Islam, Islamic Law, and the Dilemma of Cultural Legitimacy for Universal Human Rights 1

2017 ◽  
pp. 66-74 ◽  
Author(s):  
Abdullahi Ahmed An-Na'im
Author(s):  
Shannon Dunn

This article explores the question of whether Islamic law and universal human rights are compatible. It begins with an overview of human rights discourse after the Second World War before discussing Islamic human rights declarations and the claims of Muslim apologists regarding human rights, along with challenges to Muslim apologetics in human rights discourse. It then considers the issues of gender and gender equality, feminism, and freedom of religion in relation to human rights. It also examines four basic scholarly orientations to the topic of Islam and human rights since the end of the Second World War: a model that privileges a secular (non-religious) paradigm for rights; a Muslim apologist model, which privileges a purely “Islamic” conception of rights over secular models; a Marxist/postcolonial critique of rights as a western imposition of power; and a Muslim reformist paradigm of rights that highlights points of continuity between western legal and Muslim legal traditions.


2017 ◽  
Vol 4 (1) ◽  
pp. 57-76
Author(s):  
Daniel Alfaruqi

Abstract.The controversy between Islamic law and universal human rights continues to roll. Apart from universal claims to human rights principles, when he saw that the concept came from the West, some Muslims were suspicious and considered it an attempt to secularize Islamic law. As a result, conservative Muslims continue to reject the application of Western standards, even in the name of universal human rights, to legal problems in Muslim societies. Based on this research, it can be concluded that the Islamic response to human rights is a reflection of global, lasting and fundamental demands. By not intending to have anology, in fact Islam has first taught humanity about concepts that are egalitarian, universal and democratic. This concept that is so beautiful and comprehensive is allegedly adopted by the West through the emergence of universal ideas standardized in the convention of the Universal Declaration of Human Rights. Islamic teachings cover all aspects of human life, and of course they have included rules and high respect for human rights. But it is not in a structured document, but is spread in the holy verses of the Qur'an and the Sunnah of the Prophet Muhammad. The birth of the UDHR and the Cairo Declaration on Human Rights in Islam (CDHRI) endorsed by the OIC was an attempt to clarify the actions of Muslim countries on arrogant, authoritarian and arbitrary Western claims.Keywords: Islamic law, human rights Abstrak.Kontroversi antara hukum Islam dan hak-hak asasi manusia universal terus bergulir. Meskipun telah melekat klaim universal pada prinsip-prinsip HAM, ketika melihat bahwa konsep tersebut berasal dari Barat, sebagian umat Islam curiga dan menganggapnya sebagai usaha untuk mensekulerkan hukum Islam. Karena itu, kalangan Muslim konservatif tetap menolak penerapan standar-standar Barat, meskipun atas nama HAM universal, terhadap persoalan-persoalan hukum pada masyarakat Muslim. Berdasarkan penelitian ini diperoleh kesimpulan bahwa respon Islam terhadap hak asasi manusia adalah cerminan dari tuntutan global, abadi, dan fundamental. Dengan tidak bermaksud untuk berapologi, sesunguhnya Islam telah terlebih dahulu mengajarkan umat manusia tentang konsep yang egaliter, universal, dan demokratis. Konsep yang sedemikian indah dan komprehensif ini disinyalir diadopsi oleh Barat melalui pemunculan ide-ide universal yang dibakukan dalam konvensi Universal Declaration of Human Rights. Ajaran Islam meliputi seluruh aspek dari sisi kehidupan manusia,dan tentu saja telah tercakup di dalamnya aturan dan penghargaan yang tinggi terhadap hak asasi manusia (HAM). Namun memang tidak dalam satu dokumen yang terstruktur, tetapi tersebar dalam ayat-ayat suci al-Quran dan Sunnah Nabi Muhammad SAW. Kelahiran UDHR dan Cairo Declaration on Human Rights in Islam (CDHRI) yang diratifikasi oleh OKI merupakan upaya penjernihan yang dilakukan oleh negara-negara Muslim atas klaim Barat yang arogan, otoriter dan semena-mena.Kata kunci: Hukum Islam, Hak Asasi Manusia


2012 ◽  
Vol 16 (3) ◽  
pp. 218-238 ◽  
Author(s):  
David L. Johnston

A survey of the proliferating literature by Muslims on ecology indicates that the majority favors some role for traditional Islamic law in order to solve the current environmental crisis. And so what is the meaning of the word “Shari’a” that appears so often? A close look at this discourse reveals an inherent fuzziness in its use of Shari’a. All of the scholar/activists surveyed in this paper, though on the conservative end of the spectrum, chiefly refer to “Shari’a” as a source of ethical values. The first to address these issues was Iranian-American philosopher Seyyed Hossein Nasr whose pluralist theology is hospitable to the spiritual input of all faiths; yet the most influential environmentalists today are the British scholars Mawil Izzi Dien and Fazlun Khalid, whose writings and campaigns have impacted millions of Muslims worldwide. Their appeal to past norms of eco-friendly Shari’a norms and their desire to update them in the present context fits nicely with the Earth’s Charter call for “a sustainable global society founded on respect for nature, universal human rights, economic justice, and a culture of peace.”


Author(s):  
Elham Manea

Should Islamic Law be introduced into Western legal system? At the heart of the issue is a debate on legal pluralism, which envisions a society where different laws apply to different religious groups. This paper explores question using the British case of Sharia Councils. Building on the author’s knowledge of the situation of women in Middle Eastern and Islamic countries, she undertook firsthand analysis of the Islamic Sharia councils and Muslim arbitration tribunals in various British cities. She offers a pointed critique of legal pluralism, highlighting the type of Islamic law being used and its human rights ramifications.


2001 ◽  
Vol 19 (1) ◽  
pp. 43-62 ◽  
Author(s):  
Bonny Ibhawoh

Discussions about cultural relativism and the cross-cultural legitimacy of human rights have been central to contemporary human rights discourse. Much of this discussion has focussed on non-Western societies where scholars have advanced, from a variety of standpoints, arguments for and against the cultural relativism of human rights. Arguments for ‘Asian Values’ and lately, ‘African values’ in the construction of human rights have defined this debate. This paper reviews some of the major arguments and trends in the Africanist discourse on the cultural relativism of human rights. It argues the need to go beyond the polarities that have characterised the debate. It argues that while an Afrocentric conception of human rights is a valid worldview, it need not become the basis for the abrogation of the emerging Universal human rights regime. Rather, it should provide the philosophical foundation for the legitimisation of Universal human rights in the African context and inform the cross-fertilisation of ideas between Africa and the rest of the world.


2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Muhammad Faisal Hamdani

Human Rights contain provisions relating to Islamic law, especially family law. As a Sharia scholar, this topic is crucial to observe. This paper analyzes several aspects of family law in human rights, both universal human rights and universal human rights, such as marriage, inheritance, and child custody. There are the similarities and differences in both of these human rights like in the case of marriage. In Universal Declaration Human Rights, marriage is permissible for a couple without consideration of religion at all (article 2), whereas in Universal Declaration Human Rights, there is strong indication (Article 19 (1)a) that inter- religious marriage is forbidden, such as the comments of Elizabeth Mayer and others.DOI: 10.15408/ajis.v16i1.2892


2021 ◽  

The Islamic Republic of Iran is bound by the customary content of the Universal Declaration of Human Rights. In Iran's constitution, however, equality rights apply only to Muslims. Also, the protection by law in the constitution is granted to the citizens of the Islamic Republic exclusively within the framework of the Twelver Shiite interpretation of Islamic law. As a result, there are different rights for different people, depending on gender and religion. How universal human rights are discussed and dealt with in Iran on this basis is the subject of this anthology.


2017 ◽  
Vol 13 (2) ◽  
pp. 243
Author(s):  
Nurrochman Nurrochman

<p>Universal human rights raises much debate among muslims. There are at least three opinions on international human rights. First, a conservative groups that rejects human rights because it comes from Western civilization and is considered contrary to shariah. Second, the liberal groups who accepted the idea of human rights and argue that human rights and Islam are compatible. Third, progressive groups who accept human rights as a concept that compatible with Islam, but the practice must be criticized. In the modern era, muslim ara faced with many challenges. Islamic law is required to be able to answer the challenges of the times. The idea of reformation of Islamic law has actually been appearing since the era of classical jurisprudence. But unfortunately received less attention. This paper is one of the efforts to recall that the ideal of Islamic law reformation is very important, especially concerning the issues of human rights. </p>


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