Protection of Human Rights for Non-Muslims: An Examination of Islamic Ethical Perspectives and Fundamental Rights of Non-Muslims in the Constitution of Pakistan 1973
Abstract
In the complex interplay between Islamic ethical perspectives and the constitutional framework of Pakistan (1973), a profound exploration of fundamental rights emerges, particularly concerning the protection of basic human rights and the rights of non-Muslims. This examination delves into the conceptualization of human rights in Sharī‘ah, the legal status accorded to non-Muslims, and the specific rights guaranteed to minorities within the Islamic legal framework. Within the context of Sharī‘ah, this study explores the comprehensive spectrum of rights designated for non-Muslims and minorities. It investigates their rights to life and peaceful living, respect and honor, impartiality and justice, freedom, fairness and equality, religious belief, and ownership and protection of property. These fundamental aspects underscore the commitment within Islamic ethics to foster peaceful co-existence and harmonious living among diverse communities. Transitioning to the constitutional realm, the Constitution of Pakistan (1973) provides a structured framework for the safeguarding of fundamental rights for non-Muslims. Examining these constitutional provisions reveals the commitment to principles such as equality of citizens, security of person, protection of non-Muslims/minorities, freedom of various forms, preservation of language, script, and culture, as well as social rights. Moreover, the Constitution establishes safeguards against discrimination, unfair taxation for religious purposes, and ensures the protection of educational institutes in reverence of any religion.
This comprehensive exploration seeks to illuminate the harmony between Islamic ethical perspectives and constitutional provisions, exemplifying how the Constitution of Pakistan (1973) aligns with the core principles of Sharī‘ah, upholding fundamental rights for non-Muslims and fostering a society based on justice, equality, and respect for diversity.
