Imam Ali (A.S.) Established Human Rights 14 Centuries Ago!
The era of the Commander of the
Faithful, Ali ibn Abi Talib (A.S.), was marked by many wars. He
experienced three fierce internal wars against the perfidious party
in (Battle of the Camel), the deviators in (Battle of Siffin), and
the apostates in (Battle of Nahrawan). During wars, it is customary
to impose restrictions on public freedom. However, Imam Ali (A.S.)
was the first defender of what is known today as human rights, some
of which are briefly discussed in this article. Among the rights
addressed by texts of international law in the Universal
Declaration of Human Rights and the International Covenant on Civil
and Political Rights are the following:
Right of Equality and Non-discrimination
One of the fundamental principles of
international human rights law is that all people are equal before
the law and have the right to equal protection without
discrimination. Article 7 of the Universal Declaration of Human
Rights is as follows:
“All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.”
Islam has long preceded international law in establishing
principles of equality and non-discrimination. Imam Ali (A.S.) once
in a sermon and after praising Allah, the Almighty said:
“O people! Adam did not give birth to a slave or maid and all
people were free. However, Allah has given some of you authority
over others. So, whoever encounters hardship, let them bear it with
patience in goodness, for Allah will not bestow His favours upon
anyone except that there is something to befall them, and we are
all equal in it, whether black or red’ Marwan said to Talha and
Zubayr: "He meant no one but you two by this. The narrator adds
that Imam Ali (A.S.) then gave each of them three dinars, and he
also gave three dinars to a man from Ansar(supporters). After that,
a black slave came and he gave him three dinars. The Ansari said:
"O Commander of the Faithful, this is a slave whom you freed
yesterday, and you make me and him equal?" Imam Ali (A.S.) said: "I
looked in the Book of Allah and I did not find that the offspring
of Isma'il has any virtue over the offspring of Isaac.”
( Al-Kafi, Ch.8,p.69)
In the famous letter of Imam Ali (A.S.) to Malik al-Ashtar, the
governor of Egypt, ordering him to treat his people with mercy and
not to discriminate between them on the basis of colour, religion,
or ethnicity. He said:
“Let your heart be filled with mercy and love for your subjects and
be kind to them. Do not like a voracious predator that pounces on
its prey, for they are of two kinds: either your brother in
religion or your equal in humanity. They commit slips and encounter
mistakes. They may act incorrectly, wilfully, or negligibly. So,
extend to them your forgiveness and pardon, in the same way as you
would like Allah to extend His forgiveness and pardon to you,
because you are over them and your responsible Commander (Imam) is
over you, while Allah is over him who has appointed you. He (Allah)
has sought you to manage their affairs and has tried you through
them. Do not set yourself to fight Allah because you have no power
before His power and you cannot do without His pardon and
mercy.” (Al-Rishahri M., 2005, p.234)
The same thing as the instruction given to Muhammad ibn Abi Bakr by
Imam Ali:
“Behave humbly with the people, keep yourself lenient, meet them
large-heartedly, accord them equal treatment so that the big should
not expect injustice from you in their favour, and the low should
not be despondent of your justice to them.” (Ibn Abi
al-Hadid, 1962, p.163)
The following is his statement when he was blamed for favouring
justice in giving:
“Do you [people] command me to seek victory through injustice
against those over whom I have authority?... If the wealth were
mine, I would have distributed it equally among them. However, how
can I do so when wealth belongs to Allah?” (ibid, p.109)
Right of Freedom of Expression and Opinion
Imam Ali (peace be upon him) was allowing others to
discuss him on every matter and gave ample space for disagreement
in opinion. Even the Kharijites would engage in debates with him
about everything, even Salat. He (peace be upon him) established
the principle of just and righteous governance by emphasising that
a ruler should accept the truth when presented and act with justice
when faced with a situation. If the weight of these principles
became heavier, he would adhere to them even more. He (peace be
upon him) said:
“Do not address me in the manner in which the despots are
addressed. Do not evade me as the people of passion are (to be)
evaded, do not meet me with flattery, and do not think that I shall
take it ill if a true thing is said to me because the person who
feels disgusted when truth is said to him or a just matter is
placed before him would find it more difficult to act upon
them.” (Nahjul Balagha, ch.2, p.201)
Rather, he (peace be upon him) would seek advice and counsel from
his people.
“Do not abstain from saying truth or pointing out a matter of
justice because I do not regard myself above erring. I do not
escape erring in my actions but that Allah helps me (in avoiding
errors) in matters in which He is more powerful than I.”
(Ibid, Sermon 216)
Right of Peaceful Assembly
It is stated in Public Comment No. 37 for the year
2020 by the United Nations High Commissioner for Human Rights: “The
fundamental right to peaceful assembly allows individuals to
express themselves collectively and participate in shaping their
society.” The first sentence of Article 21 of the International
Covenant on Civil and Political Rights states the following: “The
right to peaceful assembly shall be recognized.” The religion of
Islam preceded them in that, as the Commander of the Faithful, Imam
Ali, peace be upon him, allowed the Kharijites to assemble in
Nahrawan and in other places. He did not restrict their freedom of
movement. He also allowed Talha and Zubair to leave Medina for
Mecca, knowing that they had intended to betray him. ‘Our sheikh
Abu Uthman narrated’, Ibn Abi Al-Hadid said:
“When Talha and Zubair left for Mecca and deceived the people by
claiming that they were going for Umrah, ‘Imam Ali’, peace be upon
him’, said to his companions, they do not intend to perform Umrah;
rather, they intend to commit treachery.”
Right of Ownership and Restriction on Disposition
This right has been affirmed by the Universal
Declaration of Human Rights. However, Imam Ali, peace be upon him,
went beyond this. In addition to prohibiting his military leaders
from confiscating people's property during war, even if they were
non-Muslims, he ordered them to prioritise the rights of the locals
over his own army. He prevented his army from monopolising water
resources at the expense of people. In his will to Jariyah bin
Qudamah al-Sa'di, who was the commander of the army to Yemen when
he was sent to confront the army of Muawiyah that led by Bisr bin
Art’ah, who committed atrocities, Imam Ali, peace be upon him,
advised him:
“I advise you, O Jariyah, to fear Allah for it encompasses all
goodness, and seek help from Allah. Defeat your enemy whom you have
been sent to confront and do not fight anyone who does not fight
you and do not attack the wounded. Do not ride any animals... and
do not appropriate the water of the locals; drink only from what
they offer you willingly. Do not insult a Muslim man or woman as it
may lead you to commit what you admonish others for. Do not oppress
a treaty holder or violate any treaty.” (Al-Mahmoodi, M., Nahjul
Sa‘ada,1965,p.367)
Therefore, the United Nations Development
Programme for Human Rights, Environment, Livelihood, and Education
issued its report in 2002, in which Imam Ali (peace be upon him)
was considered a leading figure and exemplar in promoting social
and humanitarian justice. The report included excerpts from the
instructions of the Commander of the Faithful, Imam Ali (peace be
upon him), found in Nahj al-Balagha, in which he advised his
workers and leaders. The report mentions that these magnificent
instructions are a source of pride in promoting justice, advancing
knowledge, and respecting human rights