Islam has, for the 1,400 years of its existence, set out a strong and solid foundation of governing a multi-racial, multi-religious society based on principles of human rights found in the Quran.

Terengganu state exco member Mustafa Ali said Islam ensures the safety of life, chastity of women and their right to be protected, rights to basic needs, freedom and justice, equality of human beings, and their right to cooperate or not with one another.

He said the premise for basic human rights in the Islamic system of governance forms an important foundation in establishing a just society, where everybody is treated equally.

Mustafa, who is also a PAS vice-president, said the rights are extended to both Muslims and people of other faiths.

God-given rights

Islam also guarantees other rights, Mustafa said in a keynote address 'Towards an egalitarian multiracial society in the context of Islam' at a one-day seminar held in Terengganu recently.

The seminar, organised by ERA Consumer Malaysia for about 70 participants, was on 'Understanding human rights in Islam: motivation, ideology and relevance in a contemporary society'.

Mustafa said the additional rights cover protection of life, property, honour and dignity, the right to protest against an unjust ruler, freedom of religion, protection from cruel and unjust laws, right to free expression and association, the freedom of conscience and conviction, and the right to participate in the affairs of state.

"Understanding these very basic concepts of human rights as taught by Islam provides us with a link towards understanding the concept of human rights in an Islamic state," he said

"All the above points to one direction, that Islam confers and protects the rights of an individual as it understands that the pillar of any institution would be the people themselves. In this respect, certain privileges are accorded to the most fundamental political unit as to provide support and strength to the whole political structure."

As an illustration, he said, the life and property of all citizens in an Islamic state are considered sacred "whether the person is a Muslim or not".

Equal status

Mustafa said Islam does not recognise individuals or nations as being favoured because of their wealth, power or race.

"God created human beings as equals who are to be distinguished from each other only on the basis of their faith and piety."

In Islam, he said, human rights are inherent to all human beings because these are granted by God and not by "any mortal beings or worldly institutions". In the latter case, rights could be withdrawn in the same manner in which they are conferred.

"Any discussion on the viability of an Islamic government ruling a multi-racial and multi-ethnic state must fully understand the roots and background of human rights in Islam, that these rights were there from the beginning and no one can take them away from any individual," he explained.

Mutual consultation

Addressing concerns on participation of all citizens in the daily affairs of an Islamic state, Mustafa said this is done through syura or mutual consultation.

He said syura and democracy share the idea of egalitarian politics and popular political participation, but "differ significantly in relating participatory government to the overall purposes of social organisation and political action".

"Syura is the approach that can best be taken to tackle issues normally stemming from a multi-interest society," he said.

While the Quran does not define the conceptual or procedural aspects of syura, he said political involvement was meant to be part and parcel of Islamic practices.

However, a participant disagreed with the example Mustafa cited in explaining the concept of consultation he said this had been practised in drafting Terengganu's Criminal Offences (Hudud and Qisas) Enactment, which was passed in July.

Nora Murat, legal adviser to Muslim women's advocacy group Sisters in Islam, pointed out that women's groups were only consulted at the end stages of drafting the bill, which had resulted in the inclusion of provisions discriminatory to women.

"Where was the syura since women's voices were not included during drafting of the bill?" she asked.

She also questioned provisions that target women for exposure of any part of the body that could arouse the passion of a man; that could see female minors being charged for leaving home without parental consent; and which could see Muslims charged for failing to pray five times a day.

Replying that syura was based on the will of the majority, Mustafa insisted that he does not see incidents of gender-based discrimination in Terengganu.