By: Tasnuva Jahan

Elderly rights in Islamic law is covered under verses of Holy Qur’an and traditions of Prophet Muhammad (peace be upon him). Undoubtedly, elderly issue is very timely in all perspectives. It is clear that the fastest growing older population silently becomes a major challenge for the world for many reasons. The elderly population is simply different from rest of the population by their age as aging comes with several challenges including biological, emotional, spiritual, and social changes. Major international human rights instruments do not contain any explicit provisions to older persons except few scattered references. The older people can be seen as a vulnerable part of the population due to insufficient social security instrument, weakening of traditional family ties, and so on. This article aims to demonstrate the elderly issues in the Islamic perspective and highlight the international human rights for older persons.

Introduction:
Elderly rights are one of the crucial rights in the society, in general. There is a debate that the rights of the elderly people are somewhat ignored. As a population, they raise a number of issues. The elderly matter is typically debated through the ‘human rights: medical, welfare, political, economic’ and so on (Richard A Posner, 1997). They are often considered to be fragile, dependent, also a burden to society. At present, 125 million people are over 80 years old in the world. By 2050, the people aged 60 or older will have risen to 2 billion (WHO, 2018). The pace of population ageing is also increasing dramatically throughout the world. Concurrently, it is challenging as there are no explicit references to elderly within the international law. Though several countries are increasingly taken into account the issue but often in a random way (Frédéric Mégret, 2010). All members of humanity are entitled to same theoretical rights but the elderly issue is particularly dependent on specific fundamental features of one’s human condition. Old age is a very distinctive characteristic of the human experience. And failure to identify particular elderly needs in terms of human rights is a problematic construction of old age (John Williams, 2003).

Islam provided a code of human rights more than fourteen centuries ago. In Islam rights of older persons have been conferred by the Creator. No one has the authority to make change or amend these rights, which are inherent to human beings. Even a Muslim government is responsible to implement these rights within the framework. However, maintaining a high quality of life for elderly member has become an essential issue. Internationally, these issues need to be addressed with special care and protection otherwise they can lead to discrimination and affect the opportunities of older people.

Elderly rights in Islam:
Islam pays particular attention to this subject matter. To explore the Islamic perspective on elderly people and rights of the senior citizens this paper discusses in light of the Quranic texts, Hadith, and the views of Muslim jurists. Islamic Law sets out a number of spiritual, ethical and legal measures and principles such as dignity, kindness, respect, support, and solidarity in regard to the elderly rights or human rights. The basic concept of Islamic human rights is based upon equality and admiration for humankind. Islam respects a human for being a human not for race, gender, color, age or any other reason.

In fact, the Holy Qur’an is full of declarations showing that belief in this or that world is one’s own concern. Quranic texts give a perfect idea of the intensity of the choice of accepting one way or another. According to Surat Al-Isra, Verse: 7, ‘If you do good, you do good for yourselves. And if you do evil, you do it to yourselves.’ Any types of good deeds and actions are beneficial not only to the person but also to society. Islamic philosophy is that everyone has obligation to understand the rights of others in every potential way. Our society will become an ideal society in regard to the rule of law and human rights if people are involved in fulfillment of their rights with this religious consciousness. Islamic approach shows worth to old age in respect to the societal contributions of the elderly in general. Also, older people are not seen as social detachment or disregard of responsibility. Intellectual contributions recognized by early Muslim jurists’ during their old age undoubtedly testify to this view. The contents of Surat Luqman indicates the knowledge and wisdom of the old people. Luqman’s advice to his son shields a wide range of behavioral aspects of a one’s life. The notion of good deeds lay out in several Hadiths in relation to old age. Islam’s encouraging view of old age as the Creator’s blessing in life for increased goodness, virtue besides reform (Al-Tirmidhi, 1998, 4: 143). The Muslim religion considers a longer life as something that brings with it prospects, not only for older persons and their families, but also for communities as a whole.

Similarly, kind-heartedness towards the elderly established from Muslim’s
spiritual and traditional systems and attributes into daily life. The Prophet (peace be upon him) said, “He is not of us who does not have mercy on young children, nor honor the elderly” (Al-Tirmidhi, 1998, 3: 386). Another tradition describes “Part of respect for Creator is to show respect to an old Muslim” (Ibn Al-Qattan, 1997, 4: 371). Muslims are also instructed to take care of the old owing to their weakness. According to the Prophet (peace be upon him), ‘Part of worshiping Allah is honoring the grey-haired Muslim’ (Abu Dawood, Hadith 4843). Thus, taking care of the elderly is reflected in Islam and notably through the analysis of accountabilities held by the Muslim community to them. Islamic perspective on old age is basically considered by religious principles and spiritual practice. The elderly has the inherent right to life and dignity protected by Qur’anic law. Surat Ar-Rum, Verse 54, states that, “it is Allah Who created you in a state of weakness; then after weakness gave you strength, then after strength made you weak and old. He creates what He pleases. He is All-Knowing, All-Powerful.” The verse clarifies that Allah may grant a long life and sound health to whomsoever He pleases.

Muslim religion permits the individual to do justice with everyone and notice all the phenomena that he/she may contain. It encourages the individual to utilize the world around him for the well-being of humanity. Second Muslim Caliph Umar bin Al-Khattab set a good example of justice and legal precedent towards the non-Muslim elderly. In this case, an aged Jewish poor person who had resorted to begging to fulfill his necessities and pay off the governmental taxes dues. Upon knowing the fact, Umar provided him with financial support and exempted him from the payment of taxes. Moreover, he issued a different public policy not to overstrain the poor or frail citizens. This policy was based on the principle of justice (Abu Yusuf, 1968). It also established a right to the elderly without any kind of distinction to age, race or religion.

Islamic traditions reflect on respect to the elderly and parents. According to Surat Al-Isra, Verses 23-24, “Your Lord has commanded that you worship none but Him, and that you be kind to your parents. If one or both of them reach old age with you, do not say to them a word of disrespect or scold them, but say a generous word to them. And act humbly to them in mercy and say, (My Lord, have mercy on them since they cared for me when I was small.)” It is evident that Islam has created a shield of safeguard for parents against any types of abuses. It has created moral and ethical significance to meet the different needs of elderly parents. Family bonding is an obligation in the Islamic faith. Paying respect to parents or the elderly falls within the category of Islamic virtues. Islam poses so much significance on it that it is linked with glorifying the Almighty Allah.
It is clear that the societal and religious life of any community encourages its members to take care of the older people. It may be in terms of respect shown to the older people or traditional approaches or through appreciation of their previous efforts as well as sacrifices. Many of the Islamic principles and values on elderly rights and care are revealed in the Holy Qur’an and Hadith. But conceptual framework is essential for substantive implications of the socio-economic rights of elderly in Islam.

International approach:
According to Article (2) of the Universal Declaration of Human Rights,1948 (UDHR) ‘Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.’ The UDHR is not a legally binding instrument but it has the basis and some moral besides political significance for subsequent human rights documents. Article (2) of both the International Covenant on Civil and Political Rights,1966 (ICCPR) and the International Covenant on Economic, Social and Cultural Rights,1966 (ICESCR) ensures non-discrimination as regards the enjoyment of all rights contained within for all people ‘without distinction as to race, sex, color, language, religion, political or other opinion, national or social origin, property, birth or other status.’ According to Article (9) of the ICESCR states, ‘everyone has the right to social security, including social insurance.’ None of the main human rights instruments clearly prohibits discrimination on the basis of old age.

However, The Vienna International Plan of Action on Aging, 1982 was adopted by the World Assembly on Ageing. It is the first and visible international instrument on ageing. It promotes regional and international cooperation. It includes outlining principles and recommendations on areas such as health, family, social welfare, income security and employment. General references are made to human rights through the applicability of the principles of the UDHR to older people. The UN Principles for Older Persons were adopted by United Nations General Assembly resolution A46/91 of 1991. These Principles are preceded by a confirmation of faith in fundamental as well as equal human rights in the context of the elderly. Articles 1-5 deal with the right of access to food, water, shelter and clothing, health care, social support and self-help through income or income opportunities to other dealings and to participate, to leave and access to any appropriate educational programs and live in safe places with the elder’s conditions. According to article (6), older persons would be able to reside at home whenever they want. Nevertheless, resolution A46/91 of 1991 is not binding. The Madrid International Plan of Action on Ageing, 2002 (MIPAA) was adopted at the Second World Assembly on Ageing, with a political declaration. It focuses on three priority themes: elderly development, health and well-being, and ensuring supportive environments. But MIPAA is not a human rights treaty. States have no legal obligation to implement its recommendations. Even there is no independent monitoring tool. (Alexandre and Alan, 2004)

In some societies, the older people may be looked at as the sources of certain wisdom and guardians of social continuity. On the other side of the coin, they may be seen as a burden to society (Debra and Jeralynn, 2006). These views can shape the elderly rights debate. Nevertheless, international human rights law has never been comprehensively applied to the elderly. As a result, there is a lack of legal certainty to protect the equal rights of older people.

Conclusion:
Islamic concept of old age and elderly right is comprehensive and deeply rooted in the divinely texts. It contains a balance between rights and duties to every human being. Everyone has to make possible ways to realize those rights and duties. Unfortunately, it has been neglected and misinterpreted by some Muslims as well as by the opponents of Islam. The lack of understanding about the concept of Islamic human rights has escalated to countless confusions in the contemporary world. Elderly right is required to bring about a well understanding of Islamic values within a modern context. Existing international human rights instrument fails to clarify the rights and issues that currently deprive the elderly of their dignity. Consequently, it is the outcome of current protection gap. The most effective way to fill out this protection gap is to create the comprehensive human rights framework on older people’s rights within the legally binding standards. It is also crucial to assessing the progress in national law, especially on how the implementation of the international human rights law could be strengthened.***