scholarly journals Overview of the concept of human rights in the Muslim world

2021 ◽  
pp. 36-51
Author(s):  
Dmytro Sharovych ◽  
Ivanna Maryniv
Keyword(s):  
Human Rights ◽  
Muslim World ◽  
Main Body ◽  
Special Role ◽  
Legal Systems ◽  
Permanent Commission ◽  
Intergovernmental Organization ◽  
Islamic World ◽  
Muslim Countries ◽  
The World

Problem setting. Islam is the youngest Abrahamic religion in the world. Its beginning was laid in the first half of the VII century AD on the territory of the Arabian Peninsula. The Islamic world is a unique regional phenomenon that causes many people to have different and in some cases even opposing views. The issue of human rights in the Islamic world is also much debated. Every day we receive information about the systematic violation of the honor and dignity of a certain category of the population (women, children) in the region. Analysis of recent researches and publications. The article uses the works of well-known experts in the field of Sharia and legal systems of Muslim countries such as: Syukiyaynen L. R., Abdullah ibn Abd al-Mukhsin at-Turki, Zhdanov N. V., Abashidze A. Kh., Abdul Aziiz Olaemi and others. Special attention is paid to the concepts of the Organization of Islamic Cooperation. Target of research. The objective of this work is a general overview of the concept of human rights in the Islamic world. Article`s main body. Analyzed the issues of human rights in different countries where Sharia has a significant impact on their systems of law, namely: Pakistan, Saudi Arabia and Iran. The article notes that despite the significant impact of Sharia law on the legal systems of the above countries, certain human rights standards differ between them. Also, the article reveals the first practice of codifying human rights in muslim insight - the General Islamic Declaration of Human Rights, adopted by the non-governmental organization Islamic Council in Europe. The Organization of Islamic Cooperation (until 2012 - the Organization of the Islamic Conference) (hereinafter - OIC) - is an international intergovernmental organization whose members are representatives of the Muslim world. Thus, the explored activity of the international intergovernmental organization in the field of human rights, namely the Organization of Islamic Cooperation, which unites all Muslim countries of the world and in its activities is guided by the principles of Sharia. The study of the activities of this organization in the field of human rights contains an analysis of sectoral acts (for example, the Dhaka and Cairo Declarations), a study of the activities of bodies of special (Independent Permanent Commission on Human Rights) and general (Islamic Summit) competencies and other issues that relate to the mechanism of promoting and protecting human rights. Conclusions and prospects for the development. The authors came to the conclusion that the concept of human rights in the Islamic world is quite heterogeneous, even in comparison between countries where Sharia is dominant. The authors note the special role of the Organization of Islamic Cooperation as a leading basis in the Islamic doctrine of human rights, as this organization unites all Muslim countries into one monolithic bloc, which leads to the formation of a single Muslim autonomous will, which includes all national doctrines and approaches.

scholarly journals PETA PEMIKIRAN HUKUM ISLAM DI INDONESIA

ALQALAM ◽  
2009 ◽  
Vol 26 (1) ◽  
pp. 1
Author(s):  
Ahwan Fanani
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Muslim World ◽  
Islamic World ◽  
The World ◽  
Two Factors ◽  
Long Time ◽  
Muslim Intellectuals ◽  
International Issues ◽  
Intellectual Networks

The development of the thought of Islamic law in Indonesia during both pre and post-independence has been experiencing the dynamics, that is proper to have attention from academicians. The development of the thought of Islamic law could not be separated from two factors. Firstly, the development of the thought of Islamic law in the Islamic world is the result of the emergence of international issues such. as human rights, the equality of gender, pluralism, and democracy. Secondly, the contact between Indonesian Muslim intellectuals and other Muslim ones all over the· world. Such intellectual networks have been proven since long time ago to become a connecting point between the development of Islam in the Archipelago and that of other muslim world.

The Shari’a Approach to Contemporary Problems of Mass Surveillance

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Sattam Eid Almutairi
Keyword(s):  
North America ◽  
Personal Data ◽  
Legal Systems ◽  
Legal Norms ◽  
Muslim Countries ◽  
Norms And Values ◽  
The World ◽  
State Surveillance ◽  
Mass Surveillance ◽  
Do So

AbstractThe phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass surveillance and other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so.

scholarly journals The Challenges of Muslim Countries in Business World

2017 ◽  
Vol 2 (2) ◽  
pp. 189
Author(s):  
Rafidah Binti Haji Amidon Amal Norhaizah
Keyword(s):  
Ethics Education ◽  
Muslim World ◽  
The Political ◽  
Business World ◽  
Future Studies ◽  
Advantages And Disadvantages ◽  
Muslim Countries ◽  
Law And Ethics ◽  
The World ◽  
Sense Of Shame

Throughout the centuries, the Muslim countries has evolved and branched out to the world of arts, literature, philosophy, technology, economy, law and ethics, education, even politics inclusive of its conflict. Most of what occurred throughout the centuries was documented and used as reference in future studies such as studied done in medical by Ibnu Sina. Many part of the world have form negative perspectives of the Muslim countries especially by correlating negative incidents occurred in some part of the world as practice of all Muslim in the Muslim countries. Living in the Muslim countries has its advantages and disadvantages in which it will be discussed further in this essay. from the discussion below, it can be conclude that any world no matter the religion, the belief, the political standing is bombarded with dilemmas of identifying the advantages and disadvantages of their world to face the challenges of globalization. Distinguishing the advantages or the disadvantages without implicating neither sense of pride or sense of shame has been the practice that is being encouraged by all. The most important impression that the Muslim world can make is through the beauty of tolerance, understanding and the concept of sharing without judging others.

scholarly journals TINJAUAN KRITIS ATAS TARIKH AL-UMAM WA AL-MULUK KARYA IBN JARIR AL-TABARI

ALQALAM ◽  
2019 ◽  
Vol 31 (2) ◽  
pp. 283
Author(s):  
Adnan Adnan
Keyword(s):  
The Other ◽  
Muslim World ◽  
Central Theme ◽  
Islamic History ◽  
Islamic World ◽  
Universal History ◽  
The World ◽  
History Of ◽  
Muslim Intellectuals ◽  
The Impact

Tarikh al-Umam wa al-Muluk (history of nations and kings) by Abu Ja'far Muhammad ibn Jarir al-Tabiiri, is by common consent the most important universal history produced in the world of Islam. This monumental work explores the history of the ancient nations, the prophets, the rise of Islam and the history of  the Islamic World down to the year 302 A.H./915 AD. His work, chronicled the History of Islam year by year; an attempt to categorize history from creation till the year 302 A.H/915 A.D. By the time he had finished his work, he had gathered all the historical traditions of the Arabs in his voluminous work. The Muslim world was not slow in showing its appreciation, and this work became famous as Islamic Traditional Historiography. However, much to criticize by western scholars (orientalist or lslamicist) sphere in writting   style  of Thabari  work not systematically and interp retatively. In fact, no discovered logical argumen and rational parallel with historical ideas manifesting. The impact of uncommon muslim scholars to become a reference for Islamic historical Studies. A central theme of this paper will be invate of Muslim intellectuals/scholars to be Tarikh Thabari as prominent reference in the Islamic historical studies. Moreover, I will argue that Tarikh al-Umam wa al-muluk by al-Tabari is the most important reference on Islamic history than the other references.

Understanding the Problems and Prospects of the Muslim Unity: An Analysis of Mawdūdī’s Views

2012 ◽  
Vol 8 ◽  
pp. 421-433
Author(s):  
Muhammad Amanullah ◽  
Tazul Islam
Keyword(s):  
Geographical Location ◽  
Muslim World ◽  
Effective Theory ◽  
Islamic Culture ◽  
Islamic World ◽  
Common Culture ◽  
Muslim Countries ◽  
Moral System ◽  
The Common ◽  
Practical Dimension

MawdËdÊ's thesis of Muslim unity touches core of the issue as he emphasizes on finding the basics of understanding the Muslim unity. Any attempt to set the theory of Muslim unity may not get the practical dimension until the standards of its understanding are laid out. In other words, it can be said that setting the basics of understanding the unity is a prerequisite for shaping effective theory of Muslim unity. After a thorough exploration, MawdËdÊ's works on Muslim unity appear to be written very systematic and methodological manner. He critically scrutinizes the basics of understanding the unity. As he claims, one must find out the common grounds that especially bind Muslim countries together and all Muslims in general; and the issue of Muslim unity may remain vague until the Islamic culture is completely conceived of. He says that ";;;the unity of Islamic world cannot be conceived of without Islamic culture";;;. MawdËdÊ recommends that the common things which unite all Muslims together are the common beliefs and thought, common culture, common moral system, civilizational relationship, vitality of the concept of one Ummah, universal brotherhood and geographical location of the Muslim world.  This paper is devoted to critically analyze MawdËdÊ’s ideas on Muslim unity.

Global Intersectionality and Contemporary Human Rights

2021 ◽  
Author(s):  
Johanna Bond
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Analytical Framework ◽  
The United States ◽  
Human Rights Violations ◽  
Intergovernmental Organization ◽  
Race And Gender ◽  
Intersectionality Theory ◽  
The World ◽  
The United Nations

The book enriches our understanding of international human rights by using intersectionality theory, the concept that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination, to examine contemporary human rights issues. Perpetrators of sexual violence in armed conflict, for example, often target victims based on both gender and ethnicity. Human rights remedies that fail to capture the intersectional nature of human rights violations do not offer comprehensive redress to victims. The book explores the influence of intersectionality theory on human rights in the modern era and traces the evolution of intersectionality as a theoretical framework in the United States and around the world. The book draws upon critical race feminism and human rights jurisprudence to argue that scholars and activists have under-utilized intersectionality theory in the global discourse of human rights. As the central intergovernmental organization charged with the protection of human rights, the United Nations has been slow to embrace the insights gained from intersectionality theory. Global Intersectionality argues that the United Nations and other human rights organizations must more actively embrace intersectionality as an analytical framework in order to fully address the complexity of human rights violations around the world.

scholarly journals DINAMIKA HUKUM DAN HAK ASASI MANUSIA DI NEGARA-NEGARA MUSLIM

Al-Ahkam ◽  
2013 ◽  
Vol 23 (2) ◽  
pp. 201
Author(s):  
Muhammad Hafiz
Keyword(s):  
Human Rights ◽  
Open Space ◽  
Islamic Law ◽  
Permanent Commission ◽  
The Core ◽  
Muslim Countries ◽  
Constructive Dialogue ◽  
Protection Of Human Rights ◽  
Rights Discourse ◽  
Human Rights Discourse

Muslim countries often stuck in a dilemmatic situation between be exclusively with retaining the Islamic principles of human rights through Islamic law or follow the principles of human rights which is regulated internationally through Universal Declaration of Human Rights (UDHR). The existence of Independent Permanent Commission of Human Rights (IPHRC) as one of the core institutions of organization of the Islamic Cooperation (OIC) intended to be a mediator for the occurrence of constructive dialogue between human rights discourse on one side with Islamic law on the other side. This is the way to reduce dichotomous view that impact on gaps and conflict. The equivalent dialogue continuously between two entities, Islamic law and human rights must always be attempts to open opportunities in more widely shared understanding and in turn will facilitate the achievement of progress and the protection of human rights in Muslim countries. This dialogue also important to remove the negative stigma against Islamic law that is often accused of violating human rights. and also to open space of interpretation to Islamic law that relevance with contemporary life.

scholarly journals Perspectives for a Social Integration of Human Rights in the Muslim World

2014 ◽  
Vol 25 ◽  
pp. 27-36
Author(s):  
Efrem Garlando
Keyword(s):  
Human Rights ◽  
Social Integration ◽  
John Rawls ◽  
Public Reason ◽  
Muslim World ◽  
Cultural Imperialism ◽  
Cultural Perspective ◽  
Traditional Concept ◽  
Islamic World ◽  
Neutral Language

Human Rights are defined as sort of humankind “Esperanto”, a neutral language able to promote the difficult task of dialogue across communities. When speaking about “Islam”, it is easy or generates a misunderstanding, because the word Islam does not refers to a monolithic entity: Ummah, the global community of all Muslim believers, is indeed plural and fragmentary from both a geographical and a cultural perspective. In the course of my essay, I will start from the work of John Rawls and Abdullahi Ahmed An- Naim, then focus on a new concept of Human Rights, stressing practical tools rather than hermeneutical ones. As a matter of fact this project should start within the Islamic world in order to be more easily accepted. Furthermore, it is necessary to firstly undertake this task there, so that it cannot be claimed to be the result of western cultural imperialism. The Islamic countries ought to rethink the idea of “public reason”, which must not be confused with the “reason of the sovereign” and should instead outcomes from the dialogue between people. This is possible thanks to a progressive rooting out of the traditional concept of Shari’a and a renovated concept of ijtihad, the concept of personal reasoning, so that the Islamic world can achieve a stronger critical sense towards itself and its religious dogmatism.

scholarly journals Dilema Penggunaan “Syariah” Dalam Deklarasi-Deklarasi HAM Islam

2019 ◽  
Vol 2 (1) ◽  
pp. 107
Author(s):  
Nurul Amin Hudin
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Religious Groups ◽  
Islamic World ◽  
The World ◽  
The Many

Among the many religions in the world, Islam is the only religion that explicitly declares the notion of human rights known as al-Bayàn al-`Alam ‘an Huqùq al-Insàn fi al-Islàm (Universal Declaration of Human Rights in Islam). Therefore, it is clear that Islam truly respects human rights. However, the use of the term "Islam" in the declaration implies that the declaration was based on sharia. Even though the principles of sharia in question tend to discriminate against other religious groups, slaves, and women. This article will explain some of the ambiguities in the Universal Declaration of Human Rights in Islam and suggest more adequate ideas in the enforcement of human rights campaigns in the Islamic world.

Human rights in information society in the context of globalization

2021 ◽  
pp. 91-103
Author(s):  
Marina Haustova
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Modern Society ◽  
Legal Regulation ◽  
Modern World ◽  
Main Body ◽  
The World ◽  
New Challenges ◽  
Legal Globalization ◽  
The Impact

Problem setting. The problem of human rights in the context of globalization is complex and requires concerted and effective actions, which should be applied not only at the level of nation states, but also at the global level. Globalization has opened new challenges, related to the implementation, development and transformation of human rights, accelerated their universalization, and set new challenges for the world community. The purpose of the article is to analyze the essence of globalization and the impact of globalization processes in the world on the definition of the essence and approaches to human and civil rights and freedoms, analysis of the legal basis for their consolidation and guarantee. Analysis of resent researches and publications. Today, the interest of scientists to globalization in general and legal globalization has increased significantly. The problem of human rights has a worldwide character, it has been studied by such leading foreign specialists as Z. Baumman, in. Beck, K. Omaye, S. Strahej, E. Toffler, M. Foucault, Y. Habermas, J. Rola, F. Fukuyama, etc. Certain aspects of legal globalization were studied by domestic scientists – O. Petrishin, P. Rabinovich, O. Dashkovskaya, L. Wasechko, I. Zharovskaya, N. Onishchenko, O.Uvarova and others. However, consideration of the problem of human rights transformation requires a solidise analysis and a comprehensive approach. Articles main body. The issues of interaction between globalization and law at the present stage of society development are considered. Particular attention is paid to the analysis of the factors of interaction between globalization changes and human rights in modern society. The following signs of transformation of the institution of rights and freedoms are singled out: change of the content of human rights under the pressure of global problems of the present; emergence and legal development of new human rights and freedoms; universalization and regionalization of human rights; complicating the system of international legal regulation of human rights. It is determined that in the context of globalization processes human rights standards in the sphere of digital technologies and further development of human rights to prohibit discrimination in all spheres of relations, in particular on the grounds of sexual orientation and gender identity, also deserve special attention. Conclusions. Analyzing the different approaches to the legal opportunities of people in the era of globalization, it can be stated that given the diversity of relations of which everyone in the world is a member, international organizations and each country should not dwell on developing and improving the legal framework to guarantee and protect human interests and rights. . But they are obliged to continue the legal policy on the recognition and consolidation of human rights and freedoms that appear in the changing conditions of today in the modern world under the further influence of scientific and technological progress, as well as geopolitical challenges.

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