When disobedience becomes a duty
When disobedience becomes a duty
Thomas
Jefferson, a prominent figure in the establishment of the United States, said,
"If a law is unjust, a man is not only right to disobey it, he is
obligated to do so." Yes, you heard right—he is obliged to do so. When
faced with an unjust law, it becomes the duty of a person to defy it. Failure
to do so would mean neglecting their obligation. In ancient Greece, speaking
out against rulers was forbidden, but Socrates challenged this norm by posing
thought-provoking questions. Consequently, he was presented with two choices:
to cease his questioning and comply or face death. Socrates, a respected philosopher,
opted for the second option and refused to obey the unjust law of the time.
Just as it is a duty to comply with just laws, it is also a duty to disobey
unjust laws. Laws become unjust when they benefit only a specific portion of
society while harming others. They are unjust when they are selectively
enforced against the weaker while protecting the stronger. Laws also qualify as
unjust when they serve to protect rulers and oppress the subjects.
Additionally, when the principle of "might is right" becomes
prevalent, laws become unjust. Therefore, when laws become unjust, it becomes
the duty of people to disobey and resist them on any ground whatsoever.
Thomas Hobs' point of view
In his
theory of the social contract, Thomas Hobbes, a renowned political philosopher,
argued that it was justified for subjects to revolt against a sovereign who
failed to safeguard their lives and property. According to Hobbes, the primary
responsibility of the sovereign is to protect the lives and property of
citizens, and as long as this duty is fulfilled, the ruler is entitled to enjoy
their authority. Just laws, in Hobbes' perspective, are those designed to
ensure the protection of citizens' lives and property. However, when laws prove
incapable of fulfilling this purpose, they are deemed unjust, and it becomes
the duty of the subjects to engage in a revolt against the ruler or the law.
John Lock's
point of view
John Locke,
a notable proponent of representative democracy, emphasized in his theory of
the social contract that the representatives of the people bear the
responsibility of safeguarding the inherent rights of the citizens, which encompass
the rights to life, liberty, and property. According to Locke, if the governing
authority neglects its duty to protect these fundamental rights of the people,
the rulers lose both moral and legal legitimacy to govern. This indicates that
when a government fails to uphold the inalienable rights of its citizens, it
becomes necessary for the people to defy such governance.
Thomas
Jefferson's point of view
Thomas
Jefferson, one of the founding fathers of the United States of America, clearly
said, "If a law is unjust, a man is not only right to disobey it; he is
obligated to do so." He clearly stated that disobedience to the law became
a duty when the law ceased to be just. Justice can never be compromised, and
when the law fails to provide justice, it becomes the duty of the subject to
disobey it.
Prophet
Muhammad's (PBUH) point of view
Prophet
Muhammad (peace be upon him) said, "Uttering truth in the presence of an
unjust ruler is the highest form of Jihad." The saying of Prophet Muhammad
(peace be upon him) conveys a clear message: one should not fear speaking the
truth in the face of an unjust ruler. When the ruler and laws themselves become
unjust, the act of standing up against such rulers and laws through truthful
expression becomes the most elevated form of Jihad.
Hazrat Abu
Bakar's (RA) point of view
Hazrat Abu Bakkar (RA), the second
Caliph of Islam, addressed the general public with the following statement:
"Follow my commands as long as I adhere to the teachings of Allah and His
Prophet. However, if I ever disobey Allah and His messenger, then you are not
obligated to obey me." In this declaration, the ruler Abu Bakar grants the
people the right to resist and rebel against him in the event that he strays
from the path of just laws prescribed by Allah and His messenger, Prophet
Muhammad (SAW).
Hazrat Ali's
(RA) point of view
Hazrat Ali
RA, the fourth caliph of Islam, conveyed a significant statement: "Society
can endure with infidelity, but not with injustice or tyranny." Hazrat Ali
RA's message to Muslims is evident: while it may be acceptable for
non-believers to govern a Muslim society, injustice can never be justified
under any circumstances. Imam Ali's message emphasizes that one should not
engage in a revolt against a ruler or law solely due to their disbelief, but
rather one must rise against an unjust ruler and unjust laws regardless of the
circumstances.
The
arguments presented above clearly indicate that no form of injustice should
ever be accepted under any circumstances. When the governing laws fail to
safeguard the fundamental rights of the people and the ruler acts unjustly, it
becomes the duty of individuals to resist, as well as their right to revolt,
and it becomes the responsibility of every citizen to engage in disobedience.
While every action can be justified, injustice cannot. Hence, it is the
obligation of every citizen to raise their voice against injustice. The Prophet
Muhammad (PBUH) once said, "Whoever of you sees an evil, let him change it
with his hand; and if he is not able to do so, then [let him change it] with
his tongue; and if he is not able to do so, then with his heart—and that is the
weakest of faith." This command by the Prophet Muhammad (PBUH) applies not
only to Muslims but to all individuals, urging them to oppose and prevent evil.
Initially, one should try to physically intervene, and if that is not possible,
then one should speak out against it. And if even that is not feasible, then
one should oppose it internally. Conversely, when the law is fair and the ruling
is just, it becomes the primary duty of every citizen to obey the law and the
rulers. Those who disobey a just law must face the consequences, as
disobedience to a just law is equivalent to terrorism. Therefore, individuals
must comply with the law as long as it remains just, and when it turns unjust,
citizens have a duty to disobey it.
Kamran Khan Advocate
Kamranlucky210@gmail.com
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