This thesis is about finding out if there is a possibility to consider reconciliation between Islam a minority religion and European law in regards to human rights.The aim is to understand the conflict between Islam and liberal political concept human rights law to present a picture that can show human rights protection in European society of which Muslims have become an essential part. Sharia law is taken as an Islamic legal and political manifestation that considered being in conflict with contemporary liberal political concepts like European Union and its laws.
With the help of comparative analysis of Islamic countries both in a non European country and a country that is a party to European convention, and historical practices of Muslim societies and regimes in relation to value of Sharia in Islamic civilizations and contemporary world. It was observed that Sharia has never been the primary source of legal and political fabric of Islamic rules throughout the history and a larger part of Islamic morals and values recognize modern liberal political concepts and values such as constitutionalism and human rights which are also practiced in modern Muslim majority states like Turkey.
John Rawls’ theory of overlapping consensus is used in support which says that a desired consensus is only possible if a concept affirms a political conception that is sufficient to express values under favorable conditions make a just constitutional regime despite other values may oppose them.
Table of Contents
- Chapter 1: Introduction
- Research problem
- Aim and Research Questions
- Delimitation
- Relevance to the Human Rights
- Theory
- Method
- Chapter 2: Universal European Human Rights and their Relationship with Islam
- EU Human Rights Models
- Political Discourse of Human Rights
- Chapter 3: Political Compatibility between Islam and Human Rights as Liberal Political Concept
- Sharia through the Course of Time
- Sharia the Islamic Law
- Sharia Understanding towards Becoming a State Law
- Concept of Secular State and Islam
- Comparison of Pakistan and Turkey In Relation to Sharia Law and Human Rights
- Islamic Republic of Pakistan
- Republic of Turkey
- Analysis
- Conclusion
Objectives and Key Themes
This thesis aims to explore the potential for reconciliation between Islamic law (Sharia) and European human rights law, specifically focusing on the challenges and opportunities presented by the integration of Muslim minorities within European societies. The research investigates the perceived conflict between Islamic principles and liberal political concepts underpinning human rights frameworks.
- The compatibility of Sharia law with European human rights concepts.
- The historical and contemporary roles of Sharia in Muslim societies.
- Comparative analysis of Sharia’s application in different Muslim-majority countries (e.g., Pakistan and Turkey).
- The concept of overlapping consensus as a framework for understanding potential reconciliation.
- The challenges of balancing religious freedom with the protection of human rights in a pluralistic society.
Chapter Summaries
Chapter 1: Introduction: This introductory chapter sets the stage for the thesis by outlining the research problem, which centers on the perceived conflict between Islamic law and European human rights frameworks within the context of Muslim minority integration. The author establishes the research aim and questions, defining the scope of the study and its relevance to human rights discourse. The chapter also introduces the theoretical framework and methodology employed throughout the research. It highlights the complexity of navigating religious and cultural differences within modern societies, emphasizing the historical context and evolution of human rights principles. The introduction cites the ongoing debate surrounding the compatibility of Sharia with secular legal systems and the implications for religious freedom and minority rights.
Chapter 2: Universal European Human Rights and their Relationship with Islam: This chapter analyzes the fundamental principles of European human rights and examines their relationship with Islamic teachings and practices. It explores the various models of human rights protection within the European Union and dissects the political discourse surrounding human rights in the context of Islam. The chapter likely investigates the extent to which the European model aligns with or conflicts with interpretations of Islamic law, emphasizing the diversity of Islamic views and the challenges of achieving a unifying perspective. It will also likely address instances of perceived incompatibility and potential areas of overlap between European and Islamic perspectives.
Chapter 3: Political Compatibility between Islam and Human Rights as Liberal Political Concept: This chapter delves into a comparative analysis of the compatibility between Islam and liberal human rights concepts. It examines the historical evolution of Sharia law, its diverse interpretations, and its role in shaping legal and political systems in different contexts. The chapter utilizes case studies, such as comparing Pakistan and Turkey, to illustrate the varied approaches to integrating Sharia with modern legal frameworks and human rights protections. The analysis likely explores how different political systems have navigated the complex interplay between religious law and secular legal structures, providing insights into the possibilities and challenges of achieving a balance between religious freedom and the upholding of universal human rights principles. The author may use the theory of overlapping consensus to support the arguments made within this chapter.
Keywords
Islam, Human Rights, Sharia Law, Liberal Political Concepts, Comparative Analysis, Islamic Civilization, Overlapping Consensus, Constitutionalism, Religious Freedom, Minority Rights, Secularism, Muslim Minorities in Europe, European Union Law, Political Integration.
Frequently Asked Questions: A Comprehensive Language Preview
What is the main topic of this academic work?
This thesis explores the potential for reconciliation between Islamic law (Sharia) and European human rights law, focusing on the challenges and opportunities presented by the integration of Muslim minorities within European societies. It investigates the perceived conflict between Islamic principles and liberal political concepts underpinning human rights frameworks.
What are the key themes explored in this research?
Key themes include the compatibility of Sharia law with European human rights concepts; the historical and contemporary roles of Sharia in Muslim societies; a comparative analysis of Sharia’s application in different Muslim-majority countries (like Pakistan and Turkey); the concept of overlapping consensus as a framework for potential reconciliation; and the challenges of balancing religious freedom with human rights protection in a pluralistic society.
What is the structure of the thesis?
The thesis is structured into three main chapters. Chapter 1 provides an introduction, outlining the research problem, aims, questions, delimitation, relevance to human rights, theoretical framework, and methodology. Chapter 2 analyzes universal European human rights and their relationship with Islam, exploring EU human rights models and the political discourse surrounding human rights in the context of Islam. Chapter 3 delves into the political compatibility between Islam and human rights as liberal political concepts, examining the historical evolution of Sharia, its interpretations, and its role in different legal and political systems (using Pakistan and Turkey as case studies). The thesis also includes a table of contents, objectives and key themes, chapter summaries, and keywords.
What specific questions does the research aim to answer?
While not explicitly listed as numbered questions, the research implicitly seeks to answer questions regarding the compatibility of Sharia with European human rights; the historical and contemporary influence of Sharia; the diverse applications of Sharia across different Muslim-majority nations; and the potential for bridging the gap between religious law and secular legal frameworks through concepts like overlapping consensus.
What methodology is used in this research?
The specific methodology isn't detailed in the provided preview, but it involves comparative analysis, likely drawing on case studies of Pakistan and Turkey to illustrate the varied approaches to integrating Sharia with modern legal frameworks and human rights protections. The preview also mentions the potential use of the theory of overlapping consensus.
What are the key findings or arguments (as previewed)?
The preview doesn't present specific findings, but it sets the stage for an analysis exploring the complexities of reconciling Sharia with European human rights law. It suggests that the research will investigate the potential for compatibility, highlighting the diverse interpretations of Sharia and the varying ways different countries have integrated religious law with secular legal structures.
What are the keywords associated with this research?
Keywords include: Islam, Human Rights, Sharia Law, Liberal Political Concepts, Comparative Analysis, Islamic Civilization, Overlapping Consensus, Constitutionalism, Religious Freedom, Minority Rights, Secularism, Muslim Minorities in Europe, European Union Law, Political Integration.
- Quote paper
- Ghazanfar Ahmad Adnan (Author), 2018, Religious Rights of Minorities in EU Law. Sharia Law Compatibility with European Human Rights Concepts, Munich, GRIN Verlag, https://www.grin.com/document/464725
