scholarly journals Universal Declaration Of Human Rights VS. Human Rights In Islam

2010 ◽  
Vol 3 (1) ◽  
pp. 11-21
Author(s):  
Asma Manzoor ◽  
Saba Imran Ali ◽  
Muhammad Nadeemullah

The Universal Declaration of Human Rights (UDHR) came into existence after World War II when the Nazi violence perpetrated upon the Jews came to light, the world community realized that the UN Charter was not sufficiently specific to protect human rights. In response, the Declaration was adopted by the United Nations General Assembly in Paris on December 10, 1948. General Assembly resolution 217 A (III) as a common standard of achievements for all peoples and all nations. It consists of 30 articles which cover a broad range including social, political, economic and religious rights. Though not legally binding, the UDHR is considered a foundational document in international human right laws. It has inspired the development of 50 human rights instruments around the world including international treaties, national constitutions, and regional human right laws. Whereas Islamic law or Shari’ah, has been used in countries throughout the world for more than 1,400 years and remains the ideal legal system for more than a billion people worldwide. During the reign of the Ottoman Empire, the nations under its rule flourished in such diverse fields of medicine, education, social sciences and arts. While Shari’ah has been examined in great detail, religious scholars and groups for implementation in Islamic countries mostly completed the research. However, by comparing the rulings and methodology of Shari’ah to current systems around the world, it is possible to gain both a better understanding and also provides an alternative current system of laws.

2016 ◽  
Vol 65 (4) ◽  
pp. 771-789 ◽  
Author(s):  
The Rt Hon Lady Justice Arden

Human rights are one of the great ideas of the twentieth century. After World War II, first Eleanor Roosevelt in relation to the Universal Declaration of Human Rights (‘the Universal Declaration’), and then later the drafters of the European Convention on Human Rights (‘the European Convention’) saw human rights as the way to make the world fairer and safer.


1984 ◽  
Vol 78 (3) ◽  
pp. 607-621 ◽  
Author(s):  
Philip Alston

Writing in 1968, the year of the 20th anniversary of the adoption of the Universal Declaration of Human Rights, Richard Bilder concluded that “in practice, a claim is an international human right if the United Nations General Assembly says it is.” Fifteen years later, as the 35th anniversary is celebrated, the authoritative role that Bilder correctly attributed to the General Assembly is in serious danger of being undermined.


2020 ◽  
Vol 4 (2) ◽  
pp. 335-350
Author(s):  
Abdul Razaq ◽  
Muhammad Usman Khalid

The last Hajj performed by the Messenger of Allah is called the Farewell Hajj in two respects. One is that you did the last Hajj and also with reference to the fact that the Holy Prophet himself said in this sermon: O people! By God, I don't know if I will be able to meet you in this place after today. You specifically said, "Ask me questions, learn and ask what you have to ask." I may not be able to meet you like this later this year.It was as if the Holy Prophet himself was saying goodbye. On this occasion, this Hajj is called the Farewell Hajj.The United Nation General Assembly, approved the: "Universal Declaration of Human Rights" on Dec. 1948. Following this historic achievement, the Assembly urged all its member states to make the announcement public and participate in its dissemination. The purpose of this manifesto was to protect basic human rights throughout the world and to find solutions to various problems facing nations. The rights granted to man under the United Nations Charter, established in the twentieth century, were granted to him by Islam fourteen hundred years ago.The 30 articles of the UN Charter define basic human rights in various ways. These provisions relate to social, religious and human rights. When we compare the Farewell Sermon of the Holy Prophet with this Manifesto, where many similarities come to the fore, the differences are also noticeable.


2000 ◽  
Vol 28 (2) ◽  
pp. 163-176 ◽  
Author(s):  
Eugene Heideman

The Universal Declaration of Human Rights adopted by the General Assembly of the United Nations, 10 December 1948, is the international affirmation of faith in fundamental human rights. As the most widely officially adopted creed in the world, it is of great significance for persons engaged in cross-cultural and international missions. As we have recently recognized the fiftieth anniversary year of its adoption, missiologists must continue to struggle with issues it raises, such as the relation of Christian liberty to human rights, the relation of “rights” to “duties,” and the theological basis for a doctrine of human rights.


AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 355-360 ◽  
Author(s):  
Anne Peters

In May 2018, U.S. President Donald Trump spoke about illegal border crossings: “We have people coming into the country, or trying to come in … . You wouldn't believe how bad these people are. These aren't people. These are animals.” Such dehumanization (in this case of undocumented migrants at the U.S.-Mexico border) has been a standard discursive strategy to prepare, instigate, facilitate, and exculpate violence committed by humans against other humans throughout history. It is exactly in reaction to excesses of such dehumanizing mass violence committed in the Third Reich and during World War II that the Universal Declaration of Human Rights (UDHR) was adopted in 1948. This essay argues that the objectives of the UDHR itself would be furthered if the United Nations (or another international body such as the Food and Agriculture Organization, the World Health Organization, or the World Organisation for Animal Health (OIE)) engaged in work on a universal animal rights declaration. While animal welfare is increasingly protected in domestic jurisdictions, animal rights are still hardly recognized, although they would serve animals better. Animal rights would need to be universalized in order to have an effect in a globalized setting. The international legal order is flexible and receptive to nonhuman personhood. The historical experience with international human rights encourages the international animal rights project, because it shows how the equally pertinent objection of cultural imperialism can be overcome. Animal rights would complement human rights not least because the entrenchment of the species-hierarchy, as manifest in the denial of animal rights in many cases, condones disrespect for the rights of humans themselves.


2016 ◽  
Vol 16 (1) ◽  
Author(s):  
Sapiudin Sapiudin

In liberal studies, Sharia and human rights are two issues that are often opposed to distort the role of sharia in solving human right cases. In his writings on sharia and human rights issues, Abdullahi Ahmed an-Naim often applies rational rules as the source of truth and human values as a goal, but he excludes the role of Islamic law and its interpretation. Naim states that the human right problems in the world can not be solved by the sharia but can only be solved by secular laws. For example, the practice of slavery and discrimination against women and non-Muslims ethnic is a subjective conclusion that is counter productive to the role of sharia. Therefore, this conclusion is unacceptable and is necessary to have objective assessment. It is really clear that sharia is glorious and never distorts human rights at all.DOI: 10.15408/ajis.v16i1.2893


Author(s):  
Khan Ferdousour Rahman

The relationship between human rights and conflict is dynamic, complex, and powerful, constantly shaping and reshaping the course of both peace and war. The world was worried with the devastating effect of the World War II. The United Nations was formed out of the ashes of the war in 1945, putting respect for human rights alongside peace, security and development as the primary objectives. The Universal Declaration of Human Rights (UDHR) was also adopted in 1948 as a continuation of that obligation, which provided a framework for a series of international human rights conventions. Presently almost all the national legislations are influenced by these conventions. The modern system of international human rights treaties is based on the concept of universalism. Depending on the agency, human rights include civil and political rights, economic, social and cultural rights, development rights, and indigenous rights. However, what is or is not considered a human right differs from one nation to another (Fedorak, 2007).


2019 ◽  
Vol 76 (3-4) ◽  
pp. 162-170
Author(s):  
Marianna Pace

The article explores the evolutionary path that led to the emergence of the right to water as human rights, since the Universal Declaration of Human Rights till to its inclusion in the 2030 Agenda for Sustainable Development. In particular, on the one hand the paper analyses the definition and the content of the right to water, as well as the obligations stemming for contracting States to the international treaties recognizing this right. On the other one, it focuses specifically on how to ensure an effective guarantee of the right to water. Finally, the analysis assesses the contribution of Goal 6, included in 2030 Agenda for Sustainable Development, to the international water law regime.


2018 ◽  
Author(s):  
Sandra L. Babcock

Over the last several decades, the world has made great strides towards universal abolition of the death penalty. Since the Universal Declaration on Human Rights was adopted in 1948, nearly 100 countries have abolished the death penalty as a matter of law. European and Latin American nations have been on the forefront of abolitionist efforts, but anti-death-penalty sentiment is not limited to those regions; support for the death penalty is waning in Africa and Southeast Asia as well. All but one or two nations claim to no longer execute minors, and many of the world's leading executioners have greatly reduced the number of crimes for which the death penalty can be applied. The General Assembly of the United Nations has now passed four resolutions in favor of a universal moratorium on capital punishment, and each has been supported by a greater number of countries-even those that were previously considered staunch supporters of the death penalty.


Author(s):  
Rebecca Evans

International law defines torture as the intentional infliction of intense suffering aimed at forcing someone to reveal information, punishing unwanted behavior or inspiring fear in a broader population. Since torture is banned under any and all circumstances, states go to great lengths to insist that their conduct does not qualify as torture. Officials seek to distance themselves legally and morally from an association with torture by using clean torture techniques that do not leave physical marks and by downplaying the seriousness of their methods, characterizing their interrogation techniques in euphemistic language that makes it possible to practice torture without admitting that they are doing so. Yet even supposedly lesser forms of abuse referred to as torture “lite” can have severe effects when they are employed in combination and for long periods. Fundamentally, torturous acts are designed to break a victim by demonstrating the victim’s utter powerlessness. Historically, torture was not only common in times of war and social upheaval, but it was also openly practiced in many societies as an integral part of the judicial system. Torture was seen as an effective technique for obtaining information as well as an appropriate punishment for the immoral and a useful deterrent against future misconduct. Since the end of World War II, torture has been rejected as a violation of basic human rights and publicly condemned by most countries in the world; international treaties such as the United Nations Convention Against Torture (CAT) require signatory parties to end torture within their territorial jurisdiction and to criminalize all acts of torture. Nonetheless, countries throughout the world continue to engage in ill-treatment and torture, often during times of national stress, when perceived others or out-group members are subjected to extreme interrogation. Although torture is employed by democratic and nondemocratic forms of government alike, empirical studies reveal that political regimes and institutions have a significant impact on the type of torture used and the duration of government support for torture. Effective democratic institutions like a free press and an independent judiciary make it more likely that cases of torture will be exposed and violators punished, and democratic governments with strong mechanisms for holding officials accountable are more likely to transition away from ill-treatment and torture of detainees, at least once violent challenges end. During periods of perceived threat, however, public intolerance of unwanted others makes it likely that democratic publics will condone if not encourage the use of torture against detained transnational terrorism suspects and other dissidents. Under such circumstances, independent judicial institutions may incentivize officials to practice torture more covertly. Non-democratic countries are more likely to flout human rights treaties such as the CAT, signing such agreements as a means of deflecting criticism but continuing to employ torture against dissidents. Even liberal democracies are found to have difficulty complying with certain international human rights treaty obligations, especially when information about violations—as in the case of torture—tends to be hidden. The resulting impunity makes it difficult to put an end to torture.


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