Errors in Muslim formulations of Islamic human rights doctrine

Islam and Human Rights

a Critique of Contemporary Muslim Approaches

The basic objective of this research is note the errors that are committed by Muslims in their argument of human rights in Islam or in other words to explore possible means of formulation of a more coherent alternative expression of values to point out the errors committed by Muslims in their attempt to argue the case of human rights in Islam in the hope that efforts and resources expended in that direction can be derived to a more agreeable end; which is the exploration of possible means of formulating a more coherent alternative expression of values to the so-called "Islamic human rights."

A considerable amount of literature has been produced on these issues by competent Muslim thinkers and scholars but because they either

purposefully or 2) inadvertently chose to follow almost the same style as explored in the Western tradition in the advancement of their case however, they have run into theoretical as well as doctrinal problems. As a consequence they have either completely avoided tackling important issues like polygamy, apostasy (riddah) and the legal punishments prescribed in the Qur'an and Sunnah (hudud) in the light of the current propagation of the doctrine of human rights, which they cannot adequately defend or justify while following Western presuppositions; or on the contrary, they have dismissed such issues altogether as a pre-modern and therefore obsolete; or have actually combined culture with doctrine and ended up providing inaccurate positions which they attribute to the Shari'ah for example in the case of restricting women's rights and freedoms.

Muslim Beliefs and Authorities of Those Beliefs

According to the Islam 101 Website the habit of "attributing every good thing to themselves and try to prove that it is because of them that the world got this blessing" is common of the people in the West. In this articles it is stated that it is common knowledge that the "concept of basic human rights came from Britain's Magna Carta. No one was aware that the Magna Carta was inclusive of the principles of "Trial by jury"; "Habeas Corpus" and the "Control of Parliament on the Right of Taxation." The second point made in this work is the fact that "when we speak of human rights in Islam we really mean that these rights have been granted by God; they have not been granted by any king or by any legislative assembly.

The Holy Quran

The concept of hudud is stated to provide for a "comprehensive set of guidelines on moral, legal and religious themes. The Quran has set down punishment of Hudud for four crimes as follows:

Theft and Robbery: amputation

Adultery and Slander: whipping

Another authority of Muslim Law the 'Sha'riah' is based on the principle of maslahah or that, which secures the best interest of the people. Some sets of those who adhere to Muslim beliefs are in violation of the intended application of punishment vested in Hudud.

The Muslims believe that no legislative assembly in the world, or any government on earth ahs the right or authority to make any amendment or change in the rights conferred by God. Muslims believe that the foremost basic right is, "the right to live and respect human life. Stated in the Holy Quran is that:

"Whosoever kills a human being without ( a reason like) man slaughter, or corruption on earth, it is as though he had killed all mankind." (5:32)

Also stated in the Quran is that:

"God has said: "And whoever saves a life it is as though he had saved the lives of all mankind" (5:32).

The Charter of Human Rights granted by Islam is that "woman's chastity has to be respected and protected under all circumstances whether she belongs to the Muslim nation or the nation of an enemy, whether she is found in a forest that is wild or in a conquered city, whether she is Muslim or not. The Universal Declaration of Human Rights was, "articulated along the lines of historical trends of the Western world during the last three centuries, and a certain philosophical anthropology of individualistic humanism helped justify them" (Hassan, 2005)

The basic assumptions underlying the Declaration were that:

a. Universal human nature common to all peoples,

b. Of the Dignity of the individual; and

c. Of a democratic social order. (Hassan, 2005)

According to Hassan (2005):

"Given the reservoir of negative images associated with Islam and Muslims in "the Collective Unconscious" of the West, it is hardly surprising that, since the demise of the Soviet Empire, "the World of Islam" is being seen as the new "Enemy" which is perhaps even more incomprehensible and intractable than the last one. The routine portrayal of Islam as a religion spread by the sword and characterized by "Holy War," and of Muslims as barbarous and backward, frenzied and fanatic, volatile and violent, has led, in recent times, to an alarming increase in "Muslim-bashing" - verbal, physical as well as psychological - in a number of Western countries. In the midst of so much hatred and aversion toward Islam and Muslims in general, the out-pouring of so much sympathy, in and by the West, toward Muslim women appears, at a surface level, to be an amazing contradiction. For are Muslim women also not adherents of Islam? And are Muslim women also not victims of "Muslim-bashing"? Few Muslims can forget the brutal burning of Turkish Muslim girls by German gangsters or the ruthless rape of Bosnian Muslim women by Serbian soldiers."

Findings of Research

There are groups of Muslims who attend more diligently to the principles of Islam than do many devoted individuals of other religions. The Muslim religion is traditionally a peaceful religion based on the principle of treating one's fellowman as one would want to be treated by them. However, just as has been witnessed in other religions of the world, over time different meanings have been constructed which has led to the formation of extremist groups that are on the 'holy' warpath and abusive of the women in the Muslim society. The many different sets and sects of Muslims are just as in any other religion in the world in that there are the traditionalists, there are the extremists and there are those who do not take upon themselves labels in religion but instead worship in their own respective personally held beliefs and convictions.