AVIATION SECURITY PROVISIONS VS. BASIC FUNDAMENTAL HUMAN RIGHTS AN ISLAMIC LAW PERSPECTIVE

摘要

The on-going conflict between aviation security community and human rights activists has no basis from an Islamic point of view. The so-called conflict has been settled under Islamic law with regards to the provision of Al-Qur'an 6 verse 38. While it is conceded that human rights must be respected and protected on one hand, security of civil aviation must equally be protected in order to secure and protect fundamental objectives of human existence called Maqas/d Shari'ah. This therefore suggests that whenever there is a general principle of law, there must always be exceptions. In this circumstance, giving respect to fundamental human rights to privacy and a right to freedom from discrimination is obligatory. However, this obligation can temporarily be suspended in an emergency situation wherein there is no choice but to act in another way. This falls under the principle of Al-Azimah Ar-Rukhsah. It is this principle that renders aviation security procedures as one of the instances where these rights may be derogated, particularly considering the persistent levels of threat facing aviation security. In addition, it is the duty of government to secure its nation against security threats of any kind and from any enemy. This therefore calls for the application of the doctrine of Masalaha to accommodate aviation security provisions as a necessity to temporarily derogate the fundamental human rights of passengers. The application of this doctrine will benefit the community by way of absolute security of civil aviation within their domain. However, it needs be stressed that suspension of fundamental human rights to privacy, health and freedom from discrimination can, and should only, be allowed when there is perceived threat to civil aviation, but not to score a political or ideological point. It is finally concluded that Islam has provided essential necessities of life that ensure and protect personal rights without damage to Maqas/d Shari'ah, which must be protected in accordance with the principles of Islamic law.