Abstract:
The notion of human rights represents a set of abstract values whose concretlzatlon is considered. essential for ensuring a life of dignity. The process through which the abstract rights are given a concrete expression is far from being simple or straight forward. At issue is the impact of the historical and moral specificities of a particular culture on the way through which human rights are perceived and interpreted. This article considers the possibility of developing a tradition of human rights rooted in an Islamic worldview, and explores the impact of Islamic beliefs and values on the interpretation and implementation of human rights
Machine summary:
I argue that the failure of modern critics to discern a human rights tradition in Islam results from a static and ahistoric outlook that divorces the shan' ah rules developed by classical scholars from the socio political structure of early Muslim society.
I. therefore, conclude by showing that the application of Islamic sources through a paradigm that incorporates the principles of human dignity and moral reciprocity into a modern society - characterized by cultural plurality and g1obalizing technology - is bound to evolve a human rights tradition capable of ensuring equal protections of the moral autonomy of both individuals and groups.
In his Toward an Islamic Reformation, AnNa' im discusses specific examples of violation of religious freedom by shari 'ah rules, and cites instances of discrimination against women and non-Muslims in the historical legal system.
Given the western roots of international human rights, and the absence of any theoretical foundation or practical ground for their universal claims, I propose that more fundamental criteria should be used to develop a human rights tradition, rooted in Islamic values and ethos, and capable of protecting the rights and promoting the interests of citizens, regardless of religious, gender, racial, or national distinctions.
The Imperative of Rational Mediation of Islamic Sources Shari'ah law was historically developed by Muslim jurists by applying human reasoning to revealed texts with the aim of developing a normative system capable of regulating individual actions and social interactions.