Gender And Human Rights In Islam And International Law Pdf

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Islam and human rights: Clash or compatibility?

Some proponents of human rights are deeply sceptical of Islam and religion in general for that matter. They argue that the two are inherently incompatible. But this is not all there is to say about Islam and human rights. If we listen to some of the many Muslim voices in contemporary human rights debates, a much more nuanced picture emerges.

There are at least four different positions among Muslim state actors, civil society organisations and intellectuals today. Some flat out reject the whole concept of human rights. They consider human rights to be a Western invention, grown out of Western history and based on Western values of secularism and individualism — and as such irrelevant to the Muslim world.

According to Mawdudi, the right to life, security, freedom and justice are basic Islamic rights. Today we primarily find proponents of Islamic rights among Islamic extremists, violent as well as non-violent.

But that does not mean that there is not still a great deal of scepticism towards at least some human rights. According to the human rights sceptics, then, Islam and human rights are compatible only to the extent that human rights do not challenge Islamic law. If the two are to fully reconcile, certain rights must be adjusted, reinterpreted and if necessary cancelled — because Islamic law is, in their perspective, unchangeable and god-given.

He, and many others, rejects the stark conservatism of the human rights sceptics, arguing that Islamic law can be re-interpreted in ways that are more compatible with human rights. Working pragmatically through the established religious system, they, and other proponents of this position, seek to push the boundaries for how Islamic law can be interpreted, facilitating space for human rights, but without seriously challenging the religious authority of Islamic law.

Islamic law is, in other words, still the supreme authority under which human rights need to be subsumed. For a smaller, but arguably growing, group of Muslims, pragmatic reforms of Islamic law are not sufficient if Islam and human rights are to be reconciled.

Conflicts between the two, they argue, are not about misinterpretations of Islamic law, but about the very notion of Islamic law. Similarly, the Egyptian legal scholar Muhammad Said al-Ashmawy argued that sharia should not be understood as legal rules, but as a set of ethical and social codes.

Rather than trying to re-interpret conservative Islamic jurisprudence, these liberal Muslim thinkers reject the relevance of such jurisprudence. Inspired by such thinking, some Muslim human rights activists argue that Islam is fully compatible with human rights — not as a legal system, but as a set of ethical and religious values that can strengthen and legitimise the legal standards of human rights.

This brief overview shows that the question of compatibility between Islam and human rights cannot be answered with a simple yes or no. Instead, one has to ask what kinds of Islam are compatible with what kinds of human rights, when, where and with whom.

The different positions outlined here illustrate that Islam entails a multitude of different voices, interpretations and positions on human rights, promoted by different actors in different historical, social, cultural and political contexts. If we want to strengthen human rights, it is crucial to include all those Muslim voices engaging in the human rights debate — the sceptics, the pragmatics and the liberal ones. The latter can challenge conventional Islamist conceptions of human rights as a Western project and contribute to theological reform.

But at the same time it is important to note that such actors rarely enjoy great popular support — and as such they are not necessarily the best at anchoring human rights in local contexts. Here the pragmatics may have better luck; they often enjoy greater popular support and are able to build bridges to more conservative human rights sceptics. Finally, it is important to note the criticism coming from these human rights sceptics and opponents — not to give way to it, but to understand what and where it comes from.

The criticism can be — and often is — strategic and politically motivated. This is something to be taken seriously. Your email address will not be published. Search for:. Marie Juul Petersen June 11th, Islam and human rights: Clash or compatibility? Are Islam and human rights compatible? Marie Juul Petersen explores how Islam entails a multitude of different voices, interpretations and positions on human rights, promoted by different actors in different historical, social, cultural and political contexts.

Image: Flickr, dynamosquito Some proponents of human rights are deeply sceptical of Islam and religion in general for that matter. About the author Marie Juul Petersen. Like it. This is amazing. Leave a Comment Cancel reply Your email address will not be published. Holy Land Experience: authentic spirituality through theme-park entertainment March 20th, 1. We use cookies on this site to understand how you use our content, and to give you the best browsing experience.

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Gender and Human Rights in Islam and International Law

The United Nations U. In addition to these global initiatives, complementary declarations were developed by regional organizations including the Organization of American States, Organization of African Unity, and Council of Europe. Under the umbrella of the Organization of Islamic Cooperation OIC; formerly the Organization of Islamic Conference , Muslim states revisited these concepts in the s to draft their own instrument. Turan Kayaoglu Former Brookings Expert. Not to mention, the organization co-opted the language of Sharia in the document to empower states and ensure national sovereignty. Although the ODHR better reflects principles rooted in international human rights law, it falls short on issues related to family values, freedom of speech, and political participation.

Although ideas of rights and dignity of human beings can be traced to antiquity, modern human rights originated in the wake of the European Enlightenment. The American Declaration of Independence and the French Revolution ushered in processes that some years later culminated in human rights being proclaimed as universal entitlements of all individuals. Contemporary human rights theory is based on three axioms: one, that human rights are universal and belong to all individuals, irrespective of their religion, ethnicity, gender or sexuality; two, that human rights are absolute and innate, not grants from states or some metaphysical authority; three, that they are the properties of individual subjects who possess them because of their capacity for rationality, agency and autonomy. The UN Charter and the Universal Declaration of Human Rights UDHR obliges states to protect the human rights of their populations and provide redress of their violation through appropriate judicial procedures. However, since the UN system recognises states as sovereign entities, the concomitant non-interference principle has, in practice, meant that the human rights situation varies from country to country, and even those countries that have formally ratified UN treaties on human rights can get away with violation of those commitments with formal protests from UN monitoring agencies. Moreover, some treaties permit partial derogation.

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. Keywords: Islamic law , universal human rights , Muslim apologetics , gender , gender equality , feminism , freedom of religion , Muslims. The question of whether Islam and universal human rights are compatible has been posed frequently by scholars in the late twentieth and early twenty-first centuries. Yet others esteem the Islamic tradition as the highest manifestation of human rights, and engage in apologetic explanations of the human rights components of the classical tradition.

Islamic Law and International Human Rights Law

Some proponents of human rights are deeply sceptical of Islam and religion in general for that matter. They argue that the two are inherently incompatible. But this is not all there is to say about Islam and human rights. If we listen to some of the many Muslim voices in contemporary human rights debates, a much more nuanced picture emerges.

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible.

Some proponents of human rights are deeply sceptical of Islam and religion in general for that matter. They argue that the two are inherently incompatible. But this is not all there is to say about Islam and human rights. If we listen to some of the many Muslim voices in contemporary human rights debates, a much more nuanced picture emerges. There are at least four different positions among Muslim state actors, civil society organisations and intellectuals today.

Islamic Law and Human Rights

International human rights law and gender equality: elements of a rights-based approach.

4 Comments

 - Ему не стоило напоминать о поразительной способности Мидж Милкен предчувствовать беду.  - Мидж, - взмолился он, - я знаю, что ты терпеть не можешь Стратмора, но… - Это не имеет никакого значения! - вспылила.  - Первым делом нам нужно убедиться, что Стратмор действительно обошел систему Сквозь строй. А потом мы позвоним директору. - Замечательно.

 - Ах да… Я, кажется, что-то такое читала. - Не очень правдоподобное заявление. - Согласна, - сказала Сьюзан, удивившись, почему вдруг Хейл заговорил об.  - Я в это не верю. Всем известно, что невзламываемый алгоритм - математическая бессмыслица. Хейл улыбнулся: - Ну конечно… Принцип Бергофского. - А также здравый смысл! - отрезала .

Islamic Law and Human Rights

ГЛАВА 96 Промокшая и дрожащая от холода, Сьюзан пристроилась на диванчике в Третьем узле. Стратмор прикрыл ее своим пиджаком.

 - В них постоянно упоминается Цифровая крепость и его планы шантажа АНБ. Сьюзан отнеслась к словам Стратмора скептически. Ее удивило, что он так легко клюнул на эту приманку. - Коммандер, - возразила она, - Танкадо отлично понимал, что АНБ может найти его переписку в Интернете, он никогда не стал бы доверять секреты электронной почте.

Women’s Human Rights

 Пожалуйста, сядь, Сьюзан. У нее был совершенно растерянный вид. - Сядь, - повторил коммандер, на этот раз тверже.

 Хорошо, - вздохнул он, всем своим видом признавая поражение.