The true Islamic religion is interested in great interest in man and preserving his dignity, and began to him from elaborate rights and evidence, which cannot be achieved in its perfection in the law other than Islam.
One of the issues that states and societies has become criminalized, and seeking to fight them, the issue of trafficking in people.
Trafficking in persons is defined as: “recruiting, transporting, hoving it, or receiving it for the purpose of abuse of exploitation, through coercion, threat, resourcefulness, or by exploiting the job or influence, or by abuse of the authority of that person or by any other means, whether direct or indirect.”
There are many images of trafficking in persons, starting from seizing the victim’s weakness and trafficking in it, including: financial extortion, forbidden instinctive extortion, forced begging, and trafficking in human organs, as well as trafficking for forced work, in addition to the issues of displacement, drug issues and promotion.
Trafficking in people is the third largest illegal criminal trade in the world after the drug and weapon trade.
And Islamic law, even if it does not explicitly stipulate the phrase “trafficking in people” or: “trafficking in human beings” with this word, but it explicitly stipulated in many generous verses and prophetic hadiths on a prohibition of many actions that make up this crime.
Where Islam came to prohibit and criminalize the forms and phenomena of trafficking in people in various ways, and whoever looks at the legitimate purposes finds it opposed to trafficking in people, even if it did not name it in his name.
To show the position of Islamic law on trafficking in people; Review the most prominent thing I dealt with in this regard through the following axes:
The first axis: Honoring God Almighty for the children of Adam.
God created man when he was created a respectable and honored preserved, God Almighty says: ((And we have honored us with the children of Adam and carried them in righteousness and the sea, and we have given them the good and the best of them. We created a preference), Surat Al -Isra: 70.
This honor came with a Qur’anic text from the expert wise, not from a human situation that emotion may be affected, and the lack of perfection, so the human being is honored; Being a human being regardless of any other matter.
And the Prophet of guidance, may God’s prayers and peace be upon him, has shown in the farewell argument a number of general rights of people by saying: ((Your blood, your money, and your symptoms, are forbidden, as the sanctity of your day, in this month, in this country, in this country)).
In this, an explicit assertion of a thick of the Prophet – may God bless him and grant him peace – of the prohibition of blood, and the prohibition of money and symptoms, as all of them are forbidden to be a thick prohibition.
This confirms that Islamic law with its texts honored man, preserved his dignity, and kept him away from any violation that he might be exposed to.
The second axis: the issue of slavery in Islam.
Islamic law took a balanced and gradual behavior in dealing with the issue of slavery:
– So the law prohibited to sell a free person or to be bought. Free, then eat it), so the heat does not enter under the hand.
The Sharia also expanded the outlets of the liberation of the necks, and the great wages arranged on them, but rather made the emancipation the first degree of atonement for some major sins, in the forefront of which is unlawfully killing the soul.
So we find that Islamic law dealt with the issue of slavery accurately to get rid of slavery with a divine devotional act.
The third axis: forbidding the forbidden instinctive exploitation.
Islamic law prohibited the instinctive, forbidden exploitation for the purpose of gain, and this is what the matter was in pre -Islamic times, and this promised from the types of prostitution that Islam forbade. World)). Surat Al -Nur: 33.
This divine prohibition on this act came as an affirmation of preserving the dignity of man and preserving his rights.
The fourth axis: the prohibition of the debtor’s exploitation by force if it stumbles.
Islamic law prohibited the exploitation of the debtor by force if it is stumbling, and the debtor is: whoever takes money and is unable to fulfill it on the specified date.
It was from the case of the people of the pre -Islamic period that if one of them said, one of them said to his city: He performed what you have, and if he does not have anything to do with his request to increase in exchange for the delay, and in that exploitation between the circumstances of the people and their need. So the Almighty forbade that, and he ordered the attachment to his condition, God Almighty said: ((And if it is difficult, then a look at a facilitator and that you believe the best for you)), Surat Al -Baqara: 280.
This indicates what Islamic law directed to not exploit the needs of people, enslave them and download them what they cannot tolerate.
The fifth axis: the prohibition of eating the rights of the wage and workers, and the necessity of good treatment.
People vary richness and poverty, and among those who have money and their development, and among those who seek to collect it to fill their want.
One of the mercy of Islamic law with people is to approve a number of rights and duties that preserve all parties of their rights, and forbade everything that is humiliating to people and exploiting their needs, whether it is “forced work”, or “forced action”, through which human will extracts and removes, while restricting unfair contracts or unfair requirements.
And since the employee is often the one who accepts the conditions, and even dictated to it, Islamic law has set controls for that, among them: the prohibition of eating the rights of the procedure and delaying the payment of their wages after completing the work of them.
On the authority of Abu Hurairah, may God be pleased with him, he said: The Messenger of God, may God’s prayers and peace be upon him, said: “God Almighty said: A trick is that I have their oppression on the day of the resurrection: His reward was not given).
And on the authority of Ibn Omar, may God be pleased with them, he said: The Messenger of God, may God’s prayers and peace be upon him, said: “Give the reward for his reward before his sweat dries).
Therefore, Islamic law organized the relationship between the employer and the worker, and made its basis satisfaction, as it is based on the contract that guarantees the rights of the two parties, gives everyone who has the right, and guarantees rights and duties.
The Sharia also forbade the attack on the action and workers in any form of the attack. On you on this glory, “so I said: O Messenger of God, it is free for the face of God -the Almighty -and he said: As for if you did not do the fire, the fire will be forgotten, or the fire would touch you.”
It is sufficient in intimidation from loading the employee above what tolerates, the saying of the Prophet, may God’s prayers and peace be upon him: ((They are your brothers, God made them under your hands What is wearing, and do not cost them what they overcome, for if you assume them, what he overcomes them, then help them)).
Therefore, religious faith and faith in the hearts are the biggest motivation to prevent injustice to the wage and exploit their needs.
After reviewing these axes, we find that Islamic law prohibited trafficking in people, and its crime in all its forms and types, because of its clear violation of rights and attacks on freedoms.
And that what was explained is a small part of the teachings of Islam and its approach to preserving the dignity of man and preserving his rights.
With these clear clear texts and many others -which is related to this aspect -is a precedent in the recognition of human rights, calling for the preservation of human dignity more than 15 centuries ago.
D. Rashid Abdul Rahman Al -Asiri – Professor of Jurisprudence at the University of Bahrain
