The relationship between islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. Also available in print, but the electronic index links to many fulltext articles on heinonline. Headscarf, freedom of religion, international human rights law 1. It also constituted a problem that most of the material available on the subject of islamic law and human rights are written by western scholars and from a westernized perspective. This approach quickly ends in acrimony and accusations of misunderstanding. International human rights law protects primarily individuals in the exercise of their freedom of religion or belief, rather than the religions as such. 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. This study offers a conceptual analysis of gender and human rights under islamic law, state law and international law, and extends this analysis to a specific examination of the nature of womens rights in the islamic tradition. The first position taken has been categorized as the secular approach. More recently, the link between, inter alia, the rule of law, effective human rights protection and economic progress has been emphasized by the secretarygeneral of the united nations in his millennium report, where he emphasized that chapter 1 international human rights law and the role of the legal professions. By charting a genealogy of feminist engagement with this body of law, the issues thrown up by the dualistic and asymmetrical assumptions of feminist advocacy focused on womens rights are critically examined. Sexuality and human rights susana t fried e fforts to develop the concepts and strategies of sex uality and human rights have been emerging over the past two decades. Introduction islam is widely considered as europes fastestgrowing religion, with immigration and above average birth rates leading to a rapid increase in the muslim population. The relation between international law, islamic law and.
Human rights, the west and islam before i discuss the human rights in islam i would like to explain a few points about two major approaches to the question of human rights. This will enable us to study the issue in its proper perspective and avoid some of the confusion which normally befogs such a discussion. Feb 10, 2020 the underlying rationale for these instruments is that international law has a legitimate role to play in protecting human rights. We also stock notes on international law as well as law notes generally. Office of the high commissioner for human rights participates in the 1 secretarygenerals programme for reform undoc. Islam and human rights the universal declaration of human rights adopted by the general assembly of the united nation on december 10, 1948 embodies the broadest consensus of contemporary civilisation on the subject of human rights. By ratifying these instruments, state parties assume obligations under international law to respect the rights guaranteed therein and to hold themselves accountable for failing to do so. A scholarly analysis of islamic law alongside international human rights law. The traditional arguments on this subject are examined and responded to from both international human rights and islamic legal perspectives. This approach suggests that muslim individuals, groups and countries should solely follow international human rights law, including but not limited to the universal declaration of human rights. International human rights system human rights law research. Origin and development of human rights in islam and the west. Islamic law and international human rights law hardcover. Failure to conform to international human rights standards.
Ejil 152 chg206 402 ejil 15 2004, 395404 to the limited extent that it deals with human rights, khans human rights in the muslim worldis an exposition and analysis of the state of human rights in certain parts, mainly asian, of the muslim world, rather than a theory or coherent methodology for promoting human rights. Pdf human rights are undeniable natural rights that are indispensible for the upholding of human dignity and respect. A51950 14 july 1997 paragraphs 78 79 human rights are integral to the promotion of peace and security, economic prosperity, and social equity. Chapter 1 international human rights law and the role of the.
This 111page report documents human rights violations since sharia was introduced to cover criminal law in 12 northern states. Gender equality and islam promoting womens human rights through religion the religion of islam strongly influences the social, economic and political spheres of life. Islamic law and human rights almustaqeem publications. International law is the subject heading for articles on human rights. As time passes, it is becoming increasingly clear that islamic law is no longer a municipal law. The debates about the compatibility of islamic law with international human rights are taking on an increased significance in both the muslim and the nonmuslim worlds.
It explores the disparity between the theoretical perspective on womens rights and its application to muslim jurisdictions, determined by elements of cultural. One of the contemporary challenges faced by islamic law today is the issue of compatibility between islamic law and international human rights law. They are not examples of the defense of the human rights in islam. Therefore, we point out here the obligation that those who would like to study islam objectively, should do so by studying it on its own merits, as a fully developed system, and. Ejil 152 chg206 european journal of international law. The human rights of women and of the girlchild are an inalienable, integral and. Islam from within, and hamper just implementation of islamic laws. Iran, islamic law and international law, in particular human rights law, are inconsistent in various aspects. Gender and human rights in islam and international law. She has extensive experience of gender and human rights issuess relating to islam, and has written or contributed to numerous books and journals on the subject. In order to examine whether islam recognized a notion of fundamental rights, the author first tries to establish to what extent the notion of legal equality is recognized in islamic law. Mar 31, 2010 having discovered a constructive potential in both islam and womens human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. Islamic law and human rights international law oxford. Islamic law, international relations, and human rights.
Springsummer, 2003 islamic law and human rights 15 those acknowledged by the rest of humanity. Islam is not only a religion but also a complete course of life. Human rights and shariah justice in nigeria nigerian law guru. Sharia and human rights, the challenges ahead abdulkadir mubarak 1department of private and islamic law, faculty of law, university of abuja, nigeria there are some people among the nonmuslims and even the muslims who spread confusion that the concept of human rights is alien to sharia. This article explores the question of whether islamic law and universal human rights are compatible. International journal of social science and humanity, vol. It was, however, difficult to establish the exact numbers of. This important study offers a conceptual analysis of gender and human rights under islamic law, state law and international law, and extends this analysis to a specific examination of the nature of womens rights in the islamic tradition. The objective of this paper will be whether islam is compatible with human rights in general, and with the declaration of human rights in particular, which has been both a muslim issue and a. Iran may invoke islamic law to successfully justify breaches of international law, this arti.
Download printerfriendly pdf file of this report 527 kb. Human rights and islamic law in northern nigeria hrw. This chapter rethinks the tradition of sexgender dualism and asymmetry in international human rights law. Since 2000, at least 10 people have been sentenced to death and. It constitutes law concepts, political structures, ethics, origin and development of human rights in islam and the west. Against this background, the 1993 world conference on human rights in vienna was a turning point. Islamic law vs human rights humanists international. The islamic and international human rights law perspectives.
Although this was a conference on human rights in general, significant attention was devoted to womens rights as human rights. One dimension, which is particularly shaped by islamic tenets, is the status of and relationship between men and women. This volume is a comprehensive and authoritative comparative analysis which asks whether muslim states can comply with international human rights law whilst adhering to islamic law. In this booklet the author address human rights in the light of perfectly balanced system of laws and principles of islam. This booklet attempts a comparative study of islam and the declaration.