The Mandate Of The Grievances is a Guarantee of Human Rights

Abstract

Islamic law was not limited to determining human rights only, but it also came with means to protect rights and ensure the enjoyment of them. Islamic law identified three bodies to assume this role: individuals, groups, and the state. As for the individual, the mere performance of his religious duties is considered one of the guarantees of human rights in Islam. A Muslim abstains from killing himself, attacking money and honor, spying, and pursuing people’s private parts. His religion also commands him to enjoin good and forbid evil. In addition to many jurisprudential rules that in themselves constitute strong guarantees of human rights, such as the rule “no harm, no harm.”

As for the role of the group, it is represented in its duty to enjoin good and forbid evil. The role of the Islamic state is also embodied in the existence of three parallel systems that protect human rights. These systems are represented by the ordinary judiciary, the hisbah system, and the guardianship of grievances, which exercises various powers: such as preventing the abuse of governors, protecting the subjects, and being the owner of grievances. This jurisdiction is exercised on its own initiative and by force of law, and through these jurisdictions we see the importance of this jurisdiction in protecting public rights and freedoms by deterring and rebuking those who aggress against them, no matter how strong they are.