Editor in Chief: Moh. Reza Huwaida Friday, March 29th, 2024

Human Rights and Historical View on Rights

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Human Rights and Historical View on Rights

On the one hand, human rights are one of the most debated issues in modern world. Besides being a significant subject in national and internal policy of many countries, human rights also play a crucial role in international policy. On the other hand, the dominant view of human rights, in most Islamic countries especially in Afghanistan, is negative which is coupled with disbelief. The contradiction between philosophical foundation of human rights and Islamic beliefs which is promoted by many and the dual behavior of the West have doubled the negative view of the public. Many believe that human rights is the achievement of Western secular civilization which intends to empty the society from religious values.  Hence, according to them, believing human rights means abandoning religious faith and attempting to expand Western libertinism. Moreover, some believe that human rights is an instrument which is used by West to exploit Islamic countries.

Ill-fatedly, denying human rights under the aegis of Islam originates in ignorance and unawareness. I strongly believe that many ardent opponents of human rights knows only a little about both Islam and human rights. Denying human rights for being a Western phenomenon is a right example of their ignorance. Awareness of Islam and human rights closes the door to blind faith and paves the way for negotiation among the supporters.

The ill practice of some Western countries in some geographical parts of the world does not smack of human rights denial. Human rights is a philosophical, ethical and legal concept which has passed an evolutionary path throughout the history and embodies as legal rules in human rights’ documents.

When American soldiers tortured, raped, sodomized and abused the prisoners physically and sexually and killed them in Abu Ghraib, and also tortured the detainees and degraded them sexually in Guantanama Bay, they committed human rights violation and the perpetrators are condemned by human rights institutions. Hence, one cannot construe from such ill practices that since human rights originate in West and Westerners themselves violate the human rights, it is valueless. It is mentioned as a prelude to the main topic. 

Let us take a historical view shortly about the concept of right. In the past, people focused more on responsibility the felt towards their master, the king and God rather than pondering over their rights. The age of Enlightenment in Europe changed “right” into central concept. As it was mentioned before, the fact is that human rights was not made overnight, rather it has passed an evolutional path throughout a long history across the human societies. There are two significant elements in human rights discourse which are “to have right” and the right which originates in one’s humanity rather than being formed on the basis of race, color, sex, religion or faith.  Let’s view shortly the concept of right reflected in Antigone’s play.

In Antigone’s play, after Oedipus’ death, it was decided that the two brothers, Eteocles and Polynices were to reign over Thebes taking turns. Eteocles, however, did not want to give away his power causing Polynices to leave Thebes to set up an army. In the fight against Thebes, the two brothers kill each other. After this event, Creon declares that, as punishment, Polynices’ body must be left on the plain outside the city to rot and be eaten by animals. Eteocles, on the other hand, had been buried as tradition warranted. Antigone determines this to be unjust, immoral and against the laws of the gods, and is determined to bury her brother regardless of Creon’s law. She attempts to persuade her sister Ismene to join her, but fails. Antigone buries her brother by herself; eventually Creon’s guards discover this and capture her. Antigone is brought before Creon, where she declares that she knew Creon’s law but chose to break it, expounding upon the superiority of “divine law” to that made by man. She defies his arguments, provoking his wrath and punishment.

Antigone’s determination to bury Polyneices arises from a desire to bring honor to her family, and to honor the higher law of the gods. She repeatedly declares that she must act to please “those that are dead”, because they hold more weight than any ruler, that is the weight of divine law. In the opening scene, she makes an emotional appeal to her sister Ismene saying that they must protect their brother out of sisterly love, even if he did betray their state. Antigone believes that there are rights that are inalienable because they come from the highest authority, or authority itself, that is the divine law. So, according to her, the burial/funeral is the right of the dead, though she does use this term.

Moreover, there exists a wide spectrum of explanation in Aristotle’s writings which can be interpreted as “right”. For instance, he uses “to dikoin” intending a just claim which can be interpreted to “right”.  Hence, the Antigone’s play and the Aristotle’s phrases, which are close to right, show that the concept of right existed in Ancient time; however only the phrases used for right differed.

However, Alasdair McIntyre, a Scottish philosopher, argues there is no word for “right” in any language before 1400.

Anyhow, it is an undeniable fact that in centuries back, having right was not a central concept in political and legal thought and people mostly focused on responsibility. Hence, right in its current usage is the fruit of the attempts made by contemporary men. Moreover, one has to study deeply about the concept of human rights and stop passing blind judgment.

Hujjatullah Zia is the newly emerging writer of the Daily Outlook Afghanistan. He can be reached at outlookafghanistan@gmail.com

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