Human Rights in Islam and international law: Areas of convergence and tension (an analytical study focusing on freedom of religion, women’s rights, and minority protections)

Abstract

Through the study of the doctrinal analysis and comparison approach, the research will evaluate the two main origins of the Islamic law one is the classical jurisprudence, the other reformist interpretation of the law, and the third the international human rights documents. The results show that there are important areas of intersection which are concreteness of human dignity, equality before the law, protection of life as well as property and social justice. Some interpretations are however strained on apostasy, gender role, inheritance, testifying and the involvement of religious minorities in politics. It must concern the historical jurisprudential interpretations, the socio-political conditions, and the reality of the different philosophical foundation of rights, which are the divine command and secular universalism. One can engage in meaningful harmonization without disrupting the fundamental religious values by means of placing them in context (ijtihad), maqasid based methods (objectives of law), and the culturally sensitive legal reforms. The policy recommendations, which are presented as the last section of the paper, serve to allow dialogue, change of law and educational activities to infuse more human rights in Muslim dominated societies and to bridge the conceptual gap.