Islam and Human Rights

by Sir Muhammad Zafrulla Khan

Page 155 of 232

Islam and Human Rights — Page 155

Article 16 155 This ensures that the general welfare of the minor and the claims of natural affection shall be suitably adjusted and harmonized. The minor’s need for tenderness and affection during the most sensitive and impressionable period of its life is thus met. This is a brief outline of the basic provisions of Islamic Law on the subject-matter of Article 16. These provisions aim at regulating the most important group of human re lationships along beneficent lines. They accord due regard to the worth and dignity of the human person, the com plementary character of the relationship between the sexes, and the demands of nature. They keep in view fairness and equity, which make the paths of daily life smooth, rather than aiming at some academic notions of equality divorced from actual practical needs, and ignoring the differentation wisely made by nature between the sexes, so that the Divine purpose may be fulfilled. At every step, each regulation is supplemented with the admonition, “Fear Allah and be mindful of your duty to Him”, and the reminder, “Allah sees what you do”. The system, taken as a whole, is balanced and adjusted. The parties, as human beings, have reciprocal rights and obligations, but the man, carrying heavier responsibilities in certain respects, is given in cer tain situations more of a say towards resolving them. This