This study highlights various totalitarian and undemocratic practices in which Bangladesh’s current Awami League-led coalition regime engages. It shows that since its inception in early 2009, the regime has tried to mobilize and manipulate public support from within through—among other means—creating the discourse of “war crimes” and to obtain international support through the discourse of “Islamism” and terrorism. Although “a secular plan” to combat and replace “Islamism” may soothe the nerves of many in the international community, its deployment in Bangladesh (...) has paradoxically produced a dangerous culture of disappearances and extrajudicial killings, infringements on freedom of speech and the stifling of dissenting voices, and the interception of opposition programs and the torture of opposition leaders and activists. The regime has also made a mockery of the law and the country’s judicial system. Many commentators believe that the country’s law courts are now simply an extension of the regime’s political clout. In these circumstances, political repression continues unabated, and victims of persecution are left with inadequate legal recourse. In the name of combating “Islamic terrorism,” Bangladesh’s ruling regime has resorted to a reign of terror that is in many respects tantamount to what we know as fascism. (shrink)

Animals have encountered cruelty and suffering throughout the ages. It is something perpetrated up till this day, particularly, in factory farms, animal laboratories, and even in the name of sports or amusement. However, since the second half of the twentieth century, there has been growing concerns for animal welfare and the protection of animal rights within the discourse of environmentalism, developed mainly in the West. Nevertheless, a recently developed Islamic Ecological Paradigm rooted in the classical Islamic traditions contests the (...) ‘Western’ monopoly of modern environmentalism, sug­gesting that there is much in Islamic traditions dealing with environmental issues in­cluding non-human animal species. IEP asserts that several centuries ago Islamic traditions significantly focused on and strongly advocated for animal welfare and animal rights. This paper explores and examines animal rights within the broader spectrum of Islamic environmentalism or Islamic eco-ethic. While the philosophical roots of IEP concerning animal rights date far back in seventh century, it can potentially make both ethical and educational contributions to the twenty-first century environmentalism and animal rights movements. (shrink)

The purpose of this paper is to investigate the nature of rhetoric and rhetorical strategies that are implicit in the standalone sustainability reporting of the top 24 companies of the Fortune 500 Global. We adopt Bormann’s :396–407, 1972) SCT framework to study the rhetorical situation and how corporate sustainability reporting messages can be communicated to the audience. The SCT concepts in the sustainability reporting’s communication are subject to different types of legitimacy strategies that are used by corporations as a validity (...) and legitimacy claim in the reports. A content analysis has been conducted and structural coding schemes have been developed based on the literature. The schemes are applied to the SCT model which recognizes the symbolic convergent processes of fantasy among communicators in a Society. The study reveals that most of the sample companies communicate fantasy type and rhetorical vision in their corporate sustainability reporting. However, the disclosure or messages are different across locations and other taxonomies of the SCT framework. This study contributes to the current CSR literature about how symbolic or fantasy understandings can be interpreted by the users. It also discusses the persuasion styles that are adopted by the companies for communication purposes. This study is the theoretical extension of the SCT. Researchers may be interested in further investigating other online communication paths, such as human rights reports and director’s reports. (shrink)

In a world where increasingly more voices from different geographical areas talk speak about equality between people, religions are called to uphold and preach human dignity and rights of all people, without taking account of race, sex or religion. In the interreligious dialog, the meetings between representatives of Christianity and Islam have multiplied considerably and they deal with themes analyzing preaching and defending human rights at all levels of life. From the preceding discussion it is clear (...) that the human rights issue is quite sensitive, especially after the latest political, economic and social events that have shaken the world in which we live. After the period of time that the proclamation and recognition of global human rights were made as contained in the various international documents, it was passed into a new phase where the followers of different religions should work together for human dignity and human rights. (shrink)

Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and (...) CRC. This article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law. (shrink)

The transference of knowledge which takes place in various Islamic educational systems, from basic to higher education, is mostly normative and happens doctrinally, giving little space for reinterpretation. Higher education, which is expected to bring about progress, often fails under these circumstances, with its strong tendency to preserve classical Islamic traditions without alteration. This problem is clearly discerned at the Faculty of Islamic Law within Islamic universities in Indonesia, which has a strong reputation for dealing with, as well as the (...) authority to deal with, social and theological issues in Indonesia. The existing Islamic law curriculum, which is based solely upon classical Islamic thought, precludes the emergence of transformative solutions to modern problems. The author takes the view that curriculum reform is imperative, and has produced this document whose aim is to promote and improve the teaching of human rights in the Islamic University in Indonesia. This project adapted the principles of Participatory Action-Reflection Research, which combines action, reflection, participation and research. Several bottlenecks inhibiting effective teaching of human rights were identified and the author has made recommendations on how they might be removed. This project is designed to be a pilot project in developing Human Rights Education in Islamic higher education in Indonesia. (shrink)

Human rights are a contested concept. One important strand of criticism concerns the charge of their Eurocentrism, formulated in particular by postcolonial theorists and scholars. Although postcolonial perspectives are now increasingly acknowledged, attempts to incorporate non-Western approaches into the discourse on human rights are still rare. This article considers whether Islamic human rights concepts can address the postcolonial critiques and decenter human rights discourse and politics from the West. Working within the methodological (...) framework of comparative political thought, the article regards Islamic approaches not simply as counter-discourses but analyzes their potential to supplement the dominant theory and practice of human rights and correct some of its inherent flaws. Informed by the critical analysis of Makau Mutua and Gayatri C. Spivak, the primary focus is on alternatives to the liberal individualist framework of human rights as evident in the concept of the autonomous individual subject of rights, and the balancing of individual rights with ethics and notions of responsibility in particular. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

The debate on Islam and human rights is roughly 50 years old. During this time a vast literature has been produced analyzing the relationship between the religion of Islam, Muslims societies and international human rights norms. What have we learned during this time that can further an understanding of this topic among students, scholars and members of the general public? What analytical framework is optimal? Is the crisis of human rights in Muslims societies a (...) function of internal conditions, external factors or are they to be located within the framework of Islamic doctrine, traditions, the shariah in particular? This article grapples with these questions by looking back over the past five decades. The objective of this essay is to advance an objective framework of analysis for understanding the debate on Islam and human rights. A historical and comparative approach is adopted. Key moments that have shaped the debate on Islam and human rights are recalled. Significant political developments that have shaped the contours of the debate are examined such as the legacy of colonialism, the rise of political Islam, the role of Western policy and the failure of the post-colonial state in the Arab-Islamic world. The contributions of influential scholars and activists who have advanced the struggle for human rights in Muslims societies are also recognized in this article. (shrink)

Verse 4:34 of the Qur'an has historically been interpreted to give husbands authority over their wives. Even today, such as in a recent case in the United Arab Emirates, Islamic courts have held that the husband has some leeway in "disciplining" wives who act in a rebellious manner to their husbands. This article challenges this interpretation through a comprehensive legal analysis, taking into account the context under which the verse came about, including the societal norms and conditions of the time; (...) the Prophet Muhammad’s profound views against violence towards women; the values of marriage emphasized in the Qur’an; the Qur’an’s incremental approach to improving social behavior and practice; and the higher objectives of Islamic law. (shrink)

Human rights in Islam is a complex issue on which influential Muslims have expressed diverse perspectives. This article identifies the different views held by several scholars, and examines the way in which those views are reflected or contested in contemporary Islamic discourses and particularly the discourses of Saudi scholars. It also argues that different opinions are not necessarily based on a specific Islamic sect but on the perception of international norms and on the readings and interpretation of Islamic (...) texts as well. (shrink)

The Islam and human rights nexus is too often viewed as being static. In reality, the relationship is complex and mutable. In an era of unsettling changes to the status quo, perceptions of the Islam and human rights nexus have also proven to be sensitive to shifting political dynamics. In these circumstances, the position that Islam and human rights are inherently in conflict, which assumes two settled entities in a stable relationship, is becoming hard (...) to sustain – as is the position that human rights are ineluctably tied to Western civilization. Many Muslims are arguing that Islam and human rights are harmonious, and human rights contain principles that address some of Muslims' most pressing concerns. However, there are also factors – such as certain U.S. policies - that could work in the opposite direction, energizing Islamist hostility to human rights and confirming Muslims' suspicions that human rights are part of a nefarious Western plot. We must recognize that the Islam and human rights relationship is regularly readjusting in response to a changing environment, so that the issues addressed over the next decades will not likely be the same ones that Muslim societies and Islamic thinkers have been wrestling with to date. (shrink)

Their treatment of such human rights political participation, freedom of conscience, and religious toleration demonstrate, Oh says, that Islam should have a ...

This article argues that while Islam may not be the sole factor for ensuring the realization of human rights in Muslim States, it is certainly a significant factor that can be constructively employed as a vehicle for improving the poor human rights situation in predominantly Muslim States that recognise Islam as State religion or apply Islamic law or Islamic principles as part of State law. It addresses the question of how best to realize that in light (...) of the two essential approaches (the `socio-cultural approach' and the `politico-legal approach') for promoting and protecting human rights generally, and the two divergent perspectives (the `adversarial perspective' and the `harmonistic perspective') to the discourse on Islam and human rights. The article then advances the view that the harmonistic perspective would be most helpful for employing Islam as a vehicle for the realization of human rights in the Muslim world within the context of the socio-cultural and politico-legal approaches for promoting and protecting human rights generally. Relevant academic and policy oriented examples, especially in relation to promoting women's rights in the Muslim world, are cited to substantiate this position. (shrink)

This paper argues that within the Islamic mystical tradition of Sufism lies an important perspective for approaching human rights. Sufism, while usually perceived as only dealing with spiritual matters, actually expresses a distinct message of service to mankind, and thus should be examined within the discussion of Islam and human rights. Along with Sufism's emphasis on service, the Sufi message of unity with God, and specifically the message of recognizing the existence of God in all creatures (...) resonate soundly within the human rights discourse. With these points in mind, Sufi philosophy heightens the importance of human rights, while also allowing for self-construction regarding issues of human rights, and should be considered as another approach within the Islamic framework that is highly compatible with international human rights. (shrink)

The aim of this study is to investigate the necessity of revising the Ethics Code of the Psychology and Counseling Organization of the Islamic Republic of Iran with respect to people’s rights and dignity and to avoid unfair discriminations toward sexual orientation and gender identity. It is said that confused diagnoses; wrong decision making; unethical practice; and the subsequent harm caused to lesbian, gay, bisexual, and transgender clients result from the lack of a clear code and relevant guidelines. In (...) addition, certain conditions in Iran lead professional psychologists and researchers to avoid researching sexual minorities and gender identity, which negatively impacts the Ethics Code of the PCOIRI. Iranian and Western researchers have identified four primary sources to which psychologists and counselors can refer when faced with ethical dilemmas: developmental psychology, professional ethics codes, philosophy of psychology literature, and available researches and compilations on professional ethics. Finally it is suggested that, when dealing with homosexual clients and the related ethical dilemmas, Iranian psychologists and counselors need clear and specific guidelines and a professional ethics code developed from more appropriate reference points than legal and religious sources. (shrink)

Since the mid-nineteenth century, women in Europe, North America and elsewhere have played an increasing role in the workforce. Women started pursuing jobs in factories, offices and businesses instead of being dependent on men for their livelihood. However, along with this significant improvement in the status of women, they still face obstacles, such as the gender pay gab and harassment in the workplace. Although both males and females experience harassment, the available literature clearly suggests that females are more likely to (...) be harassed. Much of the research concerning workplace harassment against women has been conducted in the West while little is known about this phenomenon in workplaces across the Arab and Muslim countries. In fact, gender relations and the nature of workplaces in Arab countries vary significantly from the Western workplace due to religious, social and cultural traditions. Muslim women live in the midst of patriarchal cultures where women’s honour is believed to be sacred. The ideology of women’s seclusion and subordination resulted in the restriction of their ability to participate in the labour force even where females are in urgent need of earned income. In this regard, harassment considers a crucial subject on various international agendas. The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) for instance, reinforces the implementation of legislation that protects women against gender discrimination. Islam in a similar manner respects women and acknowledges their major role within a society. Therefore, as women living in Muslim communities where issues related to sexuality are sensitive, and people are reluctant to discuss such questions in public, this paper aims to discuss women seclusion, the situation of Muslim women with regard to harassment in the workplace, how international human rights deals with harassment as well as the relation between the Islamic jurisprudence and the international human rights with regard harassment in the workplace. (shrink)

Both Confucian and Islamic traditions stand in fraught and internally contested relationships with democracy and human rights. It can easily appear that the two traditions are in analogous positions with respect to the values associated with modernity, but a central contention of this essay is that Islam and Confucianism are not analogous in this way. Positions taken by advocates of the traditions are often similar, but the reasoning used to justify these positions differs in crucial ways. Whether one (...) approaches these questions from an intra-traditional, cross-traditional, or multi-traditional perspective, the essay shows that there is great value in getting clear on the ways in which one’s textual “canon” may constrain one. In the end, we will see that while there are creative Islamic approaches to taking human rights seriously, the looser constraints under which Confucians operate today may make things easier for Confucian advocates of human rights and democracy. (shrink)

Dialogue with three major Muslim authors shows that Islam can take a positive stance toward human rights while also presenting differing interpretations of the meaning and scope of rights. Because of their subordination of norms reached through reason to those drawn from faith, as well as negative experiences of the impact of Western colonization of parts of the Muslim world, Abul A'la Maududi and Sayyid Qutb place significant restrictions on rights of conscience. 'Abdolkarim Soroush's positive support (...) for the role of reason in Islamic faith and his less-negative assessment of the West lead him to more vigorous support for the human rights agenda. This study raises the question of whether the humility needed in comparative ethics and the respect for others at the root of human rights are necessarily linked. (shrink)

Dialogue with three major Muslim authors shows that Islam can take a positive stance toward human rights while also presenting differing interpretations of the meaning and scope of rights. Because of their subordination of norms reached through reason to those drawn from faith, as well as negative experiences of the impact of Western colonization of parts of the Muslim world, Abul A‘la Maududi and Sayyid Qutb place significant restrictions on rights of conscience. 'Abdolkarim Soroush's positive support (...) for the role of reason in Islamic faith and his less-negative assessment of the West lead him to more vigorous support for the human rights agenda. This study raises the question of whether the humility needed in comparative ethics and the respect for others at the root of human rights are necessarily linked. (shrink)

The application of the death penalty for perpetrators of riddah by fuqaha is a problematic violation of human rights. This is because there is no good reason to show that the punishment for riddah is the death penalty. The existence of the hadith which is considered to be the legitimacy of riddah punishment turns out to be very different from the reality of its application in the history of Islamic criminal law. This article aims to answer academic anxiety (...) about the death penalty for perpetrators of riddah as a result of the ijtihad of fuqaha as well as to confirm the construction of its historical reality in state life. This article finds that some verses of the Qur’an and the hadith which are used as legal basis by fuqaha are only understood textually and treated as absolute theological verses and hadiths, but not based on historical evidence. The history of the application of criminal punishment during the time of the Prophet shows that there is no application of the death penalty to the perpetrators of riddah, except riddah which is followed by criminal acts. So it is not solely because of the act of riddah itself, but because of a greater crime against Islam. The implementation of the death penalty for the perpetrators of riddah which is based on textual interpretation of the hadith, thus has the potential to conflict with the principles of human rights and religious freedom which have been regulated in the Qur’an. Contribution: This study enriches perspectives on the meaning of riddah as one of the strategic issues in Islam and shows that a new interpretation of riddah has become an important idea to promote a peaceful and inclusive society and provide access to justice for all. (shrink)

In classical literature on Islamic human rights, the concepts of dignity and honour are used interchangeably. Distinguishing modern and pre-modern conceptions of human life’s value, dignity represents a value everyone possesses simply in virtue of being human, regardless of social hierarchy or religious preference. Honour, on the contrary, demonstrates a status which someone achieves because of a religious or societal preference. I will explain this difference further, relying on the works of Peter Berger and Charles Taylor. (...) Afterwards, I argue that a large group of Muslim scholars who have tried to articulate a coherent Islamic version of human rights have neglected this crucial difference. I will focus my discussion on two scholars, Abdulaziz Sachedina and Mohammad Hashim Kamali, as examples of scholars who have neglected the difference. My conclusion is that anybody who intends to confront this topic must be clear about the difference between dignity and honour; otherwise, any argument for the compatibility or incompatibility in question is doomed to failure. (shrink)

The Islamic Republic of Iran is unsecular and follows religious interpretations from Shia Islam in deciding the laws of the land. In recent decades, the strengthening of civil society in the country has shaped various political debates on human rights among secular intellectuals and reflected in the discourse of some religious figures as well. While the regime has officially adopted the Cairo Declaration on Human Rights in Islam (CDHRI) since 1990, different views on the Islamic (...) class='Hi'>human rights and its social implications still exist among the conservative and reformist Shia clergy within the country. This paper examines the view of an influential conservative pro-regime clergy, Ayatollah Mesbah Yazdi, who has been concerned about the Western interpretation of human rights and engaged in its theorization based on his interpretation of Shia Islam. He has criticized the theoretical and philosophical foundations of the Universal Declaration of Human Rights (UDHR) and its each single item and has also proposed his own version of the Islamic Declaration of Human Rights and Obligations. While Islamic fundamentalists have no concrete theoretical support for their negative view of the Western conceptions regarding human rights, Mesbah Yazdi’s approach is based on a reading of Shia theology and Sadraean ontology. He engages in a dialogue with the Western ideologies and rejects UDHR after philosophical and theological reasoning. His stance can be viewed as a reflection of the unsecular political Shia Islam as the main characteristic of the conservative faction within the Islamic Republic of Iran which results in serious policy and social implications on the rights of the people living in the country. (shrink)

Religious freedoms of minorities in Muslim-majority countries such as Pakistan are compromised due to structural issues as well as social and historical concerns. For instance, the abuse of the blasphemy law has led to minority communities facing threats and violence. And in a country where religious scholars are often absent from, if not against, discourses about human rights, the religious rights of minorities remain a secular and hence culturally unsound discourse. There is thus a need for two (...) parallel movements. One, an awareness within Muslim communities about the need to engage with religious freedoms, and hence the modern human rights regime, as an essentially Islamic process requiring reform from within. And two, the human rights structure also giving religion its due since religious freedoms are part of, and engender, many other rights as well. In this article, a case is made for this dual process, by exploring the work of scholars of Islam such as Abdullahi An-Na’im and Khaled Abou El Fadl as well as the insecurities of religious scholars in Pakistan who have reacted to human rights as a western agenda. (shrink)

The argument that sectarian conflicts in the Arab Middle East have been persistent since time immemorial is erroneous. While these views may seem compelling with the rise of ISIL, they are in fact very dangerous: they downgrade Islamic societies to primordial, selective and static features. I will argue for a different set of propositions. First, violence is not unique to Islamic societies. Extreme illiberal ideologies prevailed in Christian Europe both during the Thirty Years War and during the fascist interwar period. (...) Second, Islamist belligerence was partly a response to the ill-effects of globalization, just as European fascist movements were exacerbated by the advance of industrial capitalism in Europe. Third, post-Second World War human rights efforts may inform new paths beyond the tragedies that continue to plague the Middle East. (shrink)

A dialogical approach to understanding Islamic ethics rejects objectivist methods in favor of a conversational model in which participants accept each other as rational moral agents. Hans-Georg Gadamer asserts the importance of agreement upon a subject matter through conversation as a means to gaining insight into other persons and cultures, and Jürgen Habermas stresses the importance of fairness in dialogue. Using human rights as a subject matter for engaging in dialogue with Islamic scholars, Muslim perspectives on issues such (...) as democracy, toleration, and freedom of conscience emerge. A capabilities approach to human rights, such as that developed by Martha Nussbaum, enables the coexistence of multiple religious ethical visions while insisting upon the need to protect and nurture essential human abilities. (shrink)

Recent developments in the Arab world reopen one of the most fertile debate topics in international relations theory: the universal nature of the concept “fundamental human rights” and their content. The perspectives are different, being influenced by an ideological background, especially theological, apparently contradictory, affecting the positions of major international actors, stimulating the revival of controversies on major differences between Western world and the developing societies. Through a balanced analysis, specific to critical postmodernism, of the way each civilization (...) (according to Samuel Huntington) relates to the human being and to its place within its own legal architecture, one can notice that, beyond any differences, joint elements can be identified for further integration into a common fundamental text conferring the consensual universality indispensable to such an important principle. (shrink)

Al-Shāfi’ī has been unreservedly credited as one of the designers, if not the “master architect,” of uṣūl al-fiqh. His most important scholarly work, Al-Risālah, clearly demonstrates his cognitive creativity in this field. One of the methodologies for the decision of cases under Islamic law that Al-Shāfi’ī championed is qiyās, which he equated with ijtihād. His balanced approach invites further enquiry into the extensive use of qiyās in general and in criminal law in particular. The extent to which qiyās can be (...) applied to Islamic criminal law depends upon the degree or typology of qiyās being used, taking into account the Islamic theory of criminology. This article will analyse the position of al-Shāfi’ī in this regard. It will critically examine al-Shāfi’ī’s complex views on the use of qiyās as a method for establishing culpability under Islamic criminal law. It will then explore how his position corresponds to the human rights paradigm in the contemporary age. This article concludes that, while the use of qiyās in criminal law, especially in law of retaliation and predetermined punishments in accordance with al-Shāfi’ī’s approach is tantamount to incriminating a person based on less than certainty, it also represents the most promising way of protecting the right of victim. (shrink)

The common method of the traditional Islamic Jurisprudence in seminaries has been challenged by Ayatollah Yousef Saanei, one of the ten prominent Iranian Grand Ayatollahs. Saanei is well known for attempting to institutionalize a new method of Ijtihad, known as searching Ijtihad, which seeks to reconsider the common mode of understanding religious texts and jurisprudential inferences. His experiences of observing the systematic ineffectiveness and discrimination in popular jurisprudence regarding women’s rights, family, and religious minorities persuaded him to take scientific (...) action in revising the common jurisprudential method. In the present paper, the necessity of revising the common jurisprudential approach in seminaries from Saanei’s point of view is firstly studied. Afterwards, the foundations, principles, and methods of modern Saanei’s Ijtihad will be investigated to determine the structure and foundations of his jurisprudential method and evaluate its impact on resolving the contradictions between traditional perceptions of religion and human rights. (shrink)

In the recent decades, many Muslim intellectuals have devoted their intellectual efforts to reconstructing the jurisprudence through a new interpretation of Islam in order to solve the problem of human rights. While they have mostly tried to find a solution based on Ijtihad in derivation of Shari’a, Mahmoud Mohammad Taha and Mohsen Kadivar have asked for structural Ijtihad, presenting reversed and rational abrogation theories. In the current article, the researcher aims to focus on three main questions: Why do (...) they believe that traditional jurisprudence and Ijtihad in derivatives are not able to solve the conflict between Islam and human rights? What are the most important governing principles in the corrective theory of each thinker, and how can their proposed theories lead to the reconciliation of Islam and human rights? And finally, what are the most fundamental principles and common features that lie in the theory of the two thinkers? (shrink)

This chapter presents the text of a lecture on the anthropology in the territory of rights given at the British Academy's 2009 Radcliffe-Brown Lecture in Social Anthropology. This text discusses the transnational initiatives for Muslim women's rights and the everyday lives of some village women in Egypt and argues that anthropologists can provide critical insight into the limits and politics of global discourses on rights. It suggests that anthropologists should intervene into the worlds of power that authorise, (...) shape, and naturalise rights work and the understandings of human social life to which it gives rise. (shrink)

This paper seeks to examine the constitutional and legal implications of Islam in Malaysia with a focus on fundamental liberties and particular reference to freedom of religion; conversion of non-Muslim minors to Islam; Hudud law, `Islamic dress,' offenses against precepts of Islam; and, women, Heads of State and Islam. These areas are chosen as a result of cases in civil courts contesting fundamental liberties, and debate in the public domain. The problems which have surfaced revolve around the following concerns: subjecting (...) non-Muslims to Islamic law or principles; subjecting Muslims and non-Muslims to an Islamic fiqh principle contrary to humanistic principles; the problems of a dual legal system with attempts to demarcate jurisdiction but at the cost of fundamental liberties; and, the relevance of the ``Islamic state" vs. ``secular state" issue in rights adjudication. The courts appear to be in a conundrum when dealing with these cases, and this suggests a conflict in the application of Islamic and civil laws. These issues are not new; they have persisted for a long time. Recently court decisions have aroused a public perception that the problem is one of Islam versus the non-Muslim. This tends to be perceived in ethnic terms as well, specifically as a contest between the Malays, who are mostly Muslims, and other races. The author calls for increased secularization in Malaysia as a way to resolve these issues. (shrink)

ExcerptIn his insightful book Human Rights as Politics and Idolatry, Michael Ignatieff observes that “[t]he challenge of Islam has been there from the beginning.”1 Ignatieff is not alone among Western observers. And in this context, I would like to begin by stating up front that I am neither an opponent of human rights per se nor among those tradition-bound Muslims—though that I am–who abstain from either endorsing the construct or rejecting it outright, presumably as an exercise (...) of sorts in “passive resistance.” Similarly, I do not believe, as another scholar characterizes the position of revealed religion, that “human rights are a secular usurpation of the rights of God.”2 In fact, as I will show, for well over half a millennium, Muslims have theorized on what could only be considered a concept of human rights, while simultaneously recognizing the “rights of God.” Nor do I believe, contrary to popular perception, that the purportedly “secular” roots of human rights necessarily place them outside the reach of Islam, unless, of course, one assumes, as I do not, that the dominant understanding of “secular” in the West is the only meaning the term can legitimately carry. These are among the reasons why, for me, the idea of summarily rejecting human rights seems so unnecessary if not misguided. (shrink)