Exploring the Overlap Between the European Convention on Human Rights and Islamic Principles
By Dr. Wajid Usman
When people think about human rights, they take international laws as standard. At the same time many people assume that religion such as Islam does not belong to the modern world where modern laws are created. This article will give people a glimpse of how a modern document of 20th century resembles the values Islam introduced over 1400 years ago.
ECHR Articles and Their Parallels in Islam
Let’s explore the major ECHR articles — in order — and see how they resonate with key Islamic teachings.
Protocol 1, Article 1 – Protection of Property
Every person is entitled to peaceful enjoyment of their possessions.
🕌 Islamic Parallel:
Islam defends private ownership and forbids theft, fraud, and unjust seizure.
📖 Qur’an 2:188 – “Do not consume one another’s wealth unjustly…”
Property rights are protected, with ethical obligations like zakat to ensure social balance.
Protocol 1, Article 2 – Right to Education
No one shall be denied access to education.
🕌 Islamic Parallel:
Seeking knowledge is an obligation in Islam.
📘 Sunan Ibn Majah 224 – “Seeking knowledge is an obligation upon every Muslim.”
Article 2 – Right to Life
The ECHR upholds the right to life as inviolable.
🕌 Islamic Parallel:
Islam places supreme value on life and forbids unlawful killing.
📖 Qur’an 5:32 – “……Whoever kills a soul unless for a soul or for corruption [done] in the land – it is as if he had slain mankind entirely. And whoever saves one – it is as if he had saved mankind entirely..”
Whether in war or peace, the sanctity of life is a non-negotiable principle in Islamic ethics.
Article 3 – Prohibition of Torture
No one shall be subjected to torture or to inhuman or degrading treatment.
🕌 Islamic Parallel:
Islam strictly forbids cruelty and unjust punishment.
📘 Sahih Muslim 2613a – “…..Allah will punish those who inflict torture upon people in the world.”
Even during warfare, Prophet Muhammad ﷺ forbade harming prisoners, civilians, or even damaging crops — a concept centuries ahead of modern humanitarian law.
Article 5 – Right to Liberty and Security
The ECHR ensures protection against arbitrary arrest or detention.
🕌 Islamic Parallel:
Islam recognizes personal freedom and requires due cause for detention.
📜 Caliph Umar (RA) famously said in a story of Egyptian man : “….Since when did you enslave the people though they were born from their mothers in freedom?”
Source: The Justice of ‘Umar (radhiAllahu ‘anhu) – LiveDeen
Islamic courts historically operated with checks and balances to prevent abuse of authority.
Article 6 – Right to a Fair Trial
Everyone is entitled to a fair and public hearing within a reasonable time.
🕌 Islamic Parallel:
Justice lies at the heart of Islamic law.
📖 Qur’an 4:135 – “O you who have believed, be persistently standing firm in justice, witnesses for Allah , even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So follow not [personal] inclination, lest you not be just.”
Muslim judges were expected to be impartial, respect evidence, and avoid bias, long before codified modern legal systems.
Article 8 – Right to Privacy and Family Life
The ECHR protects individuals’ private life, home, and correspondence.
🕌 Islamic Parallel:
Privacy and family honor are sacred in Islam.
📖 Qur’an 49:12 – “Do not spy nor backbite one another…”
Entering someone’s home without permission or exposing private faults is condemned.
Article 9 – Freedom of Religion
Everyone has the right to practice, change, or reject religion.
🕌 Islamic Parallel:
While Islam invites people to believe, it prohibits coercion.
📖 Qur’an 2:256 – “There is no compulsion in religion…”
Historically, Islamic empires granted protected status (dhimmi) to religious minorities to practice their faith.
Article 10 – Freedom of Expression
Everyone has the right to hold opinions and express them freely.
🕌 Islamic Parallel:
Islam encourages truth-telling, especially against tyranny.
📘 Sunan al-Nasa’i 4209 / Abu Dawood 4344 – “The best jihad is a word of justice in front of a tyrant ruler.”
Islam balances freedom with responsibility, discouraging slander, mockery, or inciting hatred.
Article 11 – Freedom of Assembly and Association
This article protects peaceful gatherings and forming groups.
🕌 Islamic Parallel:
The early Muslim community regularly gathered for consultation, worship, and welfare.
📖 Qur’an 3:159 – “And consult them in affairs…”
Peaceful assembly is welcomed when it promotes community wellbeing and avoids harm.
Article 12 – Right to Marry
Men and women have the right to marry and start a family.
🕌 Islamic Parallel:
Marriage is highly encouraged and seen as a means of emotional and societal stability.
📖 Qur’an 30:21 – “He created for you mates that you may find tranquility in them…”
Consent, respect, and mutual rights are foundational principles in Islamic marriage.
Article 14 – Prohibition of Discrimination
Rights must be secured without discrimination based on race, sex, language, etc.
🕌 Islamic Parallel:
Islam champions equality, regardless of ethnicity or class.
📘 Musnad Ahmad 23489 – “An Arab has no superiority over a non-Arab… except by piety.”
Prophet Muhammad ﷺ’s final sermon was a declaration of racial equality centuries ahead of its time.