Islamic Law and International Human Rights Law on Rights for People with Disabilities

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Islamic Law and International Human Rights Law on Rights for People with Disabilities

Dr. Md. Iqbal Hossain[1]

 Abstract:

Disabled people tend to be learning disable or vulnerable under the current structures to become deviant in each society. At present, the number of the disabled around the world is estimated as 600 million. This is a global problem, the word disability carried social inferiority or stigma all over the world, and they are the most marginalized group, multiply handicapped by social, economical and physical conditions. As a main body representing countries all over the world, United Nations has strong stand to protect Human Rights of the people with disabilities. Certain amount of the people whole over the word belief in Islam. As complete code of life Islam has strong influence of sharia that is Islamic law to its followers. People with disabilities are a vast topic in Islamic society due to humanity, because Islam is a religion of human being. We want to discuses some sort of legal terms that established on the basis of Holy Quran and Sunnah to protect the right of the people with disabilities.

Definition of disability:

Disable noun plural disabilities that are indicate 1. Physical or mental condition that limits a person’s movements, senses, or activities. 2. Disadvantage or handicap and learning disability noun a condition giving rise to learning difficulties, especially when not associated with physical handicap[2]. Wide definitions of learning disability are given below:

Impairment is the functional limitation within the individual caused by physical, mental or sensory factors; a disability is the loss or limitation of

 Opportunities to take part in the normal life of the community on an equal basis with others imposed on people with impairment by physical and social barriers.[3]

A person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities

International Human Rights Law and the people with disabilities:

According to the latest reports of the United Nations Organization, people with disabilities are the world’s largest minority. They are 650 million people representing about 10% of the global population on earth. According to the World Health Organization (WHO), this figure is increasing through population growth, medical advance and the ageing process. In countries with life expectancies over 70 years, individuals spend on average about 8 years, or 11.5% of their life span, living with disabilities. The UN Development Programme (UNDP) stated that 80% of persons with disabilities live in developing countries. The UN Special reporter declared in 2000, “In all countries, in all types of living environment, the consequences of disability interfere in the lives of disabled persons to a degree which is not at all accepted.”[4] These facts have been one of the decisive factors that spurred an increasing international interest in improving the conditions of people with disabilities.

As the main body representing countries all over the world, the activities of the United Nations Organization reflects this international interest. On December 20, 1971, the UN General Assembly proclaimed the declaration on the Rights of the mentally retarded persons calling for national and international action to ensure that this declaration will be used as a common basis and frame of reference for the protection of the rights of those people.[5] There have seven important decisions to protect mental disabilities.[6] This was followed by the declaration on the rights of the Disabled People proclaimed by the UN General Assembly on December 9, 1975[7]. After almost one year, precisely on December 16, 1976, the UN General Assembly adopted the resolution no 31/123 by which it proclaimed the year 1981 the international year of Disabled persons. The period 1983-1992 was declared by the UN as the decade of people with disabilities. On December 20, 1993, the slandered rules on the equalization of opportunities for persons with disabilities were adopted by the United Nations General Assembly in its resolution 48/96. The latest development in this regard was the convention on the rights of persons with disabilities adopted on December 13, 2006 by the United Nations. The optional protocol of this convention was opened for signature by all states at the United Nations Headquarters in New York on March 30.2007.

This increasing concern for disability-related issues and the rights of people with disabilities has also evoked interest in the position of religion as part of people`s cultures vis-à-vis the phenomenon of disability.[8]Many of the UN documents on people with disabilities made reference to this dimension, especially the standard rules on the equalization of opportunities for persons with disabilities on which the 12th rules was dedicated to religion. In this framework, religion played important role for the people with disabilities.[9] As a concern human religion Islam has pragmatic stand towards children, older and the people with disabilities[10].

Basic concept of Islamic Laws in the Holy Quran and Traditions of Prophet (sm) for the people with disabilities

Disability in the holy Quran is the idea of perfection from the Islamic perspective. We know that we have biological limit, we cannot consider the idea of absolute perfection. Because all absoluteness belonging by almighty Allah. In human nature has some sort of ambitions and individual idea although they are unique in body fitness or bring some learning disabilities. We want discuss in here about disability and its various terms that discussed in the holy Quran.

The Holy Quran discussed “Verily, We create man in the best conformation.”(95:4) Said again “and thereafter We reduce him to the lowest of low-excepting only such as attain to faith and do good work”(95:5-6). Thus in Islam “ evil is never essential or evil original… The Islamic teaching definitely asserts, we everyone of us- can reach a full measure of perfection by developing the positive, already existing traits of which our individualities are composed.

 Mankind! We created You from a single (pair) of a male and female, And made you into nations and tribes, that ye may know each other ( Not that ye may despise (each other). Verily the most honored of you in the side of God is (he who is) the most righteous of you. And God has full knowledge and we all acquainted (with all things)[11]

According to the Quranic concept all people belong to one human family; every person is created out of the same father and mother- implying that the equality of biological origin should be reflected in the equality of human dignity common to all. This connects with the exhortation, in the preceding two verses to respect and safeguarded each other’s dignity. Human evolution into nations and tribes is mean to foster rather than to diminish their mutual desire to understand and appreciate the essential human oneness underlying their outward differentiation. According to the verse, the noblest of human being in the sight of God is the most deeply conscious of Him. God`s measure of a human being`s worth relies not on physical attributes or material achievements, but on spiritual maturity and ethical development. The prophet most explicitly communicates this when saying; “Verily God does not look at your bodies or your appearances, but looks into your hearts.”[12]

The Quran and the Hadith taken and extra step to stress the necessity of applying the above stated attitude towards people with disabilities. For example what could be seen as a minor act of discourtesy on the part of the prophet towards a person who was blind. Very related traditions of prophet (sm)…some of the most influential chief of pagan of Mecca were sitting in the Prophet`s meeting. The Prophet was earnestly engaged in trying to pursuit them, and through them the community in Macca at large, to accept Islam, at that very point, the Prophet was approached by one of his followers, who was blend, to seek explanation on certain passages of the quran. Annoyed by this interruption of what he considered a very important in devour (that explaining the spirit of Islam) The prophet frowned and turned away from the blind man.  The Quran says

He frowned and turned away because the blind man approached him! Yet for all thou didst know, [O, Muhammad] he might perhaps have grown in purity, or have been reminded [of the truth], and help by this reminder. Now as for him who believes himself to be self- sufficient- to him didst thou give thy whole attention, although thou art not accountable for his failure to attain to purity; but as for him who came unto thee full of eagerness and in awe [ of God]- him didst thou disregard (80: 1-10)

Above verses indicated that people with disabilities are to be treated with full regard and to have the same subject to subject relation that is granted to the non-disabled. A deeper analysis, however, revealed even more. Considering the timing of this incident ( at a very early stage of the Islam) and Muhammad apparent keenness to gain followers among the wealthy and powerful members of society, this verses indicate that the value of the sincere seeker of God, even though weak and/ or disabled, is more than that of one who is heedless of God, no matter how wealthy or powerful. Now I want to discusse variation of the people with disabilities and legal indication of the Holy Quran:

Blind: Its came from Arabic A`ma. A`ma repeated in the holy Quran 32 times. According to Lisan ul- Arab, Arabs used the verb Amiya to mean not seeing or not being able to see.[13] The positive voice of amiya was used at least nine verses to mean was not able to see the spiritual guidance. Only three times the word a`ma was used in the Quran (24:61, 48:17, 80:2) to refer to a person who has lost his or her eyesight. In all of the verse derivatives of the Arab amiya are used to refer to the loss of spiritual insight and not the loss of vision of eyesight in the physiological sense.[14] The Quran clearly states “Have they then never journeyed about the earth, letting their hearts gain wisdom, and causing their ears to hear? Yet verily, it not their eyes that have become blind- but blind have become that hearts that are in their breasts!”[22:46] the following verses was revealed in conjunction with fighting in cause of God-a duty of all Muslims: “No blame attaches to the blind, nor dose blame attach to the lame, nor does blame attach to the sick [ for staying away from a war in God`s cause] but whoever heeds [the call of] God and Him apostle [ in deed or in heart] him will He admit into gardens through which running waters flow; whereas him who turns will he chastise with grievous chastisement.(48:17)

The verse provided permission to people with physical condition not to fight. The second part of the verse “but whoever heeds [the call of] God and His Apostle [in deed or in heart] him will He admit into garden though which running water flow” stresses that despite permission, it is still better for those exempted to participate within their power, that is, “heed [the call]” in whatever form they can, as by providing help and consultation.

Mute: In Arabic word abkam from bukm conventionally known mute. This word pointed six time in the holy Quran. The word abkam was used to refer to a person who can speak but cannot speak well because of ignorance, cannot reason his answere, or cannot turn to his or her heart for guidance. In all of six verses (2:17-18, 2:171, 16;76, 6:39, 8:22, 17;97), the Quran uses the word bukm in a parable to those who strayed from the way of God.[15] The context in which the word bukm appears in these verses stresses that the parable is not intended to be with people who are physiologically mute. For example, the Quran describes those who stay from the way of God in verse 2:18 as bukm  who cannot turn back. In verses 2:171 and 8:22 they are described as bukm who do not use their reason. And in verses 6:39 and 17:97 they are bukm who do not go the straightway. Cross-referencing these verses leaves us with the conclusion that the word abkam in the Quran is intended to signify one who is spiritually, ethically or morally bereft.

When asked by one of his companions “from what do we give sadaqah[16] if we do not possess property? Mohammed replied, ‘the doors of sadaqah are…guiding the blind; listening to the deaf and mute until you understand them; guiding a person to his object of need if you know where it is; hurrying with the strength of your legs to one in sorrow who is appealing for help; and supporting the weak with the strength of your armss[17] thus laying down the responsibility of everyone to treat the deaf and mute with patience and courtesy.

Deaf: According to Listen Ul-Arab, the word assum has numerous meaning and usages. The term refer to a person who was born deaf was hard of hearing. There is a 14 verses in the holy Quran that contain the word atrash. In every verse we have gotten adequate order to serve their purpose. There is a impotent indication in the Holy Quran “It is no fault in the blind, nor in one born lame, nor in one affected with illness, nor in yourselves, that ye should eat your own houses, or those of your fathers, or your mothers, or your  brothers or your sisters or your fathers brother, or your fathers sisters, or your mother sisters or in house of which, the keys are in your possession, or in the house of sincere friends of yours, there is no blame on you, whether ye eat in company or separately, But if ye enter houses, salute each other, A greeting of blessing and purity as from God, Thus does God make clear the sings to you: that ye may understand.”(24:61)

The Holy Quran clearly declared that the lame, alongside the blind and the sick , and removes any superstitious notion that people must attach to people with disabilities. There is a important instant from the tradition that makes sense about disabilities. “Amr Ibn Al Jamuh was already an old man when Islam reached at Medina. He was partially lame in leg. After accepting Islam he felt strongly about joining his three sons who were preparing to fight in the battle of Uhed. The sons were against their father`s wish given that he was excused from the duty to fight because he was old, weak and lame. Amr told this case to Prophet (sm) who told the son let their father have his wish. Amr and one of his sons were close to the Prophet during the battle, they defended the person of Prophet when matters got really dangerous, and they fell on the battlefield and died within moments of each other.”[18]

Lame: (Araj) We found two verses containing the word lame The Quran says: No blame attaches to the blind, nor does blame attach to the lame, nor does blame attach to the sick, and neither to your selves for eating [ whatever is offered to you by others, whether it be food obtained] from your [children] houses, or your fathers houses or your mother houses, or your brother houses, or your sister houses or your paternal uncles houses or your paternal aunt houses or your maternal uncles houses or your maternal aunts houses or [houses the keys whereof are in your charge, or [the house] of any of your friends; nor will you incur any sin by eating in company or separately. But whenever you enter [any of these] houses, greet one another with a blessed, goodly greeting, as enjoined by God. In this way God makes clear unto you His message, so that you might [learn to] use your reason.(24:61)

These verses explained the lame, alongside the blind and the sick, and remove any superstitious notions that people might attach to people with disabilities, often leading to their exclusion. By doing that the Quran reverses many of the prevailing customs, even to this day, towards people with disabilities and urges their inclusion in the society. Remove any blame from, and grants permission to, the person who is lame for not going to war. As started earlier, even though permission is granted to certain people, they are still advised to heed and obey the call of God as much as they can.

Amer Ibn Al-Jamuh was already an old man when I slam reached Medina. He was also partially lame on leg. After adopting Islam, he felt strongly about joining his three sons who were preparing to fight in the battle of Uhud. The sons were against their father`s wish that he was excused from the duty to fight because he was old, weak and lame. Amr took his case straight to the prophet during the prophet who told the son to let their father have his wish. Amr and one of his sons were closed to the prophet during the battle, they defended the person of the prophet when matters got really dangerous, and they fell on the battlefield and died within moments of each other.

Weak (Daif):  Weak in Arabi da`if. The word means weakness. 22 verses in the holy Quran founded the word da`if. In The verses 4:28 and 8:66 seems to explain the Quran`s position towards human in general; the human have been created weak and that God wants to lighten their Barden in the temporal as well as spiritual and religious matters. The Quran says

It is He who has created you from the dust, than from a sperm-drop, Then from a leech-like clot; Then does he get you out (into the light) As a child: then lets you (grow and) reach your age of full strength; then lets you became old, – Though of there are some who die before; and lets you reach A term appointed; In order that ye may learn wisdom.( 40:67)  It is God who creates you [all in a state] of weakness. And then, after weakness, ordains strength [for you], and then after [ a period of] strength, ordains [old-age] weakness and grey hair.( 30:54)

These two verses lead us to conclude that childhood and old age are two of the Islamic definitions of weakness to which the Quran alludes.

Another interesting term is mustad`afum . The maining of mustadafum those who are deemed or seen to be weak and, therefore, oppressed or exploited. The Holy Quran makes the distinction between  du`afa. Those who are weak, and mustada`fun those deemed weak. The Hebrews of Egypt at the time of Moses are described in the Quran as heaving been mustada`fun by pharaoh and his ilk. It seem to us, since the Hebrews were not few in number nor were they any weaker physically, than  any other group in the society, that their weakness was in their law standing in the Egyptian society, which was the basis for their oppression and  humiliation at the hands of pharaoh`s people.

The term mustadafin appears several times in the quran and encompasses men, women and children without distention. For this described as such, the qur`an urges extreme help and protection and rights, interestingly, however, the Qur’an says:

Behold, those whom the angels in death while they are still sinning against themselves [the angels] will ask, ‘’what was wrong with you? ‘they will answer “We were [mustad afin] on earth’’ [The angels] will say was then, God`s earth not wide enough for you to forsake the domain of evil? For such, then, the goal iss hell- and how evil as journey`s end! But excepted shall be the truly helpless [mustad`afin] be they men or women or children- who cannot bring forth any strength and have not been shown the right way.( 4:97-98)

These verses to imply that one who has an option to flee the condition of oppression or weakness cannot label herself or himself truly mustad`af this term is reserved for those who have no recourse and can find no way out of their condition.

Orphan: (Yateem) The Arabic word for orphan is yateem from the root ya-ta-ma. The traditional meaning of the word signifies one who has lost his or her father before reaching the age of poverty. A more generic implication is the loss of baking and support ( represented by the father) before attaining to strength and independence According to lisan-ul-arab yateem also bears the meaning of one who is ignored or forgotten that help or aid never finds its way to him or her. In general, the term means the absence of a champion or an advocate during weakness and youth. The worth appears is some from 20 times in the Holy Quran. Five of which speak specifically and directly about the case of an orphan whose wealth is administered else. And the duty of such a guardian to preserve and protect the wealth and turn if over once the orphan child reached maturity. However, the majority of the occurrences where yateem is mentioned just speak of an unspecified yateem. And very often in association with miskeen and ibnus sabil (the destitute and the wayfarer). One particular verse enjoins that Muslim should stand firm for equity for the yateem . All this Leeds us to believe that Islam accorded the yateem– in the wider sense of the word- a special status.

One verse of the Qur`an says:  “And they will ask thee about [how to deal with] orphans. Say ‘To improve their condition is best.’ And if you share their life,[remember that] they are your brethren: for God distinguishes between him who spoils things and him who improves”(2:220) The implication here is that if one shares his or her life in any form with the yateem  ( in the most  meaning of the word) she or he should treat them like siblings, look for and after what in the yateem`s interest, and not damage their interest in any way. Prophet said, “I and the one who  looks after a yateem will be like this in paradise, holding out his middle and index fingers and separating them only slightly”.(Bukhari-7.224) by this the prophet was encouraging all Muslims to take caring for the yateem so that they may gain this high reward.

Distute (Miskeen)/Needy (Faqeer: The term faqeer means one who is deficient or has a need for something, and that it is the opposite of ghani (Self- sufficient). The term Miskeen who cannot satisfy her or his most basic needs his food, shelter, clothing and so on. Prophet said, “the miskeen is not the one who goes around and ask for a mouthful or two or a date or two (begging) but the miskeen is that who has not enough to satisfy his needs and whose condition is not known to others that others may give him something in sadaqah, and who does not beg of people[19]

Nineteen verses in the Quran call on Muslims to address the issue of the miskeen (which we will refer to as the destitute) and only five verses call on them to address the issue of the faqeer (which we will refer to as the needy). The calls for the destitute and those for the needy differ also in scope. For example, whereas Muslim are exhorted mainly to give sadaqah and zakat  and to feed to needy, they are exhorted to show ihsan towards the destitute (2:83 ; 2:177; 4:36) The term ihsan  explained as the highest level of al-birr that means to do all kinds of good deeds, to put and fix things right (al-islah) and to abstain from doing harm and form withholding the rights of people, Furthermore, God stresses the importance of carrying  out his call for the destitute by linking it to the most important principals in Islam.

The destitute does not ask for help or beg of people. As such his or her condition remains unnoticed. The Quran command to Muslims to show ihsan towards the destitute implies, therefore, that it is incumbent upon Muslims to seek out those in destitution and to fulfill the command of God.

Wayfare (Ibn Us-Sabil): Ibn Us-Sabil means the traveler. The Holy Quran mention people who are in travel or on a trip by using the term ala safar and, with the exception of some accommodation to ease of performance of required rituals, it treats them quite casually. Ibn-us Sabil  is repeated eight in the Holy Quran, virtually always adjoined by the term yateem and miskeen and always with the strong exhortation to Muslim to show kindness and to show ihsan.

Legal activities about People with disabilities in Muslim world

As a member state of the United Nations, Islamic countries bound to follow the roles and regulation that produce by UN. Activities for the people with disabilities we have seen rapidly increased last two decade. They involve many of the activities promoting interest in people with disabilities such as the standard rules on the equalization of opportunities for person with disabilities endorsed by the UN in 1993[20] and the convention on the rights of people with disabilities adopted by the United Nations in 2006. Islamic countries interest and activities to establish legal frame was also crystallized in a big number of conferences some of which were organized jointly UN and WHO. For example, In 1981 the Kuwait Regional Conference on the Disabled held in April to established Arab Declaration on work with the Disabilities.[21] Some of these conferences emphasize to establish law with the view point of Islam concerning disability-related issues. In September 29th to 2nd October 1997 held tenth Juristic Medical Symposium entitled “Legislation of Psychological Health in Different Religious Codes of Law including the Islamic Law”[22] was held in Kuwait. This symposium was organized by the Islamic Organization for Medical Science in corporation with the World Health Organization. Eleven papers submitted to these programs titled disability from an Islamic perspective. Just like same conference was held during 23-26th October,2000 in Riyadh, Kingdom of Saudi Arabia. This program organized by  The Disable Children Association and prince Salman Centre for Disability Research. Nearly 200 articles were presented in this conference adopted important resolution among which was the encouragement of research on prospective within Islam on people with disabilities. The participants united establish law about “Rehabilitation of the Disabled and care of the elderly In the Islamic world: strategies for the 21st century. There was important article about “Humanity and Disability in Islami Fiqh” wrote by M,Umer Chapra. He specially emphasized to treat the people with disabilities as part of society due to complete the mission of Islam. He said, “The Muslim Ummah is a nation with a mission which upholds a vision for mankind. It is a required to undertake, individually and collectively, active struggle to establish justice within and without, so as to enable humanity to seek the good in this world and in the Hereafter.[23] This conference was held by the Islamic World Council on Disability and Rehabilitation during the period February 10-12, 2001 in Khartoum Republic Sudan. Among the topics of this conference were the rights of disabled persons from the viewpoint of the Islamic Sharia such as Medical treatment, rehabilitation, work, training, exemption from tax and custom duty payment, equality participation, social integration and equal opportunities.[24]

Undoubtedly all this activities participated in evoking considerable interest among modern scholars of Islam as well. More than one scholar expressed his call to promote research studying the status of people with disabilities in Islam such as two Saudi scholars Abd Allah b. Jibran and Abd al-Muhsin  Nasir Al-Abikan. This holds true to the extent that some scholars called for developing a special branch of Islamic jurisprudence focusing exclusively on people with disabilities under the title Fiqh al-I aqa wa al-mu awwaqin “Fiqh (Islamic Law) of Disability and People with Disabilities”. This term as far as I am aware – was coined first by the tenth Juristic Medical Symposium held by the Islamic Organization for Medical Science (IOMS) and World Health Organization (WHO) in 1997 Kuwait. This call was met with approval for instance by the well-known scholar, Yusuf al-Qaradawi[25] All activities that maintained overleaf organized and galvanize by the spirit of Universal Declaration of Human Rights,1948 and Cairo Declaration on Human Rights in Islam at 1993.[26]

Conclusion:  According to above discussion we conclude that people with disabilities has strong support, human stand and legal frame in Islam on the basis of the Holy Quran and Traditions (Sunnah). I tried to show the Holy Quran that is fundamental basic of Islamic Law concentrates on the notion of disadvantage that is created by society and impose on those individuals who might not possess the social, economic or physical attributes that people happen to value at a certain time and place. Islamic law consistent with its view that every person is potentially perfect so long as they work on developing their innate and individual qualities to the limit of their individual differentiation seems to view this physical condition as morally natural. I think that physical conditions are viewed in the Holy Quran as neither a curse nor a blessing; they are simply part of human condition. The Holy Quran removes any stigma and barrier to full inclusion of people with physical conditions. Consistent with the Quranic tenet that “Allah does not burden any human being with more than he is will able to bear.”(2:286) Islam offers relief from certain commands and requirements so as to address the difficulties that arise from the nature of the specific condition. Despite the permission, the expectation to exert oneself to the best of one`s individual ability, both in the spiritual and temporal spheres, remains the same for everyone.

Bibliography

Ann Elizabeth Mayer, Islam and Human Rights Oxford:Westview Press,2007, 4th ed.

Al-Qaradawi, “Disability and Handicapped in Islam” online, http://members.tripod.com/maseeh1/advice7/id89.htm

Colin Barnes, Disabled People in Britain and Discrimination: A case for anti-discrimination legislation, London: Hurst, 1991

General Quinn, Human rights and Disability New York: United Nation Publication, 2002

Abdullah Yusuf Ali, Meaning of the Holy Quran Beirut:Lebanon,1410h

Imam Muslim.Sahih Muslim Translated by Iftekar al islah  Bairut: 1998

Jamal Ibn Mandhoor Lisan ul- Arab,Beirut : Dar Ehia Al-Turath Al-Arabi

Abdullah Yusuf Ali, Meaning of the Holy Quran, Published Date unknown

A Sabiq Fiqh us-Sunnah  Cairo:Dar-Al Fath,1987

M.A.Al-Razi, Mukhtar al-sihah, Beirut: Dar Ehia Al-Tourah Al-Arabi,1999

Abu Abdullah Muhammed ibn Ismail al Bukhari, Shahih al-Bokhari,

M.Umer Chapra, Muslim Civilization The Causes of Decline and the Need for Reform (Leicestershire: The Islamic Foundation,2008

Deborah Creamer, “Including all Bodies in the Body of God: Disability and the Theology of Sallie McFague” Journal of Religion, Disability and Health, Vol.4 9(4) 2005

Disability Discrimination Act, 1995

Convention on the Rights of person with Disabilities (2006),

The UN Rules on the Equalization of Opportunities for the person with Disability: Main report,

Http://Www.Askoxford.Com/Concise_Oed/Disability?View=Uk, Http://Www.Who.Int/Topics/Disabilities/En/ Http://Www.Opsi.Gov.Uk/Acts/Acts1995/Ukpga_19950050_En_1.Htm#End

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[1] Dr. Md. Iqbal Hossain is a Professor of the department of Da`wah and Islamic Studies, Islamic University, Kushtia, Bangladesh. email: iqbaliu@gmail.com

[2] . http://www.askoxford.com/concise_oed/disability?view=uk, Access 10 April 2010

[3] .Colin Barnes, Disabled People in Britain and Discrimination: A case for anti-discrimination legislation, (London :Hurst, 1991), p.2

[4] .Convention on the Rights of person with Disabilities (2006), http://www0.un.org/disabilities/, http://www2.ohchr.org/english/law/disabilities-convention.htm

[5] .Declaration on the rights of Mentally Retarded Persons (1971), http://www.lawphil.net/international/treaties/drmrp.html

[6] . Important seven resolution are given below:

  1. The mentally retarded person has, to the maximum degree of feasibility, the same rights as other human beings.
  2. The mentally retarded person has a right to proper medical care and physical therapy and to such education, training, rehabilitation and guidance as will enable him to develop his ability and maximum potential.
  3. The mentally retarded person has a right to economic security and to a decent standard of living. He has a right to perform productive work or to engage in any other meaningful occupation to the fullest possible extent of his capabilities.
  4. Whenever possible, the mentally retarded person should live with his own family or with foster parents and participate in different forms of community life. The family with which he lives should receive assistance. If care in an institution becomes necessary, it should be provided in surroundings and other circumstances as close as possible to those of normal life.
  5. The mentally retarded person has a right to a qualified guardian when this is required to protect his personal well-being and interests.
  6. The mentally retarded person has a right to protection from exploitation, abuse and degrading treatment. If prosecuted for any offence, he shall have a right to due process of law with full recognition being given to his degree of mental responsibility.
  7. Whenever mentally retarded persons are unable, because of the severity of their handicap, to exercise all their rights in a meaningful way or it should become necessary to restrict or deny some or all of these rights, the procedure used for that restriction or denial of rights must contain proper legal safeguards against every form of abuse. This procedure must be based on an evaluation of the social capability of the mentally retarded person by qualified experts and must be subject to periodic review and to the right of appeal to higher authorities.

Linked: http://www.lawphil.net/international/treaties/drmrp.html

[7] . http://www.wunrn.com/news/12_25_05/123005_disabled_women.htm, Proclaimed by General Assembly resolution 3447 (XXX) of 9 December 1975

  1. The term “disabled person” means any person unable to ensure by himself or herself, wholly or partly, the necessities of a normal individual and/or social life, as a result of deficiency, either congenital or not, in his or her physical or mental capabilities.
  2. Disabled persons shall enjoy all the rights set forth in this Declaration. These rights shall be granted to all disabled persons without any exception whatsoever and without distinction or discrimination on the basis of race, colour, sex, language, religion, political or other opinions, national or social origin, state of wealth, birth or any other situation applying either to the disabled person himself or herself or to his or her family.
  3. Disabled persons have the inherent right to respect for their human dignity. Disabled persons, whatever the origin, nature and seriousness of their handicaps and disabilities, have the same fundamental rights as their fellow-citizens of the same age, which implies first and foremost the right to enjoy a decent life, as normal and full as possible.
  4. Disabled persons have the same civil and political rights as other human beings; paragraph 7 of the Declaration on the Rights of Mentally Retarded Persons applies to any possible limitation or suppression of those rights for mentally disabled persons.
  5. Disabled persons are entitled to the measures designed to enable them to become as self-reliant as possible.
  6. Disabled persons have the right to medical, psychological and functional treatment, including prosthetic and orthetic appliances, to medical and social rehabilitation, education, vocational training and rehabilitation, aid, counselling, placement services and other services which will enable them to develop their capabilities and skills to the maximum and will hasten the processes of their social integration or reintegration.
  7. Disabled persons have the right to economic and social security and to a decent level of living. They have the right, according to their capabilities, to secure and retain employment or to engage in a useful, productive and remunerative occupation and to join trade unions.
  8. Disabled persons are entitled to have their special needs taken into consideration at all stages of economic and social planning.
  9. Disabled persons have the right to live with their families or with foster parents and to participate in all social, creative or recreational activities. No disabled person shall be subjected, as far as his or her residence is concerned, to differential treatment other than that required by his or her condition or by the improvement which he or she may derive therefrom. If the stay of a disabled person in a specialized establishment is indispensable, the environment and living conditions therein shall be as close as possible to those of the normal life of a person of his or her age.
  10. Disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature.
  11. Disabled persons shall be able to avail themselves of qualified legal aid when such aid proves indispensable for the protection of their persons and property. If judicial proceedings are instituted against them, the legal procedure applied shall take their physical and mental condition fully into account.
  12. Organizations of disabled persons may be usefully consulted in all matters regarding the rights of disabled persons.
  13. Disabled persons, their families and communities shall be fully informed, by all appropriate means, of the rights contained in this Declaration.

[8] Deborah Creamer, “Including all Bodies in the Body of God: Disability and the Theology of Sallie McFague” Journal of Religion, Disability and Health, Vol.4 9(4) 2005,p.55-56;

[9] .Of course, there is a relation between disability and religion. Religion Plays an important role in the lives of millions people worldwide. nearly eighty percent people of the world believes in religious traditions. People with disabilities have been directly and indirectly influenced by religions throughout history. All reveled and indigenous religions emphasized for better motivation with the people with disabilities. For More information, “Journal of Religion, Disability and Health”, “Disability in Jewish Law” Book Published 1998; “The Disabled God: Toward a libratory theology of Disability’ by Nancy Eiesland in 1994.

[10] . General Quinn, Human rights and Disability( New York: United Nation Publication, 2002),P.27

[11] Abdullah Yusuf Ali, Meaning of the Holy Quran (Beirut:Lebanon,1410h) verse no. 49:13

[12] Imam Muslim.Sahih Muslim Translated by Iftekar al islah (Bairut: 1998), Hadith no. 2564

[13] Jamal Ibn Mandhoor Lisan ul- Arab (Beirut : Dar Ehia Al-Turath Al-Arabi) p.31

[14] Abdullah Yusuf Ali, Meaning of the Holy Quran.p1996

[15] Opcit.p1243

[16] .Sadaqah is a collective term that typically signifies giving of material possessions. It is something to be performed by each Muslim everyday for her or his own good and reward in this life and the life hereafter.

[17] .A Sabiq Fiqh us-Sunnah  (Cairo:Dar-Al Fath,1987)p. 98

[18] .M.A.Al-Razi, Mukhtar al-sihah (Beirut: Dar Ehia Al-Tourah Al-Arabi,1999)p.356

[19] Abu Abdullah Muhammed ibn Ismail al Bukhari, Shahih al-Bokhari, Hadith No 2.557

[20] .For the contribution of the number of the Islamic countries in the last questionnaire done by WHO to control the implementation of the standard rules. The UN Rules on the Equalization of Opportunities for the person with Disability: Main report, World Health Organization, 2001, pp 92-93.

[21] .http://deakin.edu.au/tedca/ncet/issues_andevents/calendar.html (April 7 2010)

[22] .Juristic Medical Symposium entilled Al-Mushawara al-buldanyya hawl tashriat al-sihha al-nafsiyya bima fi dhalik al-sharia ai islamiyya.

[23] M.Umer Chapra, Muslim Civilization The Causes of Decline and the Need for Reform (Leicestershire:The Islamic Foundation,2008)p.x

[24] .http//leb.net/pipermail/Lexington-net/2000-august/002302.html accessed on April 7,2010

[25] .http//socsci.kun.nl/ped/whp/histedue/mmiles/mesabihi.html. accessed on April 7, 2010

[26] Ann Elizabeth Mayer, Islam and Human Rights, 4th ed.(Oxford:Westview Press,2007)p.27-28

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