During the last few decades, growing attention has been paid to the enforcement (and the prevention of the abuse) of fundamental human rights, mainly facilitated by the International Human Rights Regime. Moreover, human rights-issues are increasingly subject to a controversial international debate, especially in the light of continuous globalisation, events such as 9/11 and rising cross-cultural communication. One specific discussion-point concerns ‘Islam and Human Rights’, the crux of the matter being the compatibility of Islamic normative values with the Universal Declaration of Human Rights (UDHR). Every scholar who approaches this debate more profoundly automatically comes across with the Universalist/Cultural- Relativist-debate. These academics go a step further. They are concerned with the evaluation of the compatibility-analysis and discuss the validity and consequences of such an analysis.1 However, the following paper operates independently of the Universalist/Relativist debate. The aim is to explore the compatibility of the Islamic tradition with the Universal Declaration, and the author believes that the most appropriate approach is an objective comparison, without judging the result of the analysis in any way. 2 The first and second section sketch the basic characteristics of the UDHR and Islam. An understanding of both doctrines is a necessary tool for the purpose of this essay. The third part analyses the compatibility of both doctrines on two levels. The essay then outlines the diverse Muslim positions regarding human rights in Islam. This is essential to be able to draw a sound conclusion concerning the compatibility of Islam with the UDHR, in the last section. 1 Universalists maintain the validity of the UDHR-doctrine and often criticise the Islamic- or other traditions on grounds of their non-conformity with the International Bill of Human Rights. Cultural Relativists, on the other hand, argue that the doctrine of universal human rights is challenged by different moral claims derived from different cultural contexts. Compare Jones (2001:51-76), Brown (1999:103-127), Pollis (2000:9-30), Schmale (1993:3-27), Rüsen (1993:28-46), Donelly (1998: 1-23) and Huntington (1997). 2 Also, the term ‘compatibility’ does not imply a notion of superiority (of one over the other doctrine) in this context.
Table of Contents
1. The Universal Declaration
2. Special characteristics of Islam
3. The UDHR and ‘Islam’- a comparison
3.1. Level One: The Koran and Shari’ah
3.2. Level Two: The Cairo Declaration on Human Rights in Islam
3.3. Reflection
4. Muslim opinions on human rights
4.1. Conservative ‘Rejectionists’ and ‘Apologists’
4.2. Conservative ‘Alternativists’
4.3. Conservative ‘Islamizationists’
4.4. Liberal ‘Re-interpretators’ and ‘Reformers’
4.5. Liberal ‘Secularists’
5. Conclusion
Research Objectives and Topics
This paper aims to explore the compatibility of the Islamic tradition with the Universal Declaration of Human Rights (UDHR). Rather than engaging in the broader Universalist/Cultural-Relativist debate, the study adopts an objective, theoretical comparison of specific normative Islamic sources and the UDHR to determine if and where potential conflicts exist regarding human rights commitments.
- Analysis of the basic characteristics of the Universal Declaration of Human Rights.
- Examination of fundamental Islamic normative sources, including the Koran and Shari’ah.
- Comparative analysis of the compatibility between Islamic doctrine and the UDHR at two levels.
- Evaluation of the Cairo Declaration on Human Rights in Islam in relation to the UDHR.
- Overview of diverse Muslim ideological positions regarding human rights.
Excerpt from the Book
3. The UDHR and ‘Islam’- a comparison
Provided with a general knowledge regarding the characteristics of Islam and the UDHR, one particular difficulty seems to arise at this point. The UDHR prescribes a specific theory of human rights and forms a major part of the internationally recognised Bill of Human Rights. Islam, on the other hand, stands for a world religion and diverse culture, which draws its particular human rights conception from a variety of sources. It appears that there is no such thing as “Islam” which could be subject to a comparison. This now raises the question how a comparison could be carried out to come to a relatively sound conclusion.
Since ‘Islam’ cannot be treated as monolithic, some elements that represent the Islamic tradition have to be detached and individually compared with the UDHR. This makes it possible to examine whether a conflict (-potential) between these features and the UDHR exists.
Summary of Chapters
1. The Universal Declaration: Outlines the foundational principles and scope of the UDHR as a core document of the International Bill of Human Rights.
2. Special characteristics of Islam: Discusses the central role of the Koran and Shari’ah in defining Islamic principles, emphasizing the focus on collective duties over individual rights.
3. The UDHR and ‘Islam’- a comparison: Compares the normative commitments of the Koran, Shari’ah, and the Cairo Declaration with the provisions of the UDHR, highlighting areas of conflict.
4. Muslim opinions on human rights: Categorizes diverse Muslim perspectives on human rights into five groups, ranging from conservative rejectionists to liberal secularists.
5. Conclusion: Summarizes the findings, noting that while conflicts exist, the diverse and non-monolithic nature of Islam makes a definitive, universal conclusion regarding incompatibility complex.
Keywords
Islam, UDHR, Universal Declaration of Human Rights, Shari’ah, Human Rights, Cairo Declaration, Compatibility, Muslim perspectives, Cultural Relativism, Koran, Normative values, Religious freedom, Islamic jurisprudence.
Frequently Asked Questions
What is the fundamental focus of this research paper?
The paper examines the compatibility between Islamic normative values, specifically as derived from the Koran and Shari’ah, and the Universal Declaration of Human Rights.
What are the primary thematic fields addressed?
The study covers human rights theory, Islamic jurisprudence, the role of international human rights regimes, and the spectrum of modern Muslim thought regarding religious and state identity.
What is the primary objective of the work?
The author aims to provide an objective, theoretical comparison to see whether the principles defined in the UDHR conflict with the tenets of traditional Islamic sources and the Cairo Declaration.
Which scientific methodology is employed?
The paper utilizes a comparative, theoretical analysis, breaking down Islamic tradition into distinct facets to allow for a manageable comparison against the articles of the UDHR.
What is covered in the main body of the paper?
The main body investigates the UDHR and Islamic characteristics separately, compares them on two levels (traditional sources and the Cairo Declaration), and evaluates five distinct Muslim ideological schools of thought.
Which keywords best describe this study?
Key terms include Islam, UDHR, Shari’ah, Human Rights, compatibility, Cairo Declaration, and ideological diversity within the Muslim world.
How does the author define the relationship between the Koran and the Shari’ah in the context of human rights?
The author notes that while the Koran provides broader moral commitments, the Shari’ah functions as a stricter legal code that often conflicts more sharply with the individualistic rights framework of the UDHR.
Does the author conclude that Islam is inherently incompatible with the UDHR?
No, the author argues that because "Islam" is not a monolithic construct, it is impossible to draw a universally valid conclusion of total incompatibility, emphasizing instead the historical dimensions and internal diversity of interpretation.
- Quote paper
- Julia Heise (Author), 2005, How compatible are the normative commitments of Islam with the Universal Declaration of Human Rights?, Munich, GRIN Verlag, https://www.grin.com/document/36673
