Theology and Human Rights in Muslim and Non-Muslim Countries

Abstract

Human rights are rights that humans have not because they are given to them by society, so they are not based on positive laws, but based on their dignity as human beings. These rights are universal and belong to everyone, rich or poor, male or female. Human rights are legal rights, which means that they are the law. Human rights in Islam began with the events of the Medina Charter and the Cairo Declaration. In principle, human rights in Islam refer to al-dlaruriyat al- khamsah or what is also called al-huquq al-insaniyah fi al-islam (human rights in Islam). The concept contains five main things proposed by Imam Ash-Syathibi that must be maintained by each individual, namely protecting the soul, protecting the mind, protecting property, and protecting offspring. These five basic points must be maintained by every Muslim in order to produce a more humane life order, based on respect for individuals for individuals, individuals with society, society with the state, and religious communities with other religious communities. Meanwhile, in the Western world, human rights were formalized in the 17th century in England, starting with the signing of a charter agreement with the nobility known as the Magna Charta. Then, the French Declaration which contains the rule of law that guarantees human freedom in the legal process which then produces an existing human rights principle. This principle is the principle of presumption of innocence. This principle states that people are presumed innocent until there is a decision from a court of law that has valid legal force has stated that he is guilty. It is undeniable that it is the Western world that has officially pioneered the existence of laws that regulate human rights officially and legally. With the declarations made by the West, it automatically affects other countries. In this case, it can be seen that the values of Freedom of Human Rights basically already exist in Islam. It's just that regular and organized arrangements were started by countries outside Islam with various interpretations. To apply the rights possessed by every human being in this world, it is very necessary to hold equality before the law. With this equality, the rights owned by individuals will get the same legal portion and there is no discrimination between one another.