Islam and Human Rights a Critique of Contemporary Muslim Approaches

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.

Introduction

According to a 20th Century Muslim scholar named Syed Maudidi, " "...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 The rights granted by the kings or the legislative assemblies, could also be withdrawn in the same manner in which they are conferred. The same is the case with the rights accepted and recognized by the dictators. They can confer them when they please and withdraw them when they wish; and they can openly violate them when they like. But since in Islam human rights have been conferred through God then no legislative assembly in the world, or any government on earth has the right or authority to make any amendment or change in the rights conferred by God. No one has the right to abrogate them or withdraw them. Nor are they the basic human rights that are conferred on paper for the sake of show and exhibition and denied in actual life when the show is over. Nor are they like philosophical concepts which have no sanctions behind them."

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):