HUMAN RIGHTS IN ISLAM, THE MODERN CONSTITUTION AND FOUNDATION OF DIGNITY AND EQUALITY

1. A RIGHT DELAYED IS A RIGHT DENIED.” 

Martin Luther King Jr. 

2. TO DENY PEOPLE THEIR HUMAN RIGHTS IS TO CHALLENGE THEIR VERY HUMANITY.” 

Nelson Mandela 

3. THE RIGHTS OF EVERY MAN ARE DIMINISHED WHEN THE RIGHTS OF ONE MAN ARE THREATENED.” 

John F. Kennedy 

1. HUMAN RIGHTS IN ISLAM, THE MODERN CONSTITUTION AND FOUNDATION OF DIGNITY AND EQUALITY 

The preamble of the constitution of Islamic republic of Pakistan 1973 states that the principle of the democracy, freedom, equality, tolerance and social justice as enunciated by the Islam, shall be fully observed. The Constitution of the Islamic Republic of Pakistan explicitly outlines the fundamental rights of its citizens, with Articles 8 to 28 detailing the protections afforded to them. 

The word right in civil society is defined to mean which a person is entitled to have, to do, or to receive from others within the limits prescribed by the Law. In a legal sense a right Is an interest which is created and enforced either by the constitution or by the ordinary Law. In former case, it is a constitutional right, which can only be taken away by an amendment of the constitution, in the letter it is an ordinary right, which may be enlarged, abridged or destroyed by ordinary Law. Fundamental rights are those natural rights, which are personal to the individual as a citizen of free and civilized country and belong alike to every man, woman and child. They are, however absolutely infeasible, but are so unless or until the government, acting in pursuance of the constitution or some Law passed pursuant thereto. Requires their surrender for consideration of public welfare or safety. 

The origin of fundamental rights is traceable to the philosophy of some European writers of the 17^th & 18^th centuries, particular Locke and Rousseau, the theory of natural Laws, English common Law and the economy theory of individualism with its guiding principles Laissez Faire. These vague and not precisely defined the notions of natural rights, where taken by the settlers to the American Continent, where they were given by Lawyers a precise legal form in the constitution of the United States of America and its subsequent Amendments. The American jurists & judges defined them further for almost a century and a half till they were crystallized inti a definite branch of American Jurisprudence. From the Americans they were borrowed by the constituent bodies, which were called upon to make constitutions for European states reconstituted after each of the two world wars. Japan and Eire inserted them into their own constitutions and when Pakistan, India and Burma became independent and framed their constitutions, these rights received special attentions in their scope and formulations. In December 1948, the General Assembly of UNO approved a list of 30 human rights (Human rights are universal and internationally recognized, while fundamental rights are constitutionally guaranteed within a specific country), which are similar to an and include the more important fundamental rights which most of the constitutions of the world have. 

MUHAMMAD MUNIR COMMENTARY ON THE 1962 CONSTITUTION OF PAKISTAN PAGE 83. 

THE LANDSCAPE OF FUNDAMENTAL RIGHTS IN PAKISTAN 

Despite being enshrined in Pakistan’s Constitution, fundamental rights are not adequately protected or guaranteed in practice. Rights such as freedom of speech, the right to peaceful assembly, the right to vote, freedom to profess one’s religion, and the right to personal dignity are theoretically available to every citizen. However, in reality, the enforcement of these rights is often inconsistent and, in many cases, falls short of international standards. This gap between constitutional ideals and practical realities leaves citizens vulnerable to restrictions on their basic freedoms and hinders the overall development of a just and open society. 

For Pakistan to truly honor the principles laid out in its Constitution, it is imperative that the state takes stronger and more transparent measures to ensure that these rights are upheld without discrimination or suppression. Ensuring access to fundamental rights would not only protect individual liberties but would also foster greater public trust in national institutions and contribute to social stability. Therefore, a robust commitment to safeguarding these rights is essential, as it represents the foundation of a democratic society and supports the nation’s progress on a global scale. 

2. ISLAM AND THE UNIVERSAL DIGNITY OF MANKIND: 

Allah has bestowed upon humanity certain rights and privileges, recognizing every individual’s worth. Islam fundamentally upholds the principles of respect, dignity, and fair treatment, granting all humans the right to equality. Every person, regardless of background or status, is entitled to be treated with honor and fairness. This foundation, rooted in Islam, aligns closely with the principles of modern constitutional rights, which serve as a formalized framework for ensuring these fundamental freedoms. 

Islam holds a unique perspective on human rights, one that emphasizes the inherent worth of each individual. The Holy Quran and the teachings of the Prophet Muhammad (PBUH) consistently affirm that every individual, male or female, is valuable and entitled to respect. Islam does not differentiate between race, ethnicity, or gender when addressing human rights, promoting an all-encompassing vision of justice and compassion. Every individual, as a bearer of a soul, is seen as worthy of the highest standards of respect and humane treatment. 

In Islam, human rights are not just societal values rather they are divine obligations. Allah’s guidance directs followers to uphold justice, treat others with kindness, and act with integrity. This framework means that human dignity is not simply a legal or cultural ideal, it is a spiritual duty. 

3. THE ROLE OF CONSTITUTIONS IN UPHOLDING HUMAN RIGHTS 

While Islam provides a moral and spiritual foundation for human rights, a constitution operates as a legal framework to ensure these rights are systematically protected. Constitutions establish the rights of individuals, protecting them from discrimination, inequality, and unfair treatment under the law. By codifying fundamental rights, such as freedom of speech, equality, and freedom from discrimination, a constitution becomes a contract between the state and its citizens, a mutual promise to respect each individual’s dignity and worth. 

The constitution recognizes that every citizen, regardless of gender, background, or belief, is entitled to live with respect and dignity. It aims to create an environment in which each individual can flourish. This mirrors the values emphasized by Islam and the teachings of the Prophet, who advocated for fair treatment, justice, and compassion as the cornerstones of a just society. 

4. THE INTERSECTION OF ISLAM AND CONSTITUTIONAL RIGHTS 

The teachings of Islam and the principles of modern constitutional rights align closely. Both emphasize the dignity of the individual and aim to protect each person from oppression, violence, and injustice. In fact, the ethical and moral dimensions of human rights in Islam are further strengthened when enshrined within a legal framework, ensuring that rights are not only preached but also enforced. 

A just state, one that seeks to uphold Islamic values and modern constitutional rights, must ensure that every individual can live free from fear and oppression. Citizens should feel secure in their identities, rights, and freedoms, allowing them to contribute positively to society. The true purpose of governance, as Islam and constitutional democracies emphasize, is to empower individuals to reach their fullest potential without coercion or fear. 

5. ROLE OF SUPREME COURT IN WORLD CIVILIZATION AND ENFORCEMENT OF FUNDAMENTAL RIGHTS: 

Supreme Courts worldwide play a pivotal role in advancing civilization by safeguarding fundamental rights and shaping a just society. As the highest judicial authorities, Supreme Courts have the power to interpret constitutions and uphold rights, ensuring that citizens’ freedoms and dignities are protected from state or private infringement. They set legal precedents that influence lower courts and often act as a check on government actions, preventing abuses of power and addressing violations of rights such as freedom of speech, equality, and religious freedom. 

Additionally, Supreme Courts contribute to global human rights standards through their decisions, which often resonate be523yond national borders, inspiring legal reforms and fostering international collaboration on justice issues. By enforcing and interpreting laws with respect to fundamental rights, these courts advance not only the rule of law but also help in building inclusive societies. This role is crucial for promoting stability, peace, and respect for diversity in world civilization. 

6. CONCLUSION 

It is the state’s responsibility to guarantee fundamental rights to every citizen, recognizing that these rights form the core of a balanced and just society. To achieve this, the trichotomy of power that dividing authority between the judiciary, legislature, and executive, must be respected. Disregarding this separation risks destabilizing the system, ultimately leading to imbalance and dysfunction. 

The convergence of Islamic teachings with constitutional rights affirms a universal truth every individual is inherently deserving of respect, dignity, and fair treatment. Allah has honored humanity by granting rights that protect personal freedom and promote justice. The constitution, as a product of human endeavor, translates these values into the legal fabric of society, pledging to uphold the fundamental rights of every citizen. Together, these principles establish a strong foundation for a society that values humanity, fosters equality, and safeguards the dignity of all individuals. In this harmonious union, the true role of the state is fulfilled: to protect the freedom, dignity, and rights of its people. 

7. REFERNCES: 

PLD 1965 F.C 72 

PLD 1988 SC 416 

1989 SCMR 523 

2000 SCMR 1137 

2000 PLC 1784 

PLD 2000 SC 869 

AIR 1981 S.C 746 

1982 SC 1325 

1989 CLC 2173 

PLD 2020 SC 269 

M. Munir commentary on the 1962 constitution of Pakistan page 83. 

The Constitution of the Islamic republic of Pakistan 1973 by Muhammad Rafique Butt 

MANAN RAZA KHAN 

Advocate High Court Mananrazakhan@gmail.com 

+92 334 0523794