Imam Al-Shafi’i’s Thought about Human Obligations and Rights in Islamic Law

Human rights are topics that are constantly debated without a unified definition. Therefore, this study aimed to analyze human rights from the perspective of the Imam school of thought by using the analysis of Imam Al-Shafi’i. It adopted a qualitative approach using the library research method based on data management obtained from several pieces of literature. Furthermore, this study used a normative approach by adapting several books by Imam Al-Shafi’i. According to Imam Al-Shafi’I, human obligations and rights in Islamic law are inseparable, and Muslims should examine the past to comprehend the origins and evolution of these concepts. In addition, human rights are a basic concept, as seen in Al-Umm and Al-Risālah . These texts are quite unconventional for people to study human rights. The work and application imposed by Imam Al-Shafi’i are not different from what is explained by several figures of thinkers from the West. The application found a match after seeing several figures’ development of human rights thought. Therefore, contemporary Muslim scholars should prioritize the issue of human obligations and rights in providing legal solutions


Introduction
Human rights are a set of rights inherent in the nature and existence of humans as creatures of God Almighty. 1 In addition, this is also a gift from God that must be respected, upheld, and protected by the state, law, government, and everyone for the sake of honor and protection of human dignity. 2 Therefore, as creatures of God Almighty, humans carry out the task and maintain the universe with full devotion and responsibility for human welfare. 3 Also, human rights are basic rights that are naturally inherent in universal human beings and lasting so that they must be protected, respected, maintained, and should not be ignored, reduced, or taken away by anyone. 4 The right to work and the right to work are human rights.
Protecting and fulfilling these rights are important in achieving a decent standard of living. 5 Income from work must be given in a good way because it has a positive effect on survival and without discrimination.
Human rights are important to protect our right to live with dignity, including the right to life, freedom, and security. 6  place to live and sufficient food. It means that we must be able to participate in society to receive education, work, practice our religion, speak our own language, and live in peace. Human rights are tools to protect people from violence and arbitrariness. Human rights develop mutual respect between humans. Human rights encourage action based on awareness and responsibility to ensure that the rights of others are not violated. For example, we have the right to live free from all forms of discrimination, but at the same time, we have a responsibility not to discriminate against others.
The basic rights inherent in us are freedom, equality, protection, and so on.
These rights are not a gift from a person, organization, or state but are a gift from God that he has brought since he was born into the world. These rights are then called human rights. Without understanding these rights, we cannot fulfill our duties and obligations as God's caliph. This may be due to the low level of education or the socio-political and cultural system in the area. From the Islamic point of view, human rights have been regulated based on or guided by the Al-Qur'an and Hadith.
Because the Al-Qur'an and Hadith are a way of life for all humans on this earth. Therefore, if we do not want our rights to be taken away by others, then we must know our rights and always fight for them as long as they do not take or exceed the limits of the rights of others.
According to the Islamic view, human rights are human rights in Islam, which are clearly stated for the benefit of humans through Islamic sharia and revealed through revelation. 7 According to the shariah, humans are free beings who have duties and responsibilities, and therefore, they also have rights and freedoms.
Basically, justice is served based on equality or egalitarianism without discrimination. It means that the task at hand will not be realized without freedom, while existential freedom does not exist without responsibility itself. The human rights system in Islam contains the basic principles of equality, freedom, and respect for fellow human beings. Islam views all humans as equal and has the same position. The level of piety only determines the only advantage enjoyed by a human being over another human. This is in accordance with the word of God in Al-Hujurat verse: 49/13: 7 Louay M Safi, "Human Rights and Islamic Legal Reform," Islamic Resources Repository, 2000. Imam Al-Syafi'I's Thought about Human Obligations Muhammad Risal, et  As perfect beings, humans can distinguish between good and bad, both for themselves and for others. On the other hand, humans are selfish. Therefore, there is an obligation as a reminder for everyone. 12 By understanding the obligation to use full awareness, a conducive environment and relationship will be created in carrying out the life of the nation and state. Thus, it is appropriate for each individual to have good character and behavior, think about the environment and others around them.

General Definition of Human Rights
Internationally protected rights (namely the United Nations Declaration of Human Rights) are the right to life, the right to freedom, the right to own, and the right to express opinions. 13 HR stands for Human Rights. Human Rights are defined as the "Power and security" owned by each individual. Human Rights are morally justified guidelines so that all human beings can enjoy being able to exercise their freedom, their property, and their services considered necessary to achieve human dignity. Human rights are basic human needs in the form of rights, and without these rights, we cannot live properly as human beings.
In terms, human rights are a set of rights inherent in humans as creatures of God Almighty. Human rights are gifts that must be respected, upheld, and protected by the state, law, government, and everyone for the sake of honor and the protection of human dignity. 14  John has judged arbitrarily in giving punishment to his people and collecting taxes.
The King, in this case as the long arm of God at that time, was given absolute authority to rule and whatever was said was a decree. Until the Barons were moved inwardly to oppose the King, they forced the King to sign an agreement that became the beginning of protecting humans for their dignity, namely Magna Charta. Finally, the Universal Declaration of Human Rights emerged in 1948, which was initiated by the United Nations (UN) to protect the world order based on humanity.
Article 1 of the Universal Declaration of Human Rights (UDHR) states that all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. The value system incarnated in the concept of human rights is not merely a western product but has a solid foundation in all cultures and religions (Nowak, 2003). Therefore, it is a mistake to think that the beginning of the growing awareness of human dignity is through the Magna Charta in England directly, which considers that human rights are western productions. In fact, religion also contains a humanistic element that anticipates modern conceptions of human rights and highlights the positive contribution of religion to the evolution of human rights (Ishay, 2004). In religious teachings, of course, human dignity is based. Human rights are not only centered on the positive elements of one religion but also varies and sorts out only the elements of the justest goodness of human dignity. Human rights are basic rights owned by every human, regardless of origin, rooted and cannot be taken in any way or condition. The understanding of the concept of human rights is never standardized and will always seem to be abstract because human rights develop culturally by looking at various aspects of values that cannot be separated from the boundaries of one religion.
In relation to law, 17 human rights are soft law, which the Black's Law Dictionary defines as a law-forming guide, policy declaration, or code of ethics that determines standards of behavior but is not legally binding. needs. This means that the fulfillment of one right often depends, in whole or in part, on the fulfillment of others. All human beings have the right to participate in and access information related to decision-making processes that affect their lives and well-being. 19 The principle of state accountability and responsibility, this principle states that the state as a stakeholder must be responsible for the observance of its norms and laws based on human rights and not allowed to conflict.

Development and Regulation of Human Rights in Indonesia
The Indonesian government is currently paying attention to human rights issues at the end of the New Order era with the establishment of the National Human

Methods
This study was qualitative using library research guided by the management of data obtained from several works of literature. The data sources included primary data from the books of Imam al-Shaf'i, such as al-Umm, al-Risālah, and so on. While secondary data was obtained from journals, websites, books, and other relevant research work. This approach used was a normative approach. The data obtained was analyzed using critical analysis to produce an adequate discussion. In Islam, the harmony of the sanctity of human rights is far greater than just ritual worship. If a person does not fulfill his obligations before Allah, then he may still be forgiven. But, this is not the case not fulfilling obligations to fellow human beings.

Human Obligations and Rights in the Islamic Point of View
The achievement of the essence of human rights in the Al-Qur'an now provides a very significant difference between the concept of human rights known in Islam, more specifically studies in the Al-Qur'an, and the concept of human rights in a Western perspective. This is due to a very basic review; namely, the Western concept attaches great importance to protecting human rights and the basic freedoms of every individual in society. The West views individual rights with an anthro-centric approach, in which the human being is the measure of everything. As a result, the human mindset is more focused on fulfilling human rights than on human obligations. On the other hand, the Al-Qur'an views human rights with a theocentric view, in which God's position is absolute for everything and humans are only tasked with serving Him.  | 60 students of Imam Syafi'i who narrated the manuscripts of Imam Shafi'i said to be finished works were 20.

In order to analyze Imam Shafi'i's thoughts regarding Human Obligations and
Human Rights, the author will discuss Imam Shafi'i's work itself. There are several of his works, but the author will start discussing his work entitled Al-Umm as our reference to arrive at his thoughts on human rights. Al-Qur'an, whether in the Makiyah or Madaniyah letters, prioritizes and recommends that justice be the people's concern. Furthermore, the Al-Qur'an admonishes and distances mankind from the nature of persecution that will destroy humans themselves. Therefore, the Al-Qur'an commands justice in general and in particular, whether against enemies who attack or vice versa against them, Muslims are ordered to remain fair to each other.
Previously, there were differences of opinion, for example, some of the opinions of the fuqaha, including Imam Shafi'i and Imam Malik. The differences of opinion are common because the understanding of the Imam mazhab is strongly influenced by their educational background and scientific capacity as well as the social culture of the community in which they are located.
Like the crime against the soul, the crime against the fetus, according to Imam Malik, sometimes happens intentionally and sometimes happens by mistake.
Meanwhile, according to Imam Syafi'i, the crime against the fetus does not occur intentionally but accidentally or wrongly.
According to Imam Syafi'i, the punishment for killing a pregnant woman resulting in the death of the fetus is to pay diyat. Imam Shafi'i's reasons have been explained in the Al-Qur'an (An-Nisaa: 92) as follows: "Never should a believer kill a believer; but (If it so happens) by mistake, (Compensation is due): If one (so) kills a believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family, unless they remit it freely. If the deceased belonged to a people at war with you, and he was a believer, the freeing of a believing slave (Is enough). If he belonged to a people with whom ye have treaty of Mutual alliance, compensation should be paid to his family, and a believing slave be freed. For those who find this beyond their means, (is prescribed) a fast for two months running: by way of repentance to Allah: for Allah hath all knowledge and all wisdom." (Q.S. an-Nisaa : 92) The verse above explains that if someone kills accidentally, the punishment is not qishas but paying diyat. In this case, the diyat of killing the fetus is by ghurrah or male or female slaves.
According to Imam Syafi'i, the value of ghurrah is equivalent to one-half of the tenth of the diyat price of a Muslim adult male, namely five camels, in the case of a crime that arises from an intentional element.
Meanwhile, if the author looks at his methodological work, Ar-Risalah, Imam Syafi'i explains the framework and basics of his mazhab and some examples of how to formulate far'iyyah laws using these basics. According to him, Al-Qur'an and Sunnah are on one level and constitute a unified source of Islamic law. Meanwhile, such as qiyas, istihsan, istishab, and others are the only a method of formulating and inferring the law from the main source.
From this explanation, it can be clearly seen that Imam Shafi'i's moderate attitude has been described in his methodological books: Ar-Risalah, Al-Umm, and others which explain the legal istimbath method used by Imam Shafi'i in determining the law.

The Implementation of Human Rights According to Imam Shafi'i
The sanctions or punishments for a jarimah are set so people do not violate it.
This is because the prohibition of carrying out an act or an order to carry it out solely does not guarantee that it will be obeyed. 25 Without punishment, orders and prohibitions will be something useless and ignored. Thus, the punishment is very necessary because it is a punishment that makes the commands and prohibitions effective.
The characteristic of the Shafi'i mazhab in concluding the law is that it always relies on the Al-Qur'an according to its zahir meaning unless there are instructions not contained in the zahir meaning. 26 The steps taken by Imam Shafi'i in interpreting the law, 27 in general, can be seen in his words, as quoted by Taha Jabir Fahyadh al-Ulwani in his book "The History and Glory of the Shafi'i Mazhab" by Sirajuddin Abas.
As for the arguments for their use, these four arguments are the words of Allah SWT in the AQur'an Surah an-Nisa verse 59. 28 The command to follow ulil amri among you means that you have followed the laws that have been agreed upon by the mujtahids. That's why the ulil amri Muslims in the matter of establishing law is Islamic law.
According to Imam Malik and Imam Shafi'i, 29  Shafi'i about free people and servants who kill other servants. It means that the punishment for the slave is subject to the death penalty, while the free person is subject to half a diyat.
Wahbah az-Zuhaili, in his book al-Fiqh al-Islamiy Wa Adillatuhu stated that according to the majority of scholars, if the murder involving several people is murder without any element of tamallu' (conspiracy, conspiracy), then they can all be qiṣaṣ if indeed the actions of each of them is an act that can be lethal and kills.
Meanwhile, if the perpetrators of isytirāk fi al-qatl (a crime involving murder) have an element of tamallu', they are all still being punished, even though the actions taken by each of them actually cannot kill and are deadly. According to the Syafi'iyah scholars and the Hanabilah scholars, this is a more valid opinion. In contrast to Imam Malik's opinion in terms of requirements, each of them did participate in the crime.

Human Rights Analysis and Development a. Human Rights Development in Islamic Law
Some of the principles of human rights in the Al-Qur'an are:

1) Equation
According to Islam, humans are born in a state of fithrah, without carrying any inherited sins, and free without bearing the burden of being a slave or the sins of others. The concept of fithrahand freedom also gives meaning to equality (equality or equalitarism) for every human being who was born because they were both born in a state of nature and independence. The differences in race, ethnicity, nationalism, or class are precise to make introductions even more not a symbol of the degradation of position.

2) Freedom
Freedom is one of the basic things in everyone's life and is the recognition of a person or group and the dignity of the human dignity of others. Freedom is increasingly needed in a pluralistic (heterogeneous) society. If freedom is shackled, then what will happen is the oppression of one group against another. Freedom makes every person or group feel uplifted in their existence and respect for their human dignity amid the plurality of the people. person under the pretext and in the name of freedom is not allowed to do it by following his own will. Because freedom of speech is to seek the truth, to advise leaders and the general public so as not to fall into disgraceful acts.

d) Freedom of religion
Humans have the right to personal freedom to have any belief or ideology.
This freedom must be respected and protected by others. The points above are very strong evidence that does not justify anyone forcing others to embrace Islam. All human beings are given the right to freedom to choose the religion they want. It means that Islam, since 14 centuries ago, has enacted religious tolerance and freedom, and the Prophet Muhammad has practiced it.

3) Peace
Allah commands in QS. Al-Hujurat: 9-10 to the believers to create peace in their internal environment. Verse 9 explains that if there are two groups of believers fighting in order to stop them from fighting, by advice, or by threats, and or by legal sanctions. However, if one group is reluctant to accept peace according to Islamic law and violates what Allah has decreed regarding events for its creatures, then that group may be fought so that it submits and obeys Allah's law and returns to Allah's commandment, namely peace. Therefore, those who act as peacemakers must act fairly and honestly, without taking sides with anyone by taking a neutral position as arbitrators and not taking economic and political advantages from them.

4) Justice
According to Al-Baidhawi, the word al-'adl in the Al-Qur'an means "middle and equality". Sayyid Quthub emphasized based on equality as the principle of humanity which everyone owns. Justice for him is inclusive, not exclusive to certain groups, even though, for example, the one who determines justice is a Muslim for non-Muslims. The command to uphold justice is stated clearly in several verses of the Qur'an, for example, Qs. al-Maidah (5) 9. These verses mean that upholding justice is an obligation for every believer based on faith in Allah, as an act of witness for Him.

b. Development of Universal Human Rights Thought
The issue of justice, which is the core of natural law, becomes the impetus for efforts to respect the protection of universal human dignity. The development of world human rights thinking begins with: harmony and peace, and security guarantees for those who will leave and will live in Medina are evidence of this freedom.
c. The right to seek happiness.
In the Medina Charter, as previously discussed, placing the name of Allah SWT at the top position, then the meaning of happiness is not only due to material sufficiency but must also be accompanied by inner peace.

Magna Charta
The right to seek happiness In the Medina Charter, as previously discussed, placing the name of Allah SWT at the top position, the meaning of happiness is not only due to material sufficiency but must also be accompanied by inner peace. 30

The French Declaration
There must be no arbitrary arrests and detentions, including arrests without a valid reason and detention without a warrant issued by a legitimate official. In this regard, the principle of presumption of innocence applies, meaning that people who are arrested, then detained, and accused have the right to be declared innocent until a court decision with permanent legal force declares them guilty.

The Four Freedoms
a. The first generation The definition of human rights only focuses on the legal and political fields.
The focus of the first generation of human rights thought on law and politics is caused by the impact and situation of World War II, totalitarianism, and the desire of newly independent countries to create a new legal order.

b. Second generation
Human rights thinking does not only demand juridical rights but also social, economic, political, and cultural rights.

c. Third Generation
Justice and the fulfillment of human rights must begin from the start of the development itself, not after the construction is completed. It seems that the old adage "justice delayed, justice denied" still applies to all of us.

d. Fourth Generation
The understanding of the fourth generation of human rights was pioneered by countries in the Asian region which in 1983 gave birth to a declaration of human rights called the "Declaration of The Basic Duties of Asian People and Government." This declaration is more advanced than the third formulation because it includes structural demands and favors the creation of just social order. Some of the problems in the declaration related to human rights concerning development are as follows: independent development, peace, people's participation, cultural rights, and social justice rights.

Conclusion
According to Imam al-Shafi'i, human obligations and rights in Islamic law aspects are inseparable units. Muslims must look back at the history of the birth and development of human obligations and rights. Imam Syafi'i mentioned that human rights are fundamental and worthy of our struggle as social beings; his thoughts on human rights can be seen in several of his works, such as Al-Umm and Ar-Risalah, a very important work outside for those of us who want to learn about Human Rights.
The work and implementation of human rights imposed by Imam al-Shafi'i are not much different from that described by several Western human rights thinkers. The author finds a match in its implementation after looking at the development of human rights thoughts from several figures. It is hoped that contemporary Muslim scholars will make the issue of human obligations and rights a priority in providing legal solutions to Muslims.