Human Rights in Islam

Human Rights in Islam

Etymology and Translations

• Human Rights: Arabic - حقوق الإنسان (Huquq al-Insan); Turkish - İnsan Hakları

Introduction

Human rights in Islamic tradition involve a nuanced distinction between huquq Allah (حقوق الله) or “the rights of God” and huquq al-insan (حقوق الإنسان) or “the rights of people.” This bifurcation has generated a complex discourse on human rights within Islamic jurisprudence and its intersection with modern international human rights frameworks.

Islamic Legal Tradition

Islamic legal thought traditionally prioritizes communal and divine obligations, typified by huquq Allah, while also recognizing individual rights or huquq al-insan. Some Muslim scholars propose that huquq al-insan can be aligned with contemporary understandings of human rights, serving as a basis for developing a unique, culturally informed human rights discourse.

Historical Context and Evolution

Colonial Era & Independence Movements

The struggle for independence in many Muslim-majority countries against European colonizers significantly highlighted the importance of civil liberties and democratic freedoms. This era gave rise to the advocacy for rights and the formulation of laws that echoed the universal principles of justice and equality.

Post-World War II International Formulations

After World War II, the formulation of modern international human rights norms, particularly the UN Universal Declaration of Human Rights (1948), catalyzed global discussions on rights. Although the declaration faced some objections from Muslim countries—most notably Saudi Arabia which abstained—the broader Muslim community engaged critically with its principles.

Islamist Critiques and Concerns

Western Bias Allegations

A recurring critique among Muslims is that international human rights frameworks exhibit a distinct Western liberal bias, which may conflict with Islamic values and traditions. In particular, issues such as conversion from Islam to other religions, gender equality, and individual freedoms have sparked considerable debate.

Civil, Political vs. Economic, Cultural Rights

Many Muslim-majority states have argued that Western human rights discourses tend to emphasize civil and political rights, often at the expense of economic, cultural, and social rights. This gap underscores differing prioritizations between Western and Islamic perspectives on human dignity and well-being.

Organizations and Declarations

Organization of the Islamic Conference (OIC)

The OIC’s charter exhibits a commitment to the UN Charter and basic principles of human rights. However, this adherence is tempered by Islamic interpretations of those principles.

Cairo Declaration on Human Rights in Islam (1990)

Presented as a counterpart to international human rights norms, the Cairo Declaration seeks to root human rights within the Islamic legal and ethical framework. Controversially, it omits guarantees of freedom of religion, association, press, and full equality, illustrating the ongoing divisions between Islamic and international human rights narratives.

Muslim Perspectives and Scholarly Debates

There remains a broad spectrum of views on the compatibility between Islamic principles and international human rights. Some scholars advocate for syncretism and reform, arguing for adaptability within the Islamic legal heritage to accommodate universal human rights standards, while others resist, emphasizing religious authenticity and traditional interpretations.

Suggested Books for Further Studies

• “Islam and Human Rights: Tradition and Politics” by Ann Elizabeth Mayer
• “Islamic Human Rights and International Law” by Glenn Reynolds
• “Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative Study” by Nisrine Abiad
• “Human Rights in Islam and Common Misconceptions” by M. H. Kamali

Takeaways

• The Islamic human rights discourse juxtaposes huquq Allah and huquq al-insan.
• Historical and modern critiques emphasize a perceived Western bias in international human rights frameworks.
• The OIC and the Cairo Declaration reflect attempts to harmonize Islamic principles with rights discourse, albeit with significant departures from international norms.
• Ongoing scholarly debates reflect the spectrum of views on harmonizing Islamic legal traditions with global human rights standards.

Conclusion

Understanding human rights within an Islamic context requires navigating historical, legal, and theological landscapes. As the discourse evolves, it continues to face challenges and opportunities for alignment and adaptation within the broader framework of global human rights.