Dr sahib! This is a matter of great surprise. These are very shocking facts. No education is imparted about rights already given to us and whatever education is given is often incorrect and misplaced and distorted. Why so?
We tend to go to extremes and if we start giving freedom, we go to other extreme and vice versa. The Islamic concept of moderation gets affected in the process.
I will ask you one last question. A great slogan is raised today that democracy is the best revenge. I would only ask with regard to democracy as to what is its legal position in Islam?
I would prefer to delete word revenge because I am not a revengeful person. I will talk about democracy. You have asked about legal position of democracy. Let me explain this fact too that Islam is the only religion which introduced democracy as a system of life, as a system of government in the world. Islam gave the first written constitution to the mankind. I have written a book Constitution of Madina consisting of 73 Articles. I have done a constitutional analysis of Constitution of Madina. This is the Constitution which the Prophet of Islam (saw) had inaugurated and gifted it to the mankind. According to the first Article, the Holy Prophet (saw) founded the constitutional state on democracy. It was a written, balanced and moderate written constitution. He founded a nation-state. Whatever rights he gave to Muslims were also given to the non-Muslims. He heralded an era of rule of law and gave constitutional protection to the local customs and tribal traditions of the Jews. Their traditions, values and culture were protected through constitutional guarantee. He gave the idea of economic support and founded it on the Brotherhood of Madina. He gave them fundamental rights and complete religious freedom and said the Jews would enjoy same amount of independence as Muslims in regard to their religion. Madina was declared as hub of peace. All fundamental rights like right to basic necessities, occupation, property, life and honour were granted. No person would be punished without reference to the Court of law and due process of law. He gave rights to the prisoners of war. It was the norm at the time that POWs were killed. No international law regarding prisoners existed.
I am saying this as an authority on law. I have taught law at the Punjab University all my life. I have taught International law. Islamic law is my subject but I have critically studied the American, British and Pakistani Constitutions. I am telling you with complete responsibility that POWs were killed everywhere in the world. It was a general practice. The Holy Prophet (saw) banned this practice and fixed four laws to govern conduct towards to POWs. He introduced the spirit of democracy. Abu Zarr and Abu Hurara report that the Prophet of Islam said, The opinion of two is better than that of one, that of four is better than that of three and of five is better that that of four. He further said, Where there is majority, there is Allahs Hand of Protection. This is the basis of democracy with consultation being its core. This is the system Islam has introduced.