territories. Kourosh saved his country from slavery with this work. But the best and most excellent form of legislation relating to the rights can be found in the great religion of Islam. Islam as a religion of Heaven, despite the oppression of black days and dealing with the surrounding civilizations is remained original and untouched. Quran is the guidance for all people. Islamic monotheism is freedom and monotheism is the only form of worship of God which gives man certainly, peace and hope and makes him responsible. Islam is a religion to save people from the slavery of people like themselves and they are only the servant of God (Shariati, 1970). Foundations rights in Islam are anthropological ideas and certain worldview that has not to be considered, sentences are not recognized Philosophy and limitation if Ejtehad is not clear recognition and execution will not be possible. Accept the responsibility of man to God and the relation servitude with God is very effective in determining the rights of man. But the existence of a common law for all members of society needs to prove the truth and the common nature of humans; Islam teachings deeply about the rights of human beings, animals and plants and the environment. In Islam is special emphasis on other people's rights and that was considered before God's rights. In Islamic tradition has been said "God forgives his rights, But never forgive rights of others." even in the case of non-muslims If they are not hostile to Islam, Islam does not allow to no one to exceed their rights. So should consider Islam is the largest supporter of the drafters of human rights and has no problem with it. But the point is that some provisions of the Universal Declaration of Human Rights, is Issues such as the freedom of man and woman in marriage even Muslims with non-muslims, the absolute equality of men and women in rights in inheritance blood money and... which is at odds with some of the provisions of Islam. So what is important to Islam, restore human rights is according to the will of God and Nothing else. (Bastenegar, 2010, S51-56) The first claim of human rights is almighty God. The principle of the right is from God. God determines it based on Interest and wisdom, for all people. (Mesbah Yazdi, 2010, p. 134)

5 Nature is, equal and universal truth among men which leads them toward perfection and truth comprehensive human reality. According to nature idea, humans have an innate understanding of the attitudes. Accordingly, we can not imagine people as empty containers, because the major feature of nature idea to prove that we aim to bring human rights. Islamic rights is not the only source from reason and conscience, But mixed with the revelation and inspiration Be announced by the prophets to mankind from God, in Islamic thought only God knows, of the good and bad things, and relationships and continuity of them legislation and carnal desires are not impressed, because God is rich and the absolute needless. For the competent reference of the divine law are four The Qur'an, the Sunnah, and the consensus and intellect The Quran is the main source of law in Islamic Thought. Because it is modernity humanity in personal relationships, social, political and international communities in need are the best way for humanity to be rewarded. Here are some of the rights in the Book of Revelation with solid reasons mentioned explain: A- a rule of the Caliphate of people: According to the concept the the verse (Surah Baqarah / verse 34) and (Surah Yunus / Verse 14) we find, God gave man the power of knowledge to be distinguished from the other organisms and this privilege make man the best creature in the world; Man has been able to use this power, All the forces of nature to be been abandoned at his disposal and the intellect and knowledge that he has of civilization and culture. B- The right to dignity, equality and equity: Dignity is the sublime dignity of the human that comes from respect for the rights from the self and others and perform tasks, citing deep sense of humanity that God has given to man as the greatest progress in human nature and interaction. With regard to the concept of the the verse (Surah Isra / verse 70) and (Sura cells / verse 13) we find that all human beings are equal in dignity and rights and Taqwa is the only criterion of excellence. C- Right of Life: Life is gift from God and nobody is allowed to deprive another of life. If anyone has it to take, In addition to deserve Hereafter punishment and being in hell, in this world is sentenced to death because of respect for human life. Public life in the law of retaliation, and remain constant and knows; In Islam the life and death of even one person is valuable and sacred that life and death are all equal members of society. No one can take this right from the person or harm to human body and spirit. In verse 29 of Surah Nesa, God has commanded it. D- Freedom of religion and belief: With regard the meaning (Surah Baqarah / verse 256) in Islamic thought, Religious beliefs is from of heart and Forced and duress it, makes no sense. For Islam to protect heart belief and faith suggested strengthening religious knowledge, not deprive people of freedom and forcing them to have a faith and religion. Because of man's belief is based on free thinking, feelings and desires of the heart, imitation of parents and the influence of the environment (Dai Tribe, 2011). In Islam, man is obliged to own life especially the religious life establishes on the thought and reflection, and getting reason for his actions. Belief in Islam and its legitimacy does not value, If it was not via thinking of ways. The all of emphasis is Islam for better thinking, better shines and freedom of thought is not only detrimental to Islam, But also with thought, the truth of Islam is more brightly. E- The welfare and security: What is the meaning of the verse (Surah Heights / verse 10 and verse Malik / verse 15) comes on, that citizens have the right to be in a safe environment comfortably and they will enjoy of the benefits of everything from God and pay to their businesses as their arbitrary. Islam is great emphases on private property and everyone have the right to take advantage of natural resources. Other Rights is securing them in various areas of finance, life, business, and legal personality. The Holy Quran is forbidden oppression, in any form (Surah Noor / verse 27). Of accuracy and reflect on all the verses, we found that view of Islam to law, is so wisdom with precise angles of religion and religious practice, In all discussions of human rights, encouraging others to help each other and thus leads to human society toward their favorite perfection and dignity of society.

6 7. Conclusion Enlightening school of Islam, as the last divine religious is a comprehensive and complete religion. Therefore, in Islam social rules and regulations have been considered as personal rules. In the view of Islam, social life and relations between people in a society and duties of a citizen to others which he lives, have some principles and rules that every Muslim is obliged to observe in the relationships social behaviors. In the paper we deal with citizenship rights in the Islam and the results are in the following: 1. Human society cannot be considered like living unit that is guided through the guiding force in the good order. In the society social values and roles and creativity of people seem to raise them and one of the main objectives considerable in the human life is to promote it. 2. Islam has assumed some rights for everyone that considering them can increase human understanding and insight and develop a reasonable and proper relationship to state and also other people in the community and promote health and balance in the society. 3. The social system in Muslim societies is to Respect the rights and fairness. Because Islam is a religion that is formed base on balance and discourage people from extremes in the all aspects of life, and about the personal things It is in the balance. 4. According to the Declaration of Human Rights on the rights of citizens, cannot force anyone to not do everything that is not prohibited by law and cannot force anyone to follow what is not in the law. 5. Islam is a set of must and mustn't has been developed to provide and protect human rights that "must" is represented of providing rights and "mustn't" is represented of Obstacles and problems rights. References 1. The Holy Quran. 2. Nahj al, 2002, translated by Jafar Shahidi Tehran Scientific and Cultural Publishing Company. 3. Bastenegar M., From the perspective of human rights scholars Tehran Inc. publication. 4. Jamshidi MH, Imam Mohammad Baqir al-sadr's political ideas martyr Rab Tehran Foreign Ministry Institution Press. 5. Dai race Mohammad Ali, 2011, faith freedom in the Qur'an Tehran Center for thought. 6. Dehkhoda AA Dehkhoda Dictionary, Vol. 34 Tehran state printers. 7. Ghayoomi A., Mesbah Almnyr vol. 1 Qom Daralhjrh. 8. Mesbah Yazdi Mohammad Taghi, Islam legal theory writing M. Karimi Mohammad Mehdi Naderi Qummi nia g 3 Qom, publisher of Imam Khomeini Education and Research Institute (RA). 9. Motahari M., Divine Justice Tehran, Sadra. 10. MirDamadi Syed Abdul Majid. 1996, equity in international relations inter-religious Muslim scholars Christian perspective Tehran, Huda International. 11. Hosseini Seyed Mahmoud, Article in modern society, citizenship participation Journal of Urban Management No Ghorbanzadeh Vahid Zhyanpvr M., Participation in the civic education as a right duty of citizenship Tehran. 13. Pour Rezaei wishes, 2007, citizenship rights Tehran: Arian publication.