Note: The “right to human equality” is one of those concepts that are both simple and impossible—simple because its image and definition appear straightforward at first glance, impossible because disagreement and dispute abound in many of its concrete instances. Although counted among the primary rights of man, it is frequently contravened in Islamic sharīʿa. Many researchers in fiqh consider the reason to be its incompatibility with justice, which—unlike human equality—must be the principal criterion for apportioning rights and duties. Dr. Alī-Reżā Ṣāleḥī, senior researcher at the Encyclopaedia of Contemporary Fiqh, examines the nature and dimensions of this right in the following exclusive essay.
The right to human equality, which today is regarded as one of the pillars and primary principles of fundamental human rights and the bedrock of democracy, has become firmly established in human consciousness only after a relatively long historical process. Yet, given that it gained practical efficacy only in the modern era, it must be considered a novel concept directly linked to modern culture. It is described as an inalienable and universal right intimately bound up with the individual and social destiny of human beings.
In the contemporary world, the idea of human equality has become a major force for fundamental change in public law and the constitutions of many countries. Beyond domestic law, it has exerted considerable influence on the drafting of universal declarations such as the Universal Declaration of Human Rights and the Cairo Declaration on Human Rights in Islam.
The basis of the right to human equality is held to be the inherent dignity of the human being: every human possesses worth, dignity, and intrinsic honour simply by virtue of being human, and a truly human life requires the enjoyment of benefits that safeguard that dignity. Differences of race, sex, colour, religion, geography, language, and the like cannot deprive a person of rights equal to those of others or give rise to discrimination in their enjoyment. This principle further insists that no individual or group may be deemed superior or inferior by reason of innate characteristics.
Islamic religious scholarship likewise, citing Qur’anic verses, hadiths, and the conduct of the Infallibles, strongly affirms the right to human equality and regards it as the foundation of the Islamic social order, assigning it a special place among religious teachings. Among the proofs commonly adduced are: the creation of all humans from a single soul, the divine disposition (fiṭra) common to all, the dignity bestowed upon the children of Adam, the mutual completion of man and woman, the worth of individuals according to their deeds, and each person’s responsibility for his or her own actions.
In the contemporary era the right to human equality has found wide application in political, social, cultural, economic, and moral spheres, and its realisation in all these domains is regarded as the foremost priority of the rule of law. Nevertheless, no comprehensive consensus yet exists among thinkers concerning the essence of human equality and its dimensions. From the aggregate of studies attempting to define equality, however, it may be inferred that equality refers to the sameness of human beings in their existential aspect, irrespective of individual characteristics, and consequently to the necessity of identical treatment.
Definitions of equality offered in its various philosophical, legal, and socio-political dimensions all stress one fundamental point: equality does not mean that all human beings are identical; rather, it means that no human being is superior to another by virtue of essence, that there must be no discrimination in the enjoyment of fundamental rights, that the law must protect all persons equally, that opportunities, resources, and social positions must be distributed justly, and that the ground must be prepared for the realisation of freedom and social justice.
The right to equality, or legal equality, is conceived in two forms:
- Equality before the law—meaning that all human beings are equal before the law and the law is applied to their rights and duties without privilege or discrimination.
- Equality in law—meaning that all human beings, regardless of personal, national, historical, racial, or other characteristics, possess identical rights and duties.
Equality before the law is accepted unconditionally, for it accords with the principles of justice and conflicts with no reality. Equality in law, however, is not accepted unconditionally, because identical rights and duties presuppose identical circumstances. Since human beings are generally in unequal circumstances or possess differing capacities, demanding identical rights and duties would lead to injustice. This principle is accepted in many legal systems, including the Universal Declaration of Human Rights, which denies absolute legal equality and makes it conditional upon equal circumstances.
In accordance with the same principle, Islamic legal teachings accept the equality of persons before the law irrespective of human differences, yet in the sphere of legal equality certain inequalities appear owing to differences in creation (e.g., the disparity between men and women in inheritance).
Researchers maintain that the acceptance of this degree of legal inequality in legal systems, including the Islamic one, is intended to realise justice, for equality in all circumstances would entail the violation of justice—for instance, granting identical rights to two persons in unequal situations. In other words, justice requires that when circumstances are equal, rights be equal; otherwise, each receives according to his or her deserts.
The political dimension of the right to human equality means that all citizens, regardless of social, economic, ethnic, or religious status, enjoy equal opportunities and rights in participating in political processes, public decision-making, and access to political power. This right, regarded as a foundational principle of democracy, entails equal participatory rights, equal weight of votes, equal opportunity to compete for public office, and various freedoms such as expression, assembly, and forming parties or associations.
In its social and economic dimension, the right to human equality stresses equal opportunities in social and economic life. Its aim is to prevent the concentration of power and wealth in the hands of a limited group and to create fair conditions for social mobility. Equality here includes equal opportunity in education, healthcare, employment, income, promotion, etc.
The right to human equality is also held to apply in other dimensions, such as cultural equality, according to which diverse identities and cultures in society are recognised and languages, traditions, and beliefs must be respected.
Religious scholars, examining the various dimensions of the right to human equality from the perspective of Islamic teachings and citing verses, hadiths, and conduct, hold that most indices of equality are accepted in Islam, but in certain cases distinctions are made in order to approximate the principle of justice. For example, in legal and civil equality at the level of the right to life, security, property, and freedom, all human beings are deemed equal; only in religious responsibilities or duties are certain qualifications required for the office-holder. Or in holding political office, conditions such as knowledge, justice, and piety are stipulated. In the economic sphere, while Islam recognises private ownership, instead of absolute equality it recognises the principle of distributive justice, legislating mechanisms such as khums, zakāt, ṣadaqa, and the prohibition of usury in order to meet the basic needs of the weaker strata of society.
On the basis of what has been said, the right to human equality, as one of the pillars of fundamental human rights, flows from the inherent dignity of the human being and has served as the foundation for many legal, political, and social transformations in the modern age. Although this right does not mean the absolute identity of all human beings, it insists that no individual is superior to another by virtue of essence and that discrimination in the enjoyment of basic rights is prohibited. The diverse dimensions of equality—legal, political, social, economic, and cultural—all aim at eliminating discrimination and creating equal opportunities. In Islamic teachings as well, the principle of equality is accepted, yet for the realisation of justice certain distinctions are made in some of its dimensions. Thus, alongside the recognition of fundamental equality, special conditions are stipulated for political offices or differences are introduced in economic and legal rulings. It can therefore be said that human equality—whether in modern thought or in religious teachings—serves as a foundation for justice, freedom, and democracy.