ERMA MA - THESIS Universalism of Human Rights in Islam PDF

EUROPEAN REGIONAL MASTER’S DEGREE IN DEMOCRACY
AND HUMAN RIGHTS IN SOUTH EAST EUROPE
University of Sarajevo – University of Bologna
IS UNIVERSALISM TRULY UNIVERSAL?

AN ISLAMIC PERSPECTIVE ON UNIVERSAL DECLARATION OF
HUMAN RIGHTS
MASTER THESIS SUBMITTED IN PARTIAL FULFILLMENT OF

THE EUROPEAN REGIONAL MASTER’S DEGREE IN DEMOCRACY
AND HUMAN RIGHTS IN SOUTHEAST EUROPE
BY
DAMIR FARUK SARAČEVIĆ
SUPERVISOR: PROFESSOR VICTOR BOJKOV
SARAJEVO, BOSNIA AND HERZEGOVINA
OCTOBER 2012
97 PAGES
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O mankind! We created you from a single pair of a male and a female, and made you
into nations and tribes, that ye may know each other, not that ye may despise (each
other).
The Holy Qur’an
No Arab has any superiority over a non-Arab, nor does a non-Arab have any superiority
over an Arab. Nor does a white man have any superiority over a black man, or the black
man any superiority over the white man. Verily the most honored of you in the sight of
God is the most righteous of you.
Muhammed, Peace Be Upon Him
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List of Abbreviations
(pbuh) – peace be upon him, usually used in terms of respect when the name of
Prophet Muhammed is mentioned
Sunnah – tradition of Prophet Muhammad (pbuh) including his specific words,

habits, practices, and silent approvals
Hadith - saying or an act or tacit approval or disapproval ascribed either validly

or invalidly to the Prophet Muhammed (pbuh)
Ulema – Islamic scholars
Ummah - community or commonwealth
Zakat - giving of a fixed portion of one's wealth to charity, generally to the poor
Shari’ah - the moral code and religious Law of Islam
Haram – action, which is forbidden to use or engage in, according to Islamic

law
Halal - action, which is permissible to use or engage in, according to Islamic

law
Millet – in the Ottoman Empire this was a system of religious, legal and judicial
autonomy for non-Muslim groups
Sadaqa - Islamic term that means ‘voluntary charity’
Hijab - veil, which covers the hair and neck
Usul al fiqh - the study of the origins, sources, and principles upon which Is-
lamic jurisprudence (or Fiqh) is based
Fiqh – Islamic jurisprudence
Khadi – Islamic judge
Surah - a division or a chapter of the Qur'an
Aya – verse in the Qur’an
Adl – justice
Ihsan – a legal approach in which human being is most valuable
Ijma - consensus or agreement
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Qijas – the process of deductive analogy in which the teachings of the Ha-
dith are compared and contrasted with those of the Qur'an, in order to apply a
known injunction to a new circumstance and create a new injunction
Haqq – rights, but sometimes refers to duties as well
Mahr – dowry
Hajj – Pilgrimage to the Holy city of Mekkah, one of the five pillars of Islam
Imam – prayer leader in a mosque
Salah – daily prayer (five times a day) that is an obligation to every Muslim
Fatwa – (non-binding) ruling of Islamic scholars
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Table of Contents
TABLE OF CONTENTS..............................................................................................................6
INTRODUCTION.........................................................................................................................7
1. HUMAN RIGHTS: BOTH UNIVERSAL AND RELATIVE.........................................13
1.1. UNIVERSAL VS. RELATIVE............................................................................................14
1.2. SOCIAL CONTRACT AND UMMAH...............................................................................24
1.3. MEANING(S) OF ‘RIGHT’................................................................................................27
1.4. HUMAN RIGHTS DECLARATIONS...............................................................................30
2. THE CHALLENGE OF ISLAM...........................................................................................36
2.1. UNDERSTANDING ISLAM...............................................................................................36
2.2. IS ISLAM DEMOCRATIC?...............................................................................................40
2.3. SOURCES OF HUMAN RIGHTS PROTECTION IN ISLAM......................................46
2.4. MEDINA’S CHARTER - FIRST HUMAN RIGHTS DOCUMENT?............................48
3. HUMAN RIGHTS IN ISLAM...............................................................................................51
3.1. HUMAN RIGHTS FROM QURANIC PERSPECTIVE.................................................51
3.2. (MIS)INTERPRETATIONS OF QUR’AN........................................................................66
3.3. WOMEN IN ISLAM............................................................................................................75
3.4. ISLAMIC STATE – PERFECTION OR NIGHTMARE?...............................................84
Conclusion.....................................................................................................................................90
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Introduction
Since the very beginning of its adoption, the Universal Declaration of
Human Rights (UDHR) stirred many debates. Ms. Eleanor Roosevelt probably
has not even imagined that the initial draft on which she chaired among 18 other
members from various cultural, political and religious backgrounds would be
continuously “re-discussed” even 60 years later. That being said, this thesis
examines that very notion of universality of the Universal Declaration of Human
Rights, the validity of the argument of relativism (vs. universality) and the
Islamic approach to human rights today, and the Declaration itself.
The question is still relevant: Is the declaration truly universal then? I
have collected different opinions in regards to this matter, by reviewing and
consulting relevant literature and authors. I needed the answer to this question
before I could proceed to the main part of this thesis which is: A deeper and
detailed overview of UDHR from one specific point of view - the Islamic one, in
the lights of current events and debates in the Middle East, the entire Islamic
world, and in the West as well.
Certain authors claim that Islam and democracy are not compatible, and
that they cannot go along. This approach was defended by Daniel Lerner in his
book ‘Modernization of Middle East (1958)’ where he argued that ‘Islam cannot
defend itself against modernization and democratization.’ 1 Samuel Huntington
earned his fame by writing about ‘inevitable’ Clash of Civilizations in the near
future. Even, while I am writing this, the streets of Cairo, Kabul, and Islamabad
1
Davor Marko. Zar na Zapadu Postoji Neki Drugi Bog? Sarajevo: Medina Plan Institut, 2009.
p.58
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are full of raged people protesting against the movie ‘Innocence of Muslims’,
and against the entire West as well. Just a few days ago, I finished reading the
article in which three prominent scholars from the Balkans (Islamic, Catholic
and Orthodox Christian) tried to give the answer, inspired by the recent violent
events in the Islamic world, if it is really true that Islam and democracy,
including human rights, cannot go hand by hand.
Well, is it so? Are Islam and democratic principles really incompatible,
as many media and some scholars today would argue? My hypothesis is that,
despite many stereotypes and different opinions in the world today, Islam and
human rights are not incompatible. As a matter of fact, human rights are the core
value of the Islamic teaching based on the Holy Qur’an and the practice
(sunnah) of the Prophet peace be upon him (pbuh). Examining the Islamic
jurisprudence coming mostly from the Quranic perspective will prove this claim.
What it can be seen is that not only that (modern) human rights are not alien to
Islam, but that the Islamic teaching based on the Holy Qur’an provides even a
broader spectrum of human rights protection, including the one that is very
problematic in today’s world - Social and Economic rights. Therefore, my claim
that Islam and human rights are not incompatible will be tested through several
research questions.
The first research question is: What (If any) legal documents in Islam
support human rights? And the answer will be given in the chapter two by
examining the first human rights document in the human history - the Medina’s
Charter. Furthermore, in the chapter three, I will make a deeper and more
detailed analysis of the Qur’an and its verses in order to determine whether
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Islam supports the notion of human rights as we see them today, or not.
The second research question is: How Islamic jurisprudence (and
relevant documents that I determined through the first question above) relates to
human rights and especially to the Universal Declaration of Human Rights?
The analysis will be also done in the Chapter three in which the comparison of
the Declaration of Human Rights and its chapters and the Holy Qur’an and the
sunnah will be conducted.
The last research question is: Can Islamic jurisprudence and perspective
toward human rights, possible be used/valued in the modern world? In order to
answer these questions and to prove my claim that human rights and Islam are
compatible, despite many issues and misunderstandings today, I have divided
my thesis in three chapters, plus the final conclusion.
The first chapter establishes the linkage between the relativism and
universalism, through theoretical framework and debates that were held among
prominent scholars in regards to this matter. Furthermore, four important human
rights declarations will be examined in this chapter - the Universal Declaration
of Human Rights (UDHR), the Islamic Declaration of Human Rights (IDHR),
the Cairo Declaration on Human Rights (CDHR) and the Vienna Declaration
and Programme of Action (VDHR).
The second chapter provides a historical basis for embarking this
comparative study between the Universal Declaration and Islamic teaching. It
gives an explanation of the basis of Islamic jurisprudence, including an
historical overview, with the Medina’s Charter, being important as the first
human rights document. It also points out similarities and possible difference
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between legalistic approaches of compared documents.
The third chapter discuses in details the Universal Declaration of Human
Rights, meaning the declaration’s provisions and chapters in comparison with
the Holy Qur’an and the sunnah. At the end, I will try to give an explanation for
the huge discrepancy between Islamic teachings in theory and the practice that
we can witness in most of the today’s Islamic world. The very last part of this
thesis provides an answer to a very important question - could a state based on
Islamic law (Shari’ah) be accepted as a valid legal system that guarantees
human rights in today’s modern world and cosmopolitan circumstances?
The methodology of this thesis is a comparative study in which
articles/verses of the Universal Declaration of Human Rights and the Holy
Qur’an are being examined. The sources used are the Universal Human Rights
Declaration, Islamic Human Rights Declaration, Cairo Declaration on Human
Rights, Vienna Declaration, Medina’s Charter, the Holy Qur’an and the
practice/sunnah of the Prophet Mohammed (pbuh), as well as many other
relevant books, articles and publications.
At the end of this introduction, let me just briefly say why this work is
relevant today. It is simply enough to read the cover page of many newspapers
today, to turn on the TV, and to see raged Muslims protesting against the
problematic movie or caricature of the Prophet Mohammed (pbuh). On the other
side of the world, the French minister says that he cannot prevent the publication
of the caricatures, as that would be an attack on the freedom of expression and
publication in France.2 However, at the same day, only a few hours later, in that
2
Manuel Valls, the French interior Minister
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same country the French police stormed into another newspaper’s headquarter in
order to prevent the publication of pictures of duchesses of UK.
This inconsistency, or someone would say double standards, were just a
tip of the iceberg in the recent history full of poor understating between “The
West” and Islamic world; from one side accusation of being undemocratic or
oppressive, human rights unfriendly, or perhaps double-standard, colonialist, or
disrespectful, as might be seen from the other side. Any attempt (including this
thesis) to clarify and to possibly clear off some of stereotypes and
misunderstandings built up in the recent period between the western nations and
those of the Islamic world, ought to be welcomed and relevant. That being said,
attempt of a research in which more balanced and fact-based statements will be
provided (regarding to these current issues and debates), including this small and
modest work of mine, could be relevant in today’s circumstances.
Besides these ‘tangible’ reasons, there is also an academic proof that this
topic is very relevant. The amount of work that has been done by many
(contemporary) excellent scholars such are An-Na’im, Donnelly, Ignatieff,
O’Sullivan, Seta, Saleh, Shenker, Habermass, Salida, Huntington and many
others, shows that the topic of Islamic compatibility with democratic processes
is very actual and important, perhaps today in 21 st century more than ever; and
the debate continues as we speak. But the most important reason is my private
one. Being a Muslim myself, I was placed in a rather difficult and doubtful
situation in which I had to rethink the validity of my beliefs, as I have listened to
many theories and claims that Islam is rather not-human rights friendly. On the
other hand, I have been living Islam (or at least trying to) and I am surrounded
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by it, so these claims do not seem logical to me. At the same time, watching TV,
or listening to my colleagues debating over the human rights related issues
during my Masters in Human Rights and Democracy, made me think that there
might be another true to it.
Thus, I have decided to make a detailed research on human rights
through Islamic perspective, to make an overview of historical evidences of
(in)compatibility of Islam itself and human rights, and to actually compare one
of the most important documents in this field – the Universal Declaration of
Human Rights (as it is the stone mark of human attempts in protections of rights
for all) and the main basis for the Islamic jurisprudence - the Holy Qur’an, and
to actually see what are, if any, differences in approaches to human rights issues.
1. Human Rights: Both Universal and Relative
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‘Right is right, even if everyone is against it, and wrong is wrong, even if everyone is
for it.’
- William Penn
Throughout the first chapter, I will explore two major competing schools
of thought, universalism and cultural relativism, in relation to international
human rights. Reviewing the theoretical framework in which these two
approaches play a major role is very important for the further research in this
thesis about correlations between Islam and human rights. As we know, the
Universal Declaration of Human rights (thereinafter UDHR) was adopted after
WW2 as a joint effort to prevent possible future tremendous crimes and
violations of human rights; similar to those that have occurred in the greatest
world conflict. Even though the majority of UN member accepted it, the
Declaration of Human Rights was an object of many complaints and critiques
almost immediately after it was adopted, but especially in the last 20-30 years.
Many have argued that this document is nothing but a tool of the western
hegemony and continued colonialism.
The critiques were especially strong in Asia and the Islamic world.
Recently, many local communities, tribes and indigenous groups raised their
voices too, seeking that their cultural rights are being embraced as well. 3 On the
other hand, there are numerous scholars who firmly support the notion that no
relativism can be taken into the consideration when we speak about human
rights-they are universal and inalienable, they would say.
As O’Sullivan writes that the main debate was opened in 1979 with the
3
Panikkar, Raimundo. Is the Notion of Human Rights a Western Concept?, Breakthrough, 2005.
p. 30
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stunning research of Adamantia Pollis and Peter Schwab in their ‘Human
Rights: A Western Construct with Limited Applicability’. The book has become
more influential, and debate even more actual in 1990s, which was not a
surprise, having in mind all the changes in the world that have occurred after the
fall of communism. The Huntington’s ‘Clash of Civilizations’ just added to the
heat of the debate in the 1990s, which continued even in 21 st century,
unfortunately ‘thanks’ to the terrible September 11, and afterwards events. On
the other hand, “The debate has become boring”, as O‘Sullivan stated not a
while ago, as no new arguments have been proposed recently. 4 However, the
question still stands: Is Universalism truly Universal? Throughout the following
chapter the main points of the mentioned debate will be outlined.
1.1 Universal vs. Relative
Despite the relative youth of the Universal Declaration of Human Rights,
it would be wrong to assume that the discussion about human rights dated only
from the 20th century. In the western world the notion of ‘rights’ was very actual
even in some pretty dark times such as Middle Ages in Europe. “Natural rights”
were very important and known subject even four or five hundred years ago.
Some people had more rights than the other and that some parts of populations
were deprived their basic rights on life, home, and sheer existence, all due to
their religious or political ‘differences’.
4
Donnelly, Jack. Human Rights: Both Universal and Relative. Human Rights Quarterly
Volume 30, Number 1, pp. 194-204, February 2008. p. 212
14
Thus, the notion of rights was actually represented through the lack of
them. This inequality, besides the class differentiations, was the main trigger for
the American and French revolutions that have occurred a few hundred years
later - the revolutions that we could easily call the revolutions for (more) human
rights. These fights have continued further in the 19 th and especially in the 20th
century with women’s and African-American movements. The process of
gaining rights at all levels has achieved its culmination (at least on paper) after
the WW2 and horrendous crimes that were committed under the Nazi regime.
This is actually the moment where a real desire for the universality of human
rights came into the existence.
But then, the question is why this notion of universality has not appeared
earlier? We cannot say, as we could see from examples above, that the entire
human history prior the 19th century was ‘human rights battle free’. The world
has witnessed states or societies where human rights were more or less
respected. The Greek democracies have provided certain rights to certain
citizens of their poleis. The early Muslim state liberated women and established
the equality among the man of different race or class. The US independence
movement that was rooted in the notion of ‘We the people’ was revolutionary at
the time with its new republican system created ‘for all’. Yet, it is also true that
this revolutionary system, nevertheless, was focused only on a white man (often
with property only) but also at the same time, it encompassed people of different
faiths and nations. So, that was definitely a good ground for universality.
Thus, we can acknowledge that there were moments in history when
battles were fought in the name of ‘universality’, but the world was still too big
15
and too divided, to be able to speak about any major progress in this direction of
universality. Yes, these were very important steps with universal ideas, but still
far away from universality of its implementation in reality.
That being said, we can see that only after the WW2 the world leaders
started considering the universality of human rights in the sense that there
should be rights for all people, regardless of their race, sex, color, status, or any
other differentiations. Today, with ease and full conviction we might say that
human rights (at least in theory) are inalienable to all humans.
According to Morsnik, with the adoption of the Universal Declaration of
Human Rights, countries all over the world discussed and negotiated values that
would become the basis for human rights. 5 Germany during WW2 showed how
dangerous it could be to let one country to determine its own values, as an
individual culture could become a hell without an overriding check. This
cultural relativism, meaning that one country/culture can determine its own
values, regardless of human dignity and life, can have horrendous results. 6
But, this is the moment when we encountered problems of universality
and relativity. What are the human rights? Based on which values or believes?
Who is the one to decide what is right and what is wrong? Before, it was
relatively easy. Prior the globalization, every culture was more or less a closed
space with its own (usually religiously based) values. The Greeks had their own
views of human rights, extremely high in comparison to other civilizations of
that time, while the Muslims 1500 years ago achieved an amazing progress in
5
Ruhaini Dzuhayatin, Siti. Mainstreaming Human Rights in the Curriculum of the Faculty of
Islamic Law Muslim World Journal of Human Rights. Volume 2, Issue 1, September 2005. p.
118
6
Mainstreaming Human Rights, p. 118
16
providing human rights to much wider scope of people, as will be shown in the
chapter three through examining the provisions that were contained in the
Medina’s Charter, that was strictly based on Islamic values.
Even revolutions that claimed to be liberating and universal for all
mankind (American and French revolutions) were in its core, ‘Christian-culture
based’ movements. It was only after the WW2, that the leaders wanted to
establish the universal understanding of human rights that would be applicable
to all humans in every corner of the earth. The Declaration was indeed created in
1948, and it was named the Universal Declaration of Human Rights, but the
discussion of its very universality continues until nowadays.
Some authors, as An-Na’im for example, support universality over
cultural relativism. An-Na’im argues that the key issue is: ‘The need to ground
and implement human rights within diverse global cultural traditions, to attain
cultural legitimacy for standards of human rights, within a balanced approach to
the challenge posed to human rights universalism by cultural relativism.’7
On the other, many scholars believe that relativism is not an obstacle for
the respect of human rights, and that the uniqueness of every culture should be
taken seriously into the consideration. Unlike An-Na’im, Elisabeth Moor argues
against the strictly universalistic approach by saying that: ‘I am not claiming
that, Confucianism, or traditional African ideas cannot support internationally
recognized human rights. Quite the contrary, I argue that in practice today they
increasingly do support human rights.’ 8 As a matter of fact the universal human

7
Na’im, Abdallah Aḥmad an. Toward an Islamic reformation: civil liberties, human rights, and
international law. 1. ed. Syracuse, NY: Syracuse Univ. Press, 1990. p. 14
8
More, Elizabeth. The Universal declaration of human rights in today's world. The Journal of
international communication, Vol. 11, No. 2, p.27-45. Publisher Macquarie University.2005,
17
rights are not necessarily ‘unwelcome’ in the local cultures, as it might be
perceived today. Quite the contrary, as Joseph Chan explains in his famous book
‘A Confucianism Approach to Human Rights’:
Asians values-like Western values, African values and most other

sets of values-can be, and have been understood interpreted to
support human right, as they regularly are today in Japan, Taiwan,
and South Korea, or Islamic in Malaysia. And political developments
in growing number of Asian countries suggest that ordinary people
and even government are increasingly viewing human rights as a
contemporary political expression of their deepest ethical, cultural,
and political values and aspirations. 9
Before I continue any further, let’s review the very definition of these
terms that we are considering in this part of this thesis - universalism and
relativism. The definition of ‘universal’ in the Oxford English Dictionary (OED)
is: ‘Extending over, comprehending, or including the whole of something.’ 10 The
parallel OED definitions of ‘relative’ are: ‘Arising from, depending on,
determined by, in relation to something else or each other’, and ‘constituted or
existing, only by relation to something else: not absolute or independent.’ 11
Jack Donelly gave another example by writing: ‘Universal health care,
universal primary education and universal suffrage, as these terms are ordinarily
used, involve making health care, primary education, and voting rights available
to all citizens, nationals, or residents of a state.‘ 12 As the same author claims:
‘Human rights are culturally relative to the extent that they arise from, are
determine by, or in some other sense, depend on culture since current western
p.47
9
Dzuhayatin, Siti Ruhaini. Mainstreaming Human Rights in the Curriculum of the Faculty of Is-
lamic Law. New Delhi: Global Media Publications, 2006
10
Oxford English Dictionary, http://oxforddictionaries.com/ (accessed 12 September 2012)
11
Oxford English Dictionary, http://oxforddictionaries.com/ (accessed 12 September 2012)
12
Donnelly, Jack. Human Rights: Both Universal and Relative. Human Rights Quarterly
Volume 30, Number 1, pp. 194-204, February 2008. p. 106
18
human rights philosophy, politics and law center is based on the individual as
the ground stones of society, while other non-western societies appreciate the
group or community above individuals.’13
So, where is the solution then? Can these two terms reconciliate in a
universal compromise acceptable to everybody? I would concur with the
argument put by Orentlicher (echoing Ignatieff) that: ‘The universal claims of
human rights instruments are and must remain ‘self-consciously minimalist’.
Their aim should be to protect human agency – ‘not to legislate moral, political,
or cultural conformity.’14 As she writes in addition, the solution appears to be
continuing efforts at appropriate cross-cultural communication and education,
and a heavy emphasis on consistent involvement of grass-roots communities.15
The Ignatieff’s view is even more direct: ‘Human rights cannot go truly global
unless it goes deeply local. Only when this happens can the idea of human rights
achieve its radically transformative aims’16.
Under the 1948 declaration, everyone is entitled to a social and
international order in which the ‘rights and freedoms’ listed in the document can
be fully realized. 17 Ignatieff further claims: ‘A funding principle of human rights
embraces the notion that human rights belong to everyone wherever he or she
resides - thus, human rights are universal.’18 This sounds pretty logic, but there is
another side of the coin, as universalism is also not without criticism. While
13
Human Rights: Both Universal and Relative, p. 119
14
Ayton-Shenker, Diana.” The Challenge of Human Rights and Cultural Diversity”.United Na-
tions Department of Public Information DPI/1627/HR--March, p.143
15
Mainstreaming Human Rights in the Curriculum of the Faculty of Islamic Law. p.198
16
Human Rights: Both Universal and Relative, p. 190
17
Universal Declaration of Human Rights (10 Dec. 1948), U.N.G.A. Res. 217 A (III) (1948).
Articles 28-30.
18
Reichert ,Elisabeth. Human Rights: An Examination of Universalism and Cultural Relativism.
Journal of Comparative Social Welfare Vol. 22, No. 1, pp. 23–36.April 2006. p. 28
19
trying to obtain rights for all we should be careful at the same moment, not to
deprive us of some other rights. Also, a very important moment is that one group
of countries (societies) should not dictate conditions to another group when
these conditions would inhibit the growth or prosperity of other group.
On the other hand, critics argue that ‘universalism perpetuates colonialist
practices, complaining that one group assumes superiority over the other and
bases values, ethics, power on that assumption’19 But, Michael Ignatieff also
acknowledges and explores this point of view when writing:
Criticism focuses on the ‘imperialistic’ nature of human rights; Human rights

doctrine is now so powerful, but also so unthinkingly imperialist in its claim to
universality that it has exposed itself to serious intellectual attack. These
challenges have risen important question about whether human rights norms
deserve the authority they have acquired: whether their claims to universality
are justified, or whether they are just another cunning exercise in Western moral
imperialism?20
In contrast to the universalism is the basic claim that individual cultures
have to be free to define its own values and ethics. Many Asian countries raised
objections by insisting on respecting of the right for cultural relativism. One of
the most articulate exponent of the East Asian critique is the Singaporean
diplomat Kishore Mahbubani who flatly stated: ‘Many Western societies,
including the United States, are doing some major things fundamentally
wrong’,21 and that among those errors are the West’s ‘fundamental assumptions
about its social and political arrangements’22
19
Dzuhayatin, Siti Ruhaini. Mainstreaming Human Rights in the Curriculum of the Faculty of
Islamic Law. New Delhi: Global Media Publications, 2006. p.40
20
Human Rights: An Examination of Universalism and Cultural Relativism. p. 30
21
Khan, Muhammad. Islam and human rights. Tilford: Islam International, 1988. p.23
22
Berkey, Jonathan. The Formation of Islam: Religion and Society in the Near East, 600–1800,
Cambridge University Press, 1998. p.76
20
Many times, non-Western states accused the UDHR for being a tool for
the Western, modern colonization. These states, and among them the most
prominent are China, Malaysia, Singapore, Saudi Arabia and often Japan and
South Korea (most of these states ate parliamentary democracies) were insisting
more and more on respecting of cultural relativism and the inclusion of Asian
values in the UDHR as well. These complaints resulted in another conference
held in Vienna in 1993, during which the representatives tried to find a solution
for the consociation between, so called universal values and every day stronger
agitations of the inclusion of cultural relativism as well.
‘In 1993 the Vienna World Conference asserted the universality of
human rights over and above cultural, religious and historical considerations,
and undermined many growing anti-western criticism’ 23 However, it was at this
event that a new debate emerged led by Third World countries, ‘objecting on
cultural grounds to the substance rather than the notion of human rights in the
UDHR and its concomitant Covenants.’24 The Vienna conference did not
establish new UDHR based on cultural relativism, but, even though to firmly
supported the UDHR, opened the door for the first time to some cultural
relativists argument.
Prior to this event in Vienna, there was a conference held in Bangkok
that focused on cultural relativism as well. ‘This curious congregation of
Communists, modernizing Muslims and capitalist Confucianism has insisted
that the ‘universality’ of human rights is a western imposition on cultures with
23
Mainstreaming Human Rights in the Curriculum of the Faculty of Islamic Law. p. 88
24
The Formation of Islam: Religion and Society in the Near East, p.80
21
different moral standards and social traditions, and thus different understanding
of the relationship between individual liberties and public order.’ 25
A universal application of human rights without deference to cultural traits
diminishes the cultural identity - a human rights violation in itself ‘as per the
International Covenant of Economic, Social and Cultural rights which in its
preamble states: ‘Everyone may enjoy his economic, social and cultural rights,
as well as his civil and political rights” 26
Academic discussion of universalism vs. relativism today, often, focuses on
a Western tendency toward universalism and a non-Western tendency to
highlight cultural identity and diversity. However, cultural relativism also occurs
in Western countries like the USA or Canada for example. The reality is that no
country or culture readily accepts the imposition of a ‘universal’ human right
when that rights clashes with indigenous viewpoint, as Elisabet Reicher points
out.27 Therefore, the situation sharpens a long-standing dilemma: ‘How can
universal human rights exist in a culturally diverse world’?28
As the international community becomes increasingly integrated and world
smaller and smaller, how can cultural diversity be respected? Is a global culture
inevitable then? Are we all bound to same lives, standards and moral values and
beliefs, regardless of our religion, race, and nationality or whether we are a
white European or a dark Asian? If so, is the world ready for it? Or should I ask,
would that be the only option then? These are only some of the issues, concerns
25
Malik, Iftikhar Haider. Islam and modernity: Muslims in Europe and the United States.
London: Pluto Press, 2004.
26
International Covenant on Economic, Social and Cultural Rights (New York, 16 Dec. 1966)
993 U.N.T.S. 3, entered into force 3 Jan. 1976.
27
Human Rights: An Examination of Universalism and Cultural Relativism, p.202
28
The Formation of Islam: Religion and Society in the Near East, p.55
22
and questions underlying the debate over universal human rights and cultural
relativism.
Before I continue with my thesis and review the Islamic perspective of
Human Rights in light of this current debate of universalism vs. relativism, I will
conclude this sub-chapter with the opinion that, according to my research and
despite some desires of universalists today, a full universalisms, meaning that it
covers almost every aspect of our lives, is not feasible; especially, not the one
that encompasses mostly only Western standards of beliefs to which the rest of
the world might have severe objections.
Thus, relativism must be a valid option for all other values that are outside
of those core values of human rights on which different cultures, religions and
societies agreed upon. At the same time, while we accept relativism, I would
agree with An-Na’im when he argues that it cannot be handed a blanc check to
it, as relativism taken to its extreme, could pose a dangerous threat to the
effectiveness of international law and possible violation of those vital and basic
human rights that cannot be negotiated in any culture and under and
circumstances. 29
I would add that Islam today does support human rights for the simple
reason that the majority of the ideas expressed in the UDHR is directly
supported by the ideas expressed in the Holy Book of Islam- The Qur’an itself.
Therefore, instead of negating cultural differences, or as I prefer to say, cultural
richness, we need to focus on promoting common roots of human rights in
different cultures, and building human rights systems and institutions in those
29
Toward an Islamic reformation: civil liberties, human rights, and international law. p.34
23
countries and areas in which they are weak. Whether and to which extension that
is viable from the Islamic perspective, I will discuss in the following chapters.
1.2 Social Contract and Ummah
The issue of human rights, in regards to their universality, has been
intensively debated among the Muslim communities and Islamic states
worldwide since the Universal Declaration of Human Rights was accepted in
1948. The problems and misunderstandings usually emerge in respect to the
notion of the individual rights, which are reflected in the document, and the
concept of the communal identity of the Muslim (Ummah).
It is commonly believed within Islamic scholars that the Universal
Human rights will destroy the identity and integrity of Muslim communities, if
accepted as such.30 In fact, the tension is sustained by the stagnancy of the
Islamic thought as the result of educational system that only transfers the
knowledge and allows little space for rethinking and negotiations of those
provisions that are relative in time and space.31 Muslims today must actively
participate in the creation of knowledge with the same passion for truth and
progress as they were doing it thousand years ago, and not only passively accept
the sole transfer of knowledge.
Many scholars, among them many Muslims as well, including one of the
most famous Tariq Ramadan, believes that the Islamic educational system today
30
Oh, Irene. The rights of God: Islam, human rights, and comparative ethics. Washington, D.C.:
Georgetown University Press, 2007. p. 42
31
Mainstreaming Human Rights in the Curriculum of the Faculty of Islamic Law, p.87
24
has only been transferring and not transforming the Islamic thoughts. 32 As the
result, the Islamic thought is not able to compete and to accommodate the
contemporary issues such as human rights and pluralism. However, beside this
educational problem, there is undeniable uniqueness of non-western societies
which put a main emphasize on the community, rather than on an individual, and
that must be seriously taken into the consideration in any discussion about
universality.
Thomas Hobbes famously said that in a ‘state of nature’ human life
would be ‘solitary, poor, nasty, brutish, and short.’ 33 In the absence of political
order and law, everyone would have unlimited natural freedoms, including the
‘right to all things’ and thus the freedom to plunder, rape, and murder; there
would be an endless ‘war of all against all’ (bellum omnium contra omnes).34 To
avoid this, free men contract with each and negotiate its freedoms in the process
in which he gains some rights while submit the other ones.
Thus, from the very beginning of human history, and that is very visible
through a simple historical review of the nature and philosophies of previous
societies, every community valued common interests prior the individual ones.
The strong notion of individualism is a rather new notion, born out of the
‘capitalist market driven’ societies in which personal property is a main wheel of
the entire capitalist engine. Nevertheless, this notion of individualism as such is
indisputably valuable as a free choice of these given societies, but it is also
32
Twining, William L.. Human rights, southern voices: Francis Deng, Abdullahi An-Na'im,
Yash Ghai and Upendra Baxi. Cambridge, UK: Cambridge University Press, 2009.
33
Human rights, southern voices: Francis Deng, Abdullahi An-Na'im, Yash Ghai and Upendra
Baxi, p. 108
34
Human rights, southern voices: Francis Deng, Abdullahi An-Na'im, Yash Ghai and Upendra
Baxi, p.108
25
undisputable limited to only certain communities and states – mostly those of
western hemisphere.35
Therefore, it is very hard for these individualist philosophies to claim
universality over others, without being accused, and often completely justifiable,
for supremacy and colonization. The notion of belonging, rights and obligations
to the community, and the importance of the wellbeing of the community over
the individual wellbeing, are notions that are deeply rooted in most of the
world’s societies. Taking this true out of the equation can be considered pretty
naive at least, if not deliberately done. Any attempt to achieve universality
without taking into the consideration the fact of the community importance, is
doomed to a failure.
The best proof for this claim is that even the Universal Declaration of
Human Rights (strongly supported by most of the UN members at that time, and
morally justified by the events of WW2) could not survive more than 40 years
before it was questioned. The sustainability of these universal principles in the
Declaration was questioned by emerge of some other declarations, such as the
Islamic one(s) or the Vienna declaration that even though modestly, re-
considered the importance of cultural relativism when comes to human rights.
The relation between a community and an individual in Islam was well
explained by Tariq Ghauri:
Islam tends to formulate such a society of human beings in which they enjoy
the reciprocal grounds of relationship among themselves. It urges upon its
followers to fulfill the responsibilities they are accountable from rather than
demanding satisfaction of their rights from others. This is how a reciprocal
relationship of discharging duties comes into existence. Responsibility of a
person is the right of his fellow and vice versa. All dimensions of the Islamic
concept of human rights forcefully endorse the unconditional acceptance of
35
Ibid, p. 109
26
36
dignity of the man, which is the fundamental right of any child of ‘Adam’.
1.3 Meaning(s) of ‘Right’
Further on, this subchapter will examine the conceptual analysis of the
term ‘rights’ in international and Islamic human rights in an attempt to explore
wide understanding of this term and the very concept of rights, their possible
similarities and differences. The purpose of initiating this exploration is to
critically review existing formulations of rights in these instruments as it has
important implications when applied to human rights laws of both traditions. A
great author Nik Salida Suhaila wrote an excellent book ‘Conceptual Analysus
of “Rights” in The International and Islamic Human Rights Instruments’, and on
the work of this author I heavy relied while writing this subchapter.
Salida contends that the core of international and Islamic human rights
‘shares for most of the parts, the meaning of rights and believes that exploring
the background of the term rights helps understanding how human rights in the
international laws and Islamic jurisprudence differ in their concept, doubting
that they do at all.’37 The author furthermore argues that Western-based and
Islamic-based human rights have common ideas and definition about the term
‘rights’. In the Western discourse, ‘rights talk’ emerged in the medieval period
with the notion of natural rights a by-product of the idea of natural laws. 38
While discussing rights, it is important to note the linguistic complexity

36
?
Tariq Ghauri ,Muhammad.Scope of Human Rights in Islam: An Analytical Study of Islamic
Concept of Human Rights. The Dialogue, Volume V Number 4.pp.314-328 2006
37
Suhaila, Salida Nik Saleh,, Nik.”A Conceptual Analysis of ‘Rights’ In the International and
Islamic Human Rights Instruments” American International Journal of Contemporary Re-
search. Vol. 2 No. 4; April 2012. p. 29
27
when it comes to this term. Rights in many languages, including English and
Arabic, which is the most important for us at the moment, denotes the meaning
of ‘free from error’ or ‘immediately’. Within the Islamic tradition, the term haqq
has always existed and translated into the English term ’rights”. 39 Uthman and
Al-Sharanbasi explained the meaning of haqq as ‘bearers of rights’. A good
example of rights in Islam we have in marriage contract where ‘Islam regards
marriage as civil contract, imposing mutual duty and obligation of both parties’,
40
while stressing the rights of both parties, especially women. For example, a
woman has a right on mahr (dowry) that belongs to women only, as it is her
private property paid by husband in the amount requested by a bride, prior the
marriage. A husband cannot negotiate the amount of mahr – a bride has a right
to set a value according to her needs/desires.
A bride has also right to keep her last name without adding the one of
her husband, as one way of protecting her identity and independency.
Furthermore, according to Islamic law, which is based on the Quranic guidance
and order, a man can have up to 4 wives. But, what is often being ignored today
is the right of the first wife. The husband must obtain the approval of the first
wife if he wishes to marry the second one. It is the Islamic right of the first wife
to approve it or to refuse this request.
There is another example of ‘claimed rights’, which is zakat. This is an
obligatory charity/taxation of every Muslim whose income exceeds minimum
needs, set by the Holy Qur’an. Zakat is one of the five pillars of Islam and it is
38
Conceptual Analysis of ‘Rights’ In the International and Islamic Human Rights Instruments,
p. 30
39
Ibid
40
Khan, Muhammad. Islam and human rights. Tilford: Islam International, 1988. p. 39
28
classified as ‘the right of the poor’. Thus, since this is the right of the second
party, an eligible Muslim cannot ‘refuse’ to pay zakat, as that money (2.5% of
an annual exceed financial value in the household) is the right of a less wealthy
or a poor citizen. The violation of this right is heavily punished in this world and
in the after world as can be seen from the following verses:
You shall give the due alms to the relatives, the needy, the poor, and the
traveling alien. [17:26-29] Eat from their fruits, and give the due alms on the
day of harvest [6:141] They ask you about giving: say, "The charity you give
shall go to the parents, the relatives, the orphans, the poor, and the traveling
alien. Any good you do, God is fully aware thereof. [2:215] Charities and zakat
shall go to the poor, the needy, and the workers who collect them… Such is
God's commandment. God is Omniscient, Most Wise. 41
However, it is important to note that these rights, as we have seen in the
Quranic verses above, come from God directly. The source of right here is
therefore, different if compared with the secular jurisprudence. In Islam He is
the only one who gives these rights to certain population, often disfranchised in
the reality (women, poor, orphans, disabled, elderly…) More about these rights
will be said further in the third chapter.
In the end, it is important to say that ‘rights’ exists in both Islamic and
international jurisdictions and its correlative concept with ‘duties’ has been
shared.42 ‘Not only has that, the Western-based and Islamic-based human rights
instruments also had common ideas and definition about the term ‘rights’. This
harmonization could form an international acceptance of legal implementation.’

43
As stressed by Brems ‘Islam can be pro human rights, but only to the extent
41
Karic, Enes. Kur’an, Sarajevo: Islamska Zajednica Bosne i Hercegovine, 1993. (9:60)
42
A Conceptual Analysis of ‘Rights’ In the International and Islamic Human Rights Instru-
ments, p.78
43
Ibid, p. 79
29
that human rights are pro Islam.’ 44 However, it is true that there are still minor
differences. ‘The divergence is due to the silence of certain issues in Islamic
tradition, yet is enormously debated in Western jurisprudence or otherwise.’45
That being said, that is exactly what I will do in the third chapter within
which human rights declarations, both universal and Islamic ones, will be
reviewed and compared. I can conclude this subchapter with the statement, that
even though faced with certain differences: ‘The international and Islamic based
human rights jurisprudence have embodied similar meanings of rights and duties
to protect and promote values and ideals that reaffirm the basic rights of human
beings.’ 46
1.4 Human Rights Declarations
As I have shown previously, the idea of the human rights as universal
started spreading after WW2 and it was emerged into the initial Human Rights
Declaration drafter by Eleanor Roosevelt and her team, and later accepted by the
world’s main leaders of that time. Here, I will present the Universal Declaration
of Human Rights (UDHR)47 along with its Islamic counterparts (UIDHR 48 and
CDHRI49) and the Vienna Declaration.50
44
Brems, Eva. Human Rights: universality and diversity. The Hague: Kluwer Law International,
2001. P. 60
45
ments, p. 80
46
Ibid
47
decl
48
Ibid
49
Ibid
50
Ibid
30
The Universal Declaration of Human Rights (UDHR) is a declaration
adopted by the United Nations General Assembly on 10th of December 1948 in
Paris. The Declaration arose directly from the experience of the Second World
War and represents the first global expression of rights to which all human
beings are inherently entitled and it was aimed to advance the goal of increasing
peace and security in the international regime
It consists of 30 articles, which have been elaborated, in subsequent
international treaties, regional human rights instruments, national constitutions
and laws. The International Bill of Human Rights consists of the Universal
Declaration of Human Rights, the International Covenant on Economic, Social
and Cultural Rights, and the International Covenant on Civil and Political Rights
and its two Optional Protocols. In 1966 the General Assembly adopted the two
detailed Covenants, which complete the International Bill of Human Rights; and
in 1976, after the Covenants had been ratified by a sufficient number of
individual nations, the Bill took on the force of international law.51 A number of
Articles in the UDHR express vital human needs, which leave the exact margins
of interpretation and its enforcement to the single states” 52
Most Islamic countries have signed the Universal Declaration of Human
Rights, but at the same time some of them had objections and complaints. In
1948, Saudi Arabia didn't sign the declaration53, arguing that it violates Islamic
law. In 1982, the Iranian representative to the UN, said that the UDHR was ‘a
secular understanding of the Judeo-Christian tradition, which could not be

51
UN WEB site: Universal Declaration of Human Rights, UN General Assembly, available at:
www.un.org/en/documents/udhr
52
(Douzinas, 2000).
53
Bailey, Peter: The Creation of the Universal Declaration of Human Rights, available at:
http://www.universalrights.net/main/creation.htm, accessed on April 17, 2012
31
implemented by Muslims without trespassing the Islamic law. ’54 In regards to
the Universal Declaration and the Islamic Declaration, Salida writes:
If the UDHR has covered the rights of contemporary human beings, the
Universal Islamic Declaration of Human Rights (UIDHR) was presented as a
response to the perceived exclusion of Muslims from the domain of human
rights as propounded in the West and to argue that there is indeed a human
rights tradition in Islam. 55
The UIDHR, adopted on 19 September 1981 by the Islamic Council in Paris,
like UDHR focused on the idea of freedom. However, unlike UDHR it insisted
that freedom was a fundamental right given by God and no one could take it
away from a human being.56 ‘The UIDHR was written by representatives from
various Muslim states such as Saudi Arabia, Egypt and Pakistan under the
auspices of the London based Islamic Council, a private organization affiliated
with the Muslim World League’57 It stated that all 23 Articles of this Declaration
are based on verses of the Qur’an or on selections from official compilations of
hadith. 58
On 30 June 2000, Muslim nations that are members of the Organization
of the Islamic Conference officially resolved to support the Cairo Declaration on
Human Rights in Islam (CDHRI) 59, an alternative document that says people
have ‘freedom and right to a dignified life in accordance with the Islamic
Shari’ah’, without any discrimination on grounds of ‘race, color, language, sex,
54
Twining, William L.. Human rights, southern voices: Francis Deng, Abdullahi An-Na'im,
Yash Ghai and Upendra Baxi. Cambridge, UK: Cambridge University Press, 2009.
55
ments, p. 90
56
Human Rights, southern voices p. 14
57
Oh, Irene. The rights of God: Islam, human rights, and comparative ethics. Washington, D.C.:
Georgetown University Press, 2007. p. 115
58
Ibid
59
Organization of Islamic Cooperation, The Cairo Declaration on Human Rights in Islam, avail-
able at: http://www.oic-oci.org/english/article/human.htm, accessed on September 17, 2012
32
religious belief, political affiliation, social status or other considerations.’ 60
However, it is important to note that this Cairo declaration was constructed by
the Islamic states, while the UIDHR was the work of Muslim non-governmental
organizations of which most of them had their headquarters in the western
countries. This explains a slightly different approach to the problematic issue of
human rights.
Regardless of these recent developments in which new human rights
declarations are being proclaimed in the Islamic world, it is undisputable fact
that many UN Islamic member states still ratified the international human rights
instruments even though ‘there is evidence that they were dissatisfied with the
61
‘Westernization’ of human rights instruments’. But, despite some differences,
I will argue in this thesis that the international and Islamic human rights
declarations reveal the same principles in justifying human rights. Thus, it is not
surprising that ‘almost all of Islamic nations are signatories to the UDHR and
both of the International Covenants which together make the International Bill
of rights 62 as they do share the very aspect of universality.
Interestingly, even though the UDHR was claimed as un-Islamic,
Western-based ‘there is no general theory or even one definition of human rights
according to the views of the Islamic world opposed to opinions of the West.’ 63
Earlier to that Tabandeh, like Salida has agreed that most of the UDHR’s
60
Organization of Islamic Cooperation, The Cairo Declaration on Human Rights in Islam,
available at: http://www.oic-oci.org/english/article/human.htm, accessed on September 17, 2012
61
ments, p. 112
62
Brems, Eva. Human Rights: universality and diversity. The Hague: Kluwer Law International,
2001.
6363
ments, p. 87
33
provisions are also inherent in Islam. 64
In the previous part I have shown that Islamic countries had some
objections to the universality of certain human rights stated in the UDHR, which
prompted them to proclaim two other human rights declarations based on
Islamic values and beliefs. I have reviewed some of the most important human
rights declarations, in order to compare them and to determine their possible
divergences and convergences. Many would argue that would be almost
impossible to compare UDHR with the Islamic one, due to their different
approaches and starting points. However, after reviewing the UDHR, IDHR,
CDHRI and the Vienna Conference Declaration, I have not found major
differences. They are obviously some, especially when comes to certain
individual rights and importance of community but in general they are all fully
dedicated to the maximum respect of human rights and they are all established
for that same purpose - regardless of their different sources. The only major
diverging moment is the equality of woman, and that part is significantly
different in their perspective approaches in the UDHR and the Islamic ones.
However, I will talk more about women’s right in Islam in a special subchapter
in the chapter three of this thesis. George Weigel also notes that some rights of
women might pose a major obstacle between the UDHR and Islamic law:
While it has been widely found in the literature that the jurisdictional
background and international and Islamic human right instruments are overlap
and complementary to each other, the distinguishing features which always in
conflict between the UDHR and the UIDHR and CDHRI are on the theory of
rights which is related to gender equality. Human rights scholars identified
gender discrimination based on Shariah rules as a direct contradiction of
Islamic human rights with international human rights. Therefore, the most
significant exploration to be proceeded in the rights talk is concerning rights
64
The Formation of Islam: Religion and Society in the Near East, p. 45
34
based on gender from the international and Islamic human rights analysis. 65
2. The Challenge of Islam
‘What I fear the most in my ummet (people), are the people who misinterpret Qur'an
and take the ayas (verses) out of context’
- Muhammed, Peace Be Upon Him
In the previous chapter we have discussed some different approaches
when comes to human rights, between the western-secular and Islamic religious
discourses. I said that some of those states with the Muslim majorities supported
the issuance of Islamic versions of the Universal Declaration of Human Rights,
as their claim was that any jurisprudence that ought to be acceptable to a Muslim
must be grounded in the Islamic law - Shari’ah. Before I continue let me make a
short but important overview of what exactly Islamic law is and where does it
65
Ibid
35
come from.
2.1 Understanding Islam
The Shari’ah law66, or known as Islamic law is the law based on the
Holy Qur’an and the Prophet Muhammad’s, peace be upon him (pbuh),
teachings and practices, again in accordance with the Qur’an itself. The Qur’an
along with the sunnah has regulated the entire life and society of Muslims. This
includes but does not limit to, private property laws, relationships between
spouses, relatives and all people in general, the relationship of Muslims with
non-Muslims, and vice versa and many other aspects. Therefore, following of
any other laws other than the Shari’ah law is unacceptable for a Muslim. 67
But, one might say, the Shari’ah was established 1,500 years ago, and it
was perhaps a great legal system back then, but today? We must question if the
Shari’ah might be in confrontation with modern understanding of human rights?
In order to answer this question it is important to know that other Shari’ah
sources are accepted: qiyas, 68 or the method of reasoning by analogy, and ijma,
69
or consensus of legal scholars. Why is this important? Because, if the Shari’ah
was solely relying on the Qur’an and more importantly, or the sunnah of the
Prophet (pbuh) that was practiced fifteen hundreds years ago, it would be hard to
believe that the same Shari’ah could encompass some modern issues knowing
66
Islamic Concepts and Definitions, available at: http://www.livingislam.org/icd_e.html, ac-
cessed on September 17, 2012
67
Ibid
68
Ibid
69
Ibid
36
that the Prophet (pbuh) could not leave us his guidance on these modern issues -
simply, they have not emerged as a problem during his time.
That is why the sources of Shari’ah are qiyas and ijma as well. Without
them and their capabilities to deal with many contemporary issues, the Shari’ah
would be deemed to death. Thus, qiyas and ijma are inseparable parts of the
Islamic law and their role is to engage human’s work and mind in solving
matters and issues that have not occurred directly either through the Qur’an or
the practice of the Prophet (pbuh).
For example, the Qur’an forbids wine and everything that fogs
conscious. Thus, through the analogy and agreement between scholars it was
concluded that any type of alcohol, beside wine, even though their perspective
names were not mentioned directly in the Qur’an, are harams (forbidden) since
it is a material that (like drugs too) fogs conscious. This way the Shari’ah
remained current even after this many years. But, the problem arises when
people, often unqualified scholars, decide to make their own decisions on what
is haram (forbidded) and halal (approved). Then, we might end up having a
rather nonsense situation like in Saudi Arabia today where woman is not allowed
to drive, due to the decision of the Saudi scholars, allegedly rooted in the sunnah
and analogy reasoning. Nevertheless, I will talk more about the misinterpretation
of Quranic verses in the chapter three. Another important characteristic of Islam
(and its jurisprudence) is that:
Islam tends to formulate such a society of human beings in which they enjoy
the reciprocal grounds of relationship among themselves. It urges upon its
followers to fulfill the responsibilities they are accountable for, rather than
demanding satisfaction of their rights from others. This is how a reciprocal
relationship of discharging duties comes into existence. Responsibility of a
37
person is the right of his other fellow and vice versa. 70
As it was already mentioned in the previous chapters, and as it is visible
from the citation above, the importance of public interest, which surpasses an
individual, is one of the major points (beside gender issue) of tensions between
Islam and the West. Since it is known that Shari’ah and that the Canonic law
(Christian law used in the Western Europe until 19 th century) shared mutual
respect in regards to their jurisprudence,71 I must ask then, when these mistrusts
started to occur? In the hierarchy of the sources mentioned above, the Qur’an
stands at the highest level, followed by the sunnah, and then the others. An
elaborate methodology was developed to deduce rulings from these sources and
create the body of Islamic law.
This science called usul al-fiqh or ‘principles of jurisprudence’ is the
central to Islamic law. Fiqh meaning ‘understanding/knowledge’ corresponds to
what Romans called ‘iurisprudentia.’72 It deals with the body of the law and
ways of concluding legal views from the principles and sources of law. 73 This is
the way in which Islamic law managed to be a complete set of jurisprudence
possible to deal with both, contemporary issues and the those historical ones, if
used in the proper way. Nonetheless, in today’s world, we must notice a huge
discrepancy between the Shari’ah and its capability to deal with modern issues,
while historically looking, in contrary to the modern period, there was much
more harmony between the Shari’ah and so called, Western law. Muslims did
70
Scope of Human Rights in Islam, p. 314
71
The Heart of Islam, 122
72
The Heart of Islam, p. 122
73
Ibid
38
not feel any appreciable tension between the Divine and human law. This
tension is modern phenomenon that begun in the 19th and 20th century with the
abrogation of the Shair’ah law in certain Muslim countries and the forces
implementation of various European legal codes. Needles to say, the substitution
of European laws for the Shari’ah created a tension between private religious
life and the public domain and drew the majority of the population further away
from their governments.74
Once the Islamic law was basically taken out of court, people cherished
it by the only possible way left, in order to preserve it - in the mosques and
religious institutions. This opened the space for, as above already mentioned,
misinterpretation where unqualified and self proclaimed, or even good willing
(but without Stately support poorly educated) scholars found themselves in
charge of ‘protecting and interpreting Islam’. This inevitable led to an often-
extremist way of interpretation of the Qur’an and the misusage of the ijma and
qiyas practices. Today, Shari’ah is faced with ‘unprecedented challenges both
from within the borders of the ‘Abode of Islam’ and from outside, but it remains
a living body of law that Muslims consider the concrete embodiment of God’s
Will for them to follow n the basis of their faith and free will.’ 75 I will finish this
subchapter with the saying of the Prophet (pbuh): ‘What I fear the most in my
ummet (people), are the people who misinterpret Qur'an and take the suras
(verses) out of context’.
2.2 Is Islam Democratic?
74
Ibid
75
39
There is one hypothesis that is being stated often in the world recently,
and it is especially prominent after the September 11, which is that Islam does
not support democratic processes. Furthermore, Islam due to its nature and
substance is not compatible with democratic processes. When we look at those
states that claim to be Islamic (the Islamic Republic of Iran, The Islamic
Kingdom of Saudi Arabia, the Islamic Republic of Libya, Islamic Republic of
Pakistan, Islamic Republic of Afghanistan etc…) and the condition of human
rights in these countries, the democratic indexes, or purely democratic
institutions (or lack f it), we might conclude that it is then Islam itself that is the
source for the existence of these oppressive regimes in these, so called, Islamic
states. But, prior accepting or rejecting this hypothesis, let’s make a review of
what Islam really is, and if it is (or perhaps it is not) compatible with democracy.
Due to the limitation with space in this thesis, I will consider only two
major aspects of democratic environments: Equal rights for all before the court
and freely elected government. What Qur’an says about equality we can see
from the following verse in the surah Al-Ahzab:
Verily, men who surrender unto God, and women who surrender, and men who
believe and woman who believe, and men who obey, and women who obey,
and men who speak truth, and women who speak truth, and men who give
alms, and women who gives alms, and men who fast and women who fast, and
men who guard their modesty, and women who guard their modesty.
The following verse from the surah Al-Ahqaf also emphasizes the equality:
‘And for all are ranks according to their deeds so that God may repay them for
their works (and in this) they shall not be dealt with unjustly.’ 76 Third surah Al-
76
Holy Qur’an 46:19
40
Imraan also mentions the equality - again, the equality of men and women. ‘I
will allow not the work of any worker from among you, whether male or female,
to be lost. You are from one another.’ 77 As we could see from the previous
verses and according to Islamic law based on the Qur’an, ‘the injunctions of the
Shari’ah of Islam apply to all Muslims, male or female, who have reached the
legal age. All people are equal before the law, whether they are kings or beggars,
women or men, black or white, rich or poor.’78 The Qur’an further educates in
surah Al-Hujurat: ‘O mankind! We created you from a single pair of a male and
a female, and made you into nations and tribes, that ye may know each other, not
that ye may despise (each other).’ The Prophet (pbuh) in his farewell speech in
Mekkah also proclaimed that ‘No Arab has any superiority over a non-Arab, nor
does a non-Arab have any superiority over an Arab. Nor does a white man have
any superiority over a black man, or the black man any superiority over the
white man. Verily the most honored of you in the sight of God is the most
righteous of you. 79
As it is stated in the book ‘In the hearth of Islam’, in a society that is
ruled by the Shari’ah other ‘religious minorities are absolved from following the
Islamic Shari’ah except in that which concerns public order.’ 80 According to the
Islamic law, minorities have a right to have their own law and therefore their
personal and communal affairs are to be left to them. This is how the community
system, in the history better known as the millet system, of the Ottoman Empire,
has functioned for many centuries, until the Empire’s collapse in the early 1900s.
77
Holy Qur’an 3:195
78
Ibid 12:55
79
Ibid 45:130
80
The heart of Islam, p. 124
41
‘In the millet system the central government, although Islamic, fully recognized
the social, economic, and especially religious rights of established minorities so
that were not in danger of the majority destroying the presence of identity of
minority groups.’ 81
The second point is political teaching. When comes to politics, on the
contrary of today’s popular belief, the Qur’an does not ‘teach’ totalitarianism.
Actually, the Qur’an does not outline a particular political structure. It rather
presents certain basic principles that must be followed prior taking responsible
duties, of which most important are devotion to justice, equality, knowledge and
the most importantly - consultation or shawra. Shawra is a direct God’s order as
stated in the verse: ‘…and consult with them concerning conduct in affairs.’82
The Qur’an also threatens an unjust leader with a severe punishment,
and promises a heaven to a devoted, hard working and righteous one. 83
Furthermore, God explains in His Holy book that ‘a good governance of a just,
non-Muslim is better than unjust of a Muslim leader.’ 84
The rule of the Prophet (pbuh) in Medina and the document called the
Constitution of Medina, or better known as the Medina’s charter, are also very
important - some scholars would say central to all later Islamic thoughts and
actions.85 I will talk more in details about this Document later on. As I have
already mentioned at the beginning of this chapter, there is a misconception
today that Islam is not, not has it ever been a ‘suitable’ for democracy. Is it really
81
The heart of Islam, p. 125
82
Holy Qur’an 3:159
83
Ibid 5:47
84
Ibid 7:112
85
42
so?
The concepts of liberalism and democratic participation, even though
these are rather modern terms, were already present in the medieval Islamic
state. Azizah al-Hibri, for example, argues that Medina (major city in the early
Islamic state) during Muhammed's (pbuh) time was an early example of a
democratic state but that the development of democracy in the Islamic world
eventually came to a halt following to the Sunni–Shia split, and later, western
colonization.86 ‘Some of the people who say that democracy has no place in
Islam, what they really express is a sense that the word 'democracy' as presented
in international discourse appears to be entirely owned by the West,’ he said.
This negative trend toward more closed and less democratic rules,
continued throughout the Middle Ages followed by the Muslim expulsion from
Spain and other military defeats. At the same time, another, at the time growing
Islamic entity, the Ottoman Empire, managed to establish some of those high
standards of just governance, witnessed in the early state of the Islamic state
during the Prophet’s (pbuh) time.
Nevertheless, the high standards of the Ottoman’s emperor Mehmed
Fatih II collapsed into the sea of corruption and nepotism of his descendants that
spread thought-out Istanbul of his time. The Ottoman Empire, however,
managed to maintain a very high level of minority and religion protection for
non-Muslims living in the empire.
Unfortunately, the freely elected rule was to remain only a dream at the
sultan’s throne in Constantinople. After this, historically rather ‘good’ times for
86
Evans, Tony. The politics of human rights a global perspective. London: Pluto Press, 2001. p.
76
43
human rights in the Islamic world, it got only worse. Islamic state, including the
Ottoman Empire, collapsed and were substituted with many weak and colonized,
nominally independent, states. For these states, a form of a representative
government, unless it was firmly controlled by a foreign power, was not an
option at the time. This, however, does not mean that Muslims were not craving
representative government and freely elected officials.
The word (representative government) itself has, for some, a connotation of

cultural imperialism. If you talk about representative government without the
baggage of these institutions in the U.S., but on more idealistic grounds, then it
makes perfectly good sense to a lot of Muslims. The idea of citizenry
participating in government is, particularly within Sunni Islam, sort of a
bedrock theory. 87
So, we can see that self-government does have roots in the Islamic world.
Safi argues that historic Muslim societies indeed, were more representative than
their modern counterparts because the central state was not as powerful. 88
Muslim society was a society where communities had some control of their
own affairs. There was more decentralization of power. The central government
was mainly focusing on issues of law and order or security. There was a lot of
liberty for individuals to negotiate many of the norms and rules within their
own communities.89
Furthermore the rights of minorities (Jews or Christians for example), were
guaranteed by the state itself.90 Having all this in mind, I can argue that
democracy, in a sense that represents freely elected representative government,
was and it is possible within the political framework of the Shari’ah law.
To support this opinion I will mention in this subchapter the last, but not
the least important example. The Prophet (pbuh) when was about to die did not
87
The politics of human rights a global perspective, p. 22
88
Heart of Islam, p.155
89
Human rights, southern voices, p. 234
90
The Heart of Islam, p. 125-126
44
appoint his relatives or his friends as his successor(s). He left that to be decided
by the shawra, consultation among the people of Medina. He did, though
instructed that the one who is to be a leader needs to be of the best qualities
among all. After the prophet’s death, his companion Abu Baqr was (today we
would easily use the term ‘democratically’) elected as the new leader of the
Islamic state. Abu Baqr, was, as his companions pointed out, the most pious and
righteous one among them.
Since the Shari’ah is based on following the practice of the Prophet
(pbuh) it is very sad to see all these totalitarian regimes that claim to be Islamic,
and at the same time prohibit the sunnah of the Prophet (pbuh) which is in this
case, right/need for democratic and merit based elections. The fact that many
Islamic states today do not follow this pattern has noting to do with Islam as
such - rather with corrupted governments who (mis)use religion in their own
benefit of keeping the power.
Safi, among many other scholars feels that ‘a historic mistrust of central
authority, bolstered by post-colonial experiences with oppressive central
governments, could urge Muslim societies to seek again long time craving, more
participatory governments.91
2.3 Sources of Human Rights Protection in Islam
We witness that since the time of the Declaration of Universal Human
Rights proclamation, the term ‘human rights’ has become a crucial part of both
political and popular discourse, particularly amongst Western, and Western-
91
Human rights, southern voices, p. 287
45
educated, persons. Until very recently most of this discourse has been in largely
secular terms. In fact, it is frequently assumed, as well as stated, by many
advocates of human rights, in both Western and non - Western (including many
Muslim) countries, that human rights can exist only within a secular context and
not within the framework of religion. 92
Thus, the opinion among many human rights’ scholars, that have been
discussed already, is that Islam supports values and structures, which are
incompatible with the assumptions, which underlie the Universal Declaration of
Human Rights. I have already clarified above that the Islamic tradition - like
other major religious traditions - does not consist of, or derive from, a single
source. Most Muslims if questioned about its sources are likely to refer to more
than one of the following: the Qur'an or the Book of Revelation; Sunnah or the
practical traditions of the Prophet Muhammad (pbuh); Hadith or the oral sayings
attributed to the Prophet Muhammad; Fiqh (Jurisprudence) or Madahib (Schools
of Law); and the Shari'ah – the overall code of law which regulates the diverse
aspects of a Muslim's life. While these ‘sources’ have contributed to what is
cumulatively referred to as ‘the Islamic tradition’, they are not identical or
considered to be of equal weight.
Of all the sources of the Islamic tradition, undoubtedly, the most
important is the Qur’an that is regarded by Muslims in general, as the primary,
and most authoritative, source of normative Islam. 93 To many Muslims the
Qur'an is the Magna Carta of human rights and a large part of its concern is to
free human beings from the bondage of traditionalism, authoritarianism
92
Islamic Concepts and Definitions, available at: http://www.livingislam.org/icd_e.html,
93
Ibid
46
(religious, political, economic, or any other), tribalism, racism, sexism, slavery
or anything else that prohibits or inhibits human beings from obtaining and
protecting their freedom given to them by God. 94 Thus, the Qur’an is the main
iuris source.
Namely, There are some 350 legal verses, or what Western law calls iuris
corpus, in the Qur’an. Some of them deal with specific legal issues and
penalties for illegal acts. Another group of verses deal with commercial and
economic issues. In addition many verses deal with the questions of justice,
equality, evidence in law, legal rights, and so forth. Together these verses
constitute only a smaller part of the Qur’an but they are essential as the roots of
Islamic law. 95
2.4 Medina’s Charter - First Human Rights Document?
The Qur’an however, was not to remain only ‘on the paper’ source for
the human rights protection in the Islamic world. After emigration to Medina in
the 7th century, the Prophet Muhammed (pbuh) drafted the Constitution of
Medina96, ‘establishing a kind of alliance or federation’97 among the eight
Medinian tribes and Muslim emigrants from Mecca, which specified the rights
and duties of all citizens and the relationship of the different communities in
Medina (including that of the Muslim community to other communities,
specifically the Jews and other ‘Peoples of the Book).
This declaration, for the first time in human history gave the same right
to all people, regardless of their religion, tribe/nationality or background.
94
Beck, Lois, and Nikki R. Keddie. Women in the Muslim world. Cambridge, Mass.: Harvard
University Press, 1978. p. 67
95
Heart of Islam, p.120
96
The Constitution of Medina, available at: http://www.constitutionofmadina.com/, accessed on
September 17, 2012
97
Ibid
47
The precise dating of the Constitution of Medina remains debated but generally
scholars agree it was written shortly after 622 a.d. It effectively established the
first Islamic state. The Constitution guaranteed:
The security of the community, religious freedoms, the role of Medina as a

sacred place (barring all violence and weapons), the security of women, stable
tribal relations within Medina, a tax system for supporting the community in
time of conflict, parameters for political alliances, a system for granting
protection of individuals, a judicial system for resolving disputes, and also
regulated the paying of blood money (the payment between families or tribes
for the slaying of an individual).98
Legal scholar Ali Khan says the Constitution of Medina was ‘a social contract
derived from a treaty and not from any fictional state of nature or from behind
the Rawlsian veil of ignorance.’99 The contract was built upon the concept of one
community of diverse tribes living under the sovereignty of one God.100 One of
the first ever ‘Constitutional Analysis’ of the Constitution of Medina was done
by Islamic Scholar Dr Muhammad Tahir-ul-Qadri. He analyzed the Constitution
of Medina and formed 63 articles in which he argues that it is the first written
constitution. 101
The Medina Charter also instituted peaceful methods of dispute
resolution among diverse groups (tribes) living as one people but without
assimilating into one religion, language, or culture. In his Encyclopedia of
Islam, Welch states: ‘The constitution reveals his Muhammad's great diplomatic
skills, for it allows the ideal that he cherished of an ummah (community) based
clearly on a religious outlook to sink temporarily into the background and is
98
Nasr, Seyyed Hossein. The heart of Islam: enduring values for humanity. San Francisco:
HarperSanFrancisco, 2002. p. 50
99
The rights of God: Islam, human rights, and comparative ethics, p. 212
100
The Constitution of Medina, p.34
101
Ibid
48
shaped essentially by practical considerations.’102 The non-Muslims had the
following rights:
The security of God is equal for all groups, non-Muslim members have equal
political and cultural rights as Muslims. They will have autonomy and freedom
of religion. Non-Muslims will take up arms against the enemy of the
Community and share the cost of war. There is to be no treachery between the
two. Non-Muslims will not be obliged to take part in religious wars of the
Muslims.103
By granting these, even in today’s world, high standard rights, the
Medina Charter had become one of the very first (and often forgotten) human
rights documents in the world. Furthermore, it was one of the first documents
that engaged in ‘conduct of war’ regulations, as well. What is very important to
remember here, which is significant for this thesis, is the fact that all Medina
Charter’s provisions and articles that regulated human rights (and what we
would call today ‘humanitarian law’) of this time, were completely based on the
Holy Qur’an.
Another important feature of the Constitution of Medina is the
redefinition of relationship between Muslims themselves. The Medina’s Charter
sets faith relationships above blood-ties and emphasizes individual
responsibility. Tribal identities are still important, and are used to refer to
different groups, but the ‘main binding tie’ for the newly-created ummah is
religion. 104 This change is very essential, as it will continue to play a major role
in the Islamic world till nowadays. Many Muslims are divided by their national
states, but even today, they feel kinship bonding toward each other regardless of
102
Muhammad; Encyclopedia of Islam
103
Ibid
104
Muhammed; Encyclopedia of Islam, p.44
49
established borders among them. This is one of the characteristics of the Muslim
community that should not be overlooked by others, when discussing certain
issues.
3. Human Rights in Islam
‘In theory, there is no difference between theory and practice, but in practice there is.’
- Jan L.A. van de Snepscheut
In the previous chapter we saw that the Qur’an was a very relevant and
strong source for some of the first human rights and humanitarian laws
documents. But this was almost 1,500 years ago. The question that we have to
ask ourselves today is, if the Qur’an and the sunnah, on which the Islamic law is
based, is defendable nowadays in the light of modern battles for higher levels of
human rights and equalities for all? Is the Qur’an itself, perhaps, as many
westerners (but not only them-some Muslim scholars as well) would argue,
‘outdated’? Can it be therefore a valid source for jurisprudence in today’s
modern world that strives to achieve the highest levels of human rights?
3.1 Human Rights from Quranic Perspective
50
In order to provide an answer to these important questions I will examine
the Quranic views on today’s most prominent human rights document – the
Universal Declaration of Human Rights105. In the previous two chapters we
reviewed the theoretical framework in which cultural relativism has found its
place. We also have seen, through a few examples such as the Medina Charter,
early Islamic state and the Ottoman Empire, that in the past there were positive
examples of the synergy between a state, human rights and Islam. But what is
then that the Qur’an itself says about human rights as listed in the UNDHR?
The following is the comparison of 30 Articles of UDHR and perspective
Quranic verses, and/or hadiths of the Prophet (pbuh) that deal with human
rights.
*Article 1 of UDHR
- ‘All human beings are born free and equal.’
The first article of the UDHR stresses the freedom, equality and dignity
of man. But what does the Qur’an says about the ‘Right to equality’?
‘O mankind! We created you from a single (pair) of a male and a female, and
made you into nations and tribes, that ye may know each other (not that ye may
despise (each other). Verily the most honored of you in the sight of God is (he
who is) the most righteous of you.’ 106
*Article 2 of UDHR
- ‘Everyone is entitled to rights… without distinction of any kind, such as race,
color, sex, language religion, political or other opinion.’
105
106
Holy Qur’an 49:14
51
Islam strongly emphasizes the spirit of brotherhood and equality as it can
be seen through the surah Al-Imraan, 104: ‘Hold fast all together by the rope of
God and be not divided’. The Prophet (pbuh) also emphasized the equality of
people, in his last speech in Mekkah:
You are all siblings (to each other) and are all equal. None of you can claim any
privilege or superiority over any other. No Arab has any superiority over a non-
Arab, nor does a non-Arab have any superiority over an Arab. Nor does a white
man have any superiority over a black man, or the black man any superiority
over the white man. You are all the children of Adam 107
*Article 3 of UNDHR
- The 3rd UDHR article focuses on the specific elements of ‘the right to life,
liberty and security of person.’
The Qur'an upholds the sanctity and absolute value of human life and
points out that, in essence, the life of each individual is comparable to that of an
entire community and, therefore, should be treated with the utmost care.108
‘If you kill one person unjustly, as if you killed the whole humanity, and if you
save one person, as if you saved the whole humanity.’ 109 Islam is also emphatic
in safeguarding of the broader protection of life. Suicide is forbidden 110, as well
as infaticide.111
*Article 4 of UDHR
- ‘No one shall be held in slavery’
The Qur'an is deeply concerned with the ‘Right to Freedom’ and about
liberating human beings from every kind of bondage. Recognizing the human
107
108
Holy Qur’an 49:13
109
Ibid, 3:104
110
Ibid, 3:159
111
Ibid, 5:47
52
tendency toward dictatorship and despotism, the Qur'an says with clarity and
emphasis in the surah Al-Imraan: 79, in which explains that only God has rights
over men, but not a man over a man: ‘It is not (possible) that a man, to whom is
given the Book, and Wisdom, and the Prophetic office, should say to people: Be
ye my worshippers rather than God's” 112
As Riffat Hassan writes, Human slavery has extreme importance in the
context of human freedom.113 Slavery was widely prevalent in Arabia at the time
of the birth of Islam, and the Arab economy was based on it. Not only did the
Qur'an insist that slaves be treated in a just and humane way, but also it
continually urged the freeing of slaves.114 By laying down, in the surah
Muhammad, 4: ‘That prisoners of war were to be set free, ‘either by an act of
grace or against ransom”, the Qur'an virtually abolished slavery since the major
source of slaves - men and women - were prisoners of war. 115
The greatest guarantee of personal freedom for a Muslim lies in the

116
Quranic decree that no one other than God can limit human freedom. The
Prophet (pbuh), even though he was the recipient of Divine revelation, was
required to consult other people in public affairs. God addressing the Prophet
(pbuh) says:"... and consult with them upon the conduct of affairs. If the Prophet
(pbuh) as the Primus inter pares of the Islamic society did not have ‘higher’
rights over other people, how an ‘ordinary’ man could even imagine having so?
Throughout his life, the Prophet (pbuh) never owned any slaves and as we have
112
Ibid, 7:112
113
Heart of Islam, p. 146
114
Riffat, Hassan. Are Human rights compatible with Islam,
http://www.irfi.org/articles/articles_101_150/are_human_rights_compatible_with.htm
115
G.A. Parwez, Islam: A Challenge to Religion, p. 346 (Lahore: Idara-e-Tulu'-e-Islam, 1986).
116
Are Human rights compatible with Islam?
53
already seen in the chapter two, it is a duty of every Muslim to follow the
practice of the Prophet (pbuh).
*Article 5 of UDHR
- ‘No one shall be subjected to torture or to cruelty.’
As far as treatment is concerned, Islam does not recognize any basis for
discrimination - everybody is entitled to fair and equal treatment. 117 The Prophet
(pbuh) constantly urged people to behave with calmness and dignity, despite the
possibly unfavorable situation or condition. He said that humans ‘have two

118
qualities which are very dear to God-forbearance and deliberation.’ The
Prophet (pbuh) also added, ‘whatever is done with grace has its value, and that
which lacks grace loses all value’. 119
*Articles 6, 7, 8 and 10 of UDHR
- These UDHR articles generally refer to ‘equality before the law’.
The Qur'an puts great emphasis on the right to seek justice and the duty
to do justice. In the context of justice, the Qur'an uses two concepts: adl and
ihsan120. Both are related to the idea of ‘balance’ and justice, but they are not
identical in meaning.
Adl121 is defined as ‘to be equal, neither more nor less.’ The Qur'an
teaches that merit is not determined by lineage, sex, wealth, worldly success or
religion, but by righteousness. For instance, for crimes of unchastity the Qur'an
prescribes identical punishments for a man or a woman who is proved guilty.
117
118
Islamic Concepts and Definitions, available at: http://www.livingislam.org/icd_e.html,
119
Holy Qur’an 17:32
120
Ibid,16:90
121
Islamic terminology, available at: http://islamic-dictionary.tumblr.com/post/5234296098/adl-
is-an-arabic-word-meaning, accessed on September 17, 2012
54
Besides ensuring adl, the Qur'an goes beyond this concept to ihsan, which
literally means, ‘restoring the balance by making up a loss or deficiency.’122
While showing undue favor to any child would be unjust, a mother who
gives to a ‘handicapped’ child more than she does to her other child or children,
is not acting unjustly but exemplifying the spirit of ihsan by helping to make up
the deficiency of a child who need special assistance in meeting the
requirements of life.123 Ihsan, thus, shows God's sympathy for the disadvantaged
segments of human society (such as women, orphans, slaves, the poor, the
infirm, and the minorities). Finally, the course of justice in the Quran is not to be
sought to be corrupted though bribery124 or the presentation of false evidences.

125
God says: ‘Be always just… and be mindful of your duties. God is aware of
what you do.’126 A more comprehensive injunction is:
O people, be strict in observing justice and bear a witness for the sake of God,
even though it be against your own selves or against parent or kindred. Whether
they are rich or poor. Therefore guard yourself against being led astray by low
desires, as that you might be able to act equitably. If you conceal the truth or
evade it, remember that God is well aware of what you do. 127
*Article 9 of UDHR
- ‘No one shall be subjected to arbitrary arrest, detention or exile.’
As it was already explained in the subchapter 2.4. the Qur’an is only
God’s general guide. Not everything is listed in it, but that is exactly why the
sunnah is so important and an inseparable part of the Shari’ah. Guided by the
122
Ibid
123
Religious Human Rights in the Qur'an, p. 94
124
Holy Qur’an 3:79
125
Ibid, 47:4
126
Ibid, 17:32
127
Ibid, 4:30
55
Divine power, the Prophet (pbuh) being the most righteous one, conducted his
affairs and interacted with his companions in the best manner, in that in which
way God would want every man to act. ‘Indeed, you have the best example in
your Prophet.‘128As it was seen in the earlier given example of praying (in the
Qur’an it was ordered to pray, but how to pray in detail was shown and learnt
through the practice of the Prophet) the same would be applied to this provision.
Since this article of ‘arrest, detention and exile’ is rather modern, the Qur’an
does not mention it directly, but through the entire spirit of the Qur’an and
practice of the Prophet (pbuh) it is clear that no injustice will be tolerated, no
harm is to be done, and just trials are to be conducted. Thus, violation of these
standards is to be punished on this world, and thereafter. 129 Furthermore, any
violation of human dignity is severely punishable and deemed as a great sin. 130
The Prophet (pbuh) even said once, when faced with a case of theft in the
community: ‘By Him in Whose Hand is my life, even if Fatima daughter of
Muhammad were to commit theft, I would have cut off her hand.’131
*Article 11 of UDHR
- ‘Right to be presumes innocent until proven guilty.’
What the Qur’an states about this is explained well through examples in
the verses, in which Aisha, the wife of the Prophet (pbuh) was accused for
committing adultery. After this event the Prophet was almost ready to accept
these allegations but God ordered that anybody’s guilt must be proven first.
Thus, like in the western jurisprudence, it is up to those who accuse to prove
128
Ibid, 49:14
129
Holy Qur’an, 2:169
130
Ibid, 25:73
131
Zbirka hadisa, 212
56
their premises. Meanwhile the accused person remains to be innocent. The
Qur’an even goes a step further making it really hard to accuse someone on
weak premises. In the case of unchastity for example, four persons must have
witnessed with their own eyes the given adultery crime. If not, then there it
cannot be an accusation either.
We do not even have stress how complicated, almost impossible, is to
have al least four people witnessing the act of adultery, that usually happens in
privacy. By setting these high standards, God ensured that no false testifying is
easy and plausible, especially for those crimes such as adultery, stealing, and
others that are prescribed to a severe punishment. As a matter fact, as it is visible
from sura Al-Noor: 4, there is also a punishment for those who (falsely) accuse
chaste person for adultery: ‘And then do not produce four witnesses (in support
of their accusation), flog them 80 times and do not accept their testimony ever
again’. Thus, despite the popular beliefs today, the most severe Shari’ah
punishments for adultery or theft are barely ever being executed, if the Shari’ah
is being followed properly, of course. The point of these severe measures and
these strong protection measures at the same time is primary to serve as
deterrence factor that ensures the order in the society. ‘As seen already, Islam
not only seeks to uphold the basic values through legislative safeguards, but
strives constantly to ensure their observance in every sphere by emphasizing the
moral responsibility of all concerned – the individual, society, and the State.’ 132
*Article 12 of UDHR
- ‘Right to privacy’
132
Islam and Human Rights, p. 67
57
The Qur'an recognizes the need for privacy as a human right and lays
down rules for protecting an individual's life in the home from undue intrusion
from within or without. ‘Do not spy on one another’ God orders133. ‘Do not enter
any houses unless you are sure of their occupant’s consent. 134If it be said to you
‘Go back’, then go back, that is purer for you.’ 135The Prophet (pbuh) also
declared: ‘Your lives, your properties and your honor are declared sacred 136.
Such is the concern of Islam for the individual and what he owes to his fellow
men, particularly those with whom he has to be in close contact. 137 It is thus
clear that the objections of article 12 are fully supported and subscribed by
Islam.
*Articles 13, 14 and 15 of UDHR
- ‘Freedom of Movement and Asylum’
Muhammed Zafrullah argues in his book ‘Islam and human rights’, that:
‘Islam, while taking note of the diversity of tongues and colors and described
them as Signs form which those who posses knowledge may draw lessons’138
does not treat this or any other diversity as creating a division among mankind.’
139
He furthermore notes that the Qur’an addresses itself to the whole mankind in
the form of: ‘O mankind’ or ‘O people’. The attitude of a Muslim therefore is,
that of a true universalist, or vis a vis today’s political pattern, that of an

140
internationalist, rather than that of a narrow nationalist. Islam does not
133
Holy Qur’an, 5:09
134
Ibid, 4:136
135
Ibid, 3:85
136
Zbirka Hadisa, 305
137
138
Islam and Human Rights, p. 122
139
Ibid, 123
140
Ibid
58
contemplate any restrictions on freedom of movement and residence whether
within a state or beyond its borders.
As a matter of fact, one of the major obligations (one of the five pillars
of Islam) is the Pilgrimage to Mekkah. This implies the right of free movement
across continents and oceans. 141 God furthermore says: ‘If your life or your faith
is endangered (by a stronger enemy) seek security in order places – indeed, the
whole earths is God’s property.’142 As a matter of fact ‘Those who migrate from
their homes for the sake of God, the God will surely provide them a godly
provision.’143Another verse talks about rights of refugees by taking the example
of people who fled Mekkah to Medina, facing execution. ‘Those who had
established their homes in this city before them… and gave a place to those
newcomers, even though themselves are poor - those are who will prosper’ 144 If
knowledge is to bee acquired, a Muslim is also urged to travel and take a
residence in another country if needed. ‘Seek knowledge, even if it is as far as in
China’,145 God orders in the Qur’an, advising that no border should be seen as an
obstacle.
*Article 16 of UDHR
- ‘Right to (consent) marriage’
Despite all the stereotypes about marriage in Islam, the Shari’ah law
supports the very core value stated in the UDHR – the right to marriage with a
141
Ibid
142
143
144
Ibid, 24:30
145
Ibid, 55:07
59
free and full constant. Both men and women are to enter marriage with their free
will. Woman has a right, prescribed by the Qur’an, to marry (and divorce) whom
she pleases. She cannot be forced into marriage, and some practices of arranged
marriages that we witness even in modern days in some parts of the Islamic
world (but not only there) are indeed very unislamic. These traditions rely on
their local, usually tribal, customs and have no legal justification in Islam what
so ever. The only difference between man and woman, when comes to divorce is
that a woman must provide an explanation for it, while man is not obliged to do
so. I will talk about this in the following chapter in which I will discuss some
segments of the Shari’ah law where men and women are not equal.
However, the subarticle 1 of the article 16 of the UDHR, is one of those
points in which, the UDHR and Islamic views diverge, due to the different
philosophies and views of what society should look like and what is the role of
religion in it. This is one of the first points in my “UDHR vis a vis Islam”
review, where the notion of cultural relativism should be executed. The UDHR
states that: ‘Men and women, without any limitation due to the race, nationality
or religion, have the right to marry.’ Islam however, forbids a woman to marry a
non-Muslim, while a Muslim can marry a non-Muslim girl, with the limitation
that she must belong to the group of “The People f the Book” (Jews and
Christians). Again, I will talk more in detail about these differences in the
following subchapter.
*Article 17 of UDHR
- ‘Right to property’
Islam’s recognizes the individual’s right to own property alone as well as
60
in associations with others. The right to receive an adequate compensation for
property and work is emphasized in the Qur’an: ‘Pay your dues (to your
workers) before their sweat dries off. God truly does not like those who cheat
(on wages) and mismeasure (selling market goods)’146
*Article 18 and 19 of UDHR
These articles are concerned with freedom of thought, conscience,
religion, opinion and expression, including changing one’s religion, and to
manifest, worship and observance. The Quranic proclamation in surah Al-
Baqarah: 256, ‘There shall be no coercion in matters of faith’ guarantees
freedom of religion and worship. This means that, according to Quranic
teaching, non-Muslims living in Muslim territories have freedom to follow their
own faith and traditions without fear or harassment.
A number of Quranic passages state clearly that the responsibility of the
Prophet Muhammad (pbuh) is to communicate the message of God and not to
compel anyone to believe. The right to exercise free choice in matters of belief is
unambiguously endorsed by the Qur'an which also states clearly that God will
judge human beings not on the basis of what they profess but on the basis of
their righteous conduct147, as indicated by surah Al-Baqarah: 62 which says:
‘Those who believe (in the Qur'an), and those who follow the Jewish
(scriptures), and the Christians and the Sabians, and any who believe in God,
and the Last Day, and work righteousness, shall have their reward in the Lord:
on them shall be no fear, nor shall they grieve.‘
A Muslim is required to believe in the previous revelations and respect
146
147
Holy Qur’an, 2:60
61
other religions: ‘Say ye: We believe in God and in that which has been revealed
to us, and in that which was revealed to Abraham and Ishmael, and Isaac, and
Jacob and his children, and in what was given to Moses and Jesus and what was
given to other prophets from their Lord. We make no differences between
them.’148
The Qur'an recognizes also the right to religious freedom not only in the
case of other believers, but also in the case of not-believers as well (if they are
not aggressing upon Muslims). In the context of the human right to exercise
religious freedom, it is important to mention that the Quranic dictum, ‘Let there
be no compulsion in religion’ applies not only to non-Muslims but also to
Muslims. This is one of the aspects of the Shari’ah that definitely causes a
significant controversy today, as many people (sadly, including some Muslim
leaders and scholars too) argue that a Muslim ‘must believe’. The Qur’an is
clear on this: ‘Say to them: It is the Truth from your Lord; therefore let him who
will believe, and let him who will disbelieve.’ 149 I will finish this part with one
of the most recited Quranic verses – Al-Kafirun. ‘To you be your religion
(belief), and to me my religion (belief).’ 150
*Article 20 of UDHR
-‘Everyone has the right to freedom of peacefully assembly and association.’
Islam stands firmly and uncompromisingly on freedom of conscience. It
does not seek to secure even belief in God, which is the principal concern of
religion, trough compulsion or coercion. Much less does it obstruct free
148
Holy Qur’an 28:70
149
Ibid, 22:59
150
Ibid, 59:10
62
association though peaceful methods.151 The Qur’an encourages people to: ‘Co-
operate with one another in the promotion of virtue and beneficences; but co-
operate not with one another in fostering sin and transgression.’152
*Article 21 of UDHR
- ‘Everyone has the right to participate in the government in his country’
The Qur’an is clear on this when it says: ‘We installed a man to be a
vicegerent on Earth’153, meaning that what God ordered is to be executed via
man and his institutions. As we see, this order does not state that perhaps only a
rich, or a white, or an Arab man is to be a vicegerent. Furthermore, ‘God
commands you to entrust authority into the hands of those who are best fitted to
discharge it, and when you are called upon to judge between, or exercise
authority over the people, you must do so equitably and with justice’. 154
Many would think that a governmental position in Islamic societies is to
be reserved for a Muslim only. The Qur’an opposes this by saying that: ‘A just
non-Muslim is more worthy of being a leader than an unjust Muslim.’155
*Articles 22-28 of UHR
This group of articles is directed towards securing a reasonable standard
of living for everyone though proper education, access to work and employment,
so the humans can develop and pursue happiness. Let’s begin with the right to
Acquire knowledge. The Qur'an puts the highest emphasis on the importance of
acquiring knowledge. The knowledge has its place at the core of Islam. From the
151
Ibid, 55:80
152
Ibid, 2:137
153
Ibid, 5:13
154
155
Ibid, 4:59
63
very beginning is attested to by surah Al'Alaq, 1: ‘Read/learn in the name of
God…’ which was the first revelation received by the Prophet Muhammad
(pbuh). The very first revelation did not say: ‘Obey’ or ‘Pray’ or ‘Worship’. It
called upon people to Read/Learn. The Qur'an also emphasizes the importance
of the pursuit of learning even at the time of war, 156 or as we have seen in the
previous text, if needed to be gained in far away lands like China.
The second aspect is the Right to sustenance. As pointed out by surah
Hud: 6, every living creature depends for its sustenance upon God. A cardinal
concept in the Qur'an - which underlies the socio-economic-political system of
Islam - is that the ownership of everything belongs, not to any person, but to
God. Since God is the universal creator, every creature has the right to partake of
what belongs to God.157 This means that every human being has the right to a
means of living and that those who hold economic or political power do not
have the right to deprive others of the basic necessities of life by
misappropriating or misusing resources which have been created by God for the
benefit of humanity in general.
The third is the Right to work. According to Quranic teaching every man
and woman has the right to work, whether the work consists of gainful
employment or voluntary service. The fruits of labor belong to the one who has
worked for them - regardless of whether it is a man or a woman. 158 As surah An-
Nisa': 32 states: ‘To men is allotted what they earn, and to women what they
earn.’ The forth aspect I would generally call as the Right to ‘The Good Life’,
156
Ibid, 12:23
157
158
Ibid, 10:181
64
and it is something that has been summoned in the Economic and Social Rights.
The Qur'an upholds the right of the human being not only to life but also to
‘good life’. This good life, made up of many elements, becomes possible when a
human being is living in a just environment. According to the Qur'anic teaching,
justice is a prerequisite for peace, and peace is a prerequisite for human
development. 159 In a just society, all the earlier-mentioned human rights may be
exercised without difficulty. In such a society other basic rights such as the right
to a secure place of residence, the right to the protection of one's personal
possessions, the right to protection of one's covenants, the right to move freely,
the right to social and judicial autonomy for minorities, the right to the
protection of one's holy places and the right to return to one's spiritual center,
also exist. 160
Islam put into practice the first effective concept of the Welfare State. Within a
few years of the organization of the first Islamic State, the provision of basic
necessities for everyone was assured. Not only was the State fully conscious of
its duties in this regard, but also individuals were also keen to perform their
obligations toward the widow, the orphan, the needy, the captive, the debtor, the
neighbor and they wayfarer. 161
The review of Articles 29 and 30 in which duties of everyone toward the
community is concerned, I will finish with the Suffi-Muslim saying: ‘Past the
seeker as he prayed came the crippled and the beggar and the beaten. And seeing
them... he cried:’ Great God, how is it that a loving creator can see such things
and yet do nothing about them?’ God said: ‘I did do something. I made you.’
It is clearly visible from the entire research done to this point, that Islam
159
160
161
The Heart of Islam, p 40.
65
puts a great emphasize on the well being of the community. Furthermore, it is a
duty of every Muslims to work toward that goal even if sometimes the interest
of the community clashes with his/her individualistic interests.
3.2 (Mis)interpretations of Qur’an
It might seem to a reader that the presentation of the Holy Qur’an in this
thesis is a bit different from the picture given by the Islamic states today –
meaning, the Qur’an presented in this thesis might seem different from the
Qur’an in reality - ‘on the ground’. These Islamic states should naturally be
based on the very same Qur’an but we might conclude that we do not talk about
the same Book, if we base our opinion on some concrete examples in this part of
the world. But the problem is not in the Book itself, as it has not changed since
the Revelation; the problem is the interpretation, or should I say
misinterpretation of the Holy Qur’an. Often, historically, the interpretation
conducted by the ulema (Islamic scholars) was nothing but a ‘convenient’ gift to
the current ruler. As Beni Sadr writes, the immense hunger for power, or
sometimes a pure fear, or unconscious lack of knowledge of the ulema, resulted
in the situation that we have today. And the situation is that the contemporary
interpretation of some verses is a very far away from the spirit and word of the
Qur’an.162
Instead of having a deep and encompassing interpretation, we ended up
having narrow minded (and often false) understandings all in order to meet
162
Malik, Iftikhar Haider. Islam and modernity: Muslims in Europe and the United States.
London: Pluto Press, 2004. p. 55
66
desires of the ruling power. For example, the Islamic Republic of Iran
established the Shari’ah - the Islamic law, as the only law in the country.
Nevertheless, at the very beginning they went against the Holy Qur’an
that insists on transparency, knowledge and researches. Instead of having more
open and inclusive society, which is in accordance with the Quranic teachings,
in which knowledge, righteousness and justice are to be the main characteristics
of a leader, Iran ended up having a very closed, non-transparent, and oppressive
regime, run by untouchable clerics. 163
At the same time, it is true however, that Muslim’s marginalization in a
modern world, especially after the 9/11 is immense. ‘The Saudi dissident Osama
Bin Laden and his Taliban hosts in Afghanistan dangerously reinforced
pervasive negative images of Muslims.’ 164Muslim communities in the disputed
regions at the same time also came under a hostile spotlight. ‘Profiling of
Muslim individuals, desecration of mosques and Muslim-owned properties, and
harassment and imprisonment of Muslims happened amidst growing
Islamophobia’. 165
We might say, however, that this (historically) is nothing new. Since the
colonization, and especially after the WW2 and the Palestinian occupation, the
relationship between the West and Islamic world were not very good, so to
speak. There is a lot of mistrust and accusation for the continuing colonization
and occupation of Islamic world form one side, and accusations for almost
(culturally or religiously) inherited extremism from the other side. This negative
163
Islam and Modernity, p. 7
164
Ibid, p. 3
165
Islam and Modernity, p.6
67
trend culminated with the Islamic revolution in Iran, and the damaged
relationships were basically never recovered. It only got worse with the 9/11
events.
At the same time, the 60 years old struggle of the Palestinian people
before the eyes of civilized world seems to be never ending. Muslims watch
every day how their brothers and sisters in Palestine are being killed by the
Western powers’-supported weapons of the Israeli army. For the most of this
time, their Muslim rules sat aloof, biding their time, and basically doing
nothing.166 This created a very defensive, whether it is sometimes justifiable or
not, attitude throughout the Muslim world. The attitude basically reads that the
only way to get out of poor situation in which Islamic world is today, is to go
back to the basic roots of Islam.
This, unfortunately often opens doors to the only possible thing in this
situation - extremism. The popular belief, especially among the poorly educated
but numerous youth in Islamic countries, is that reverting to a pristine Islam is

167
the only way out. ‘This emphasis on a back-to-Islam or the recovering of
Muslims through a narrow and literally defined Islamicization lack systemic
strategies and pathways.’ 168
As we could see in this subchapter, I have identified two major reasons
for the misinterpretation of Islam. The first one is very deliberate. The
misinterpretation of the Qur’an and Shari’ah is being used to support rules and
aristocracy, and not to spread equality and justice. In this process, many Quranic
166
Ibid, p. 4
167
Ibid
168
(I&M p6).
68
orders would simply be ‘forgotten’ while those verses that could be interpreted
in more than one way, are being emphasized. The best example of this practice
is the Kingdom of Saudi Arabia, and to some lesser degree, Iran. The second
reason for the misinterpretation is a lack of knowledge. In searching for a
solution, the Islamic youth is seeking an easier way out - to revert to an
‘unspoiled’ Islam.
This being supported by non-educated, or poorly educated ulema does
not usually promises a good outcome. In their fight against injustice allegedly
caused by the western world, the Talibans for example, have committed so many
crimes and injustice themselves, violating the very essence of what they argue to
hold the most sacred – the Holy Qur’an.
Why is this important? If we would like to understand the complexity of
the misinterpretation of the Qur’an, it is then important to understand why some,
so called Islamic countries, do not resemble Islam. That being said, I will repeat
my hypothesis that I have proven in the previous part of this chapter three,
through concrete examples and comparison of the UDHR and the Qur’an, an
that is, Islam (but not Muslims or Islamic states) is compatible with democracy
and human rights standards, and that the Qur’an along with the sunnah of the
Prophet (pbuh) is democratic and human rights friendly itself as well.
The problem is that often Muslims themselves do not follow God’s
orders, or they are not even familiar with the very text of their Holy Book. This
unfamiliarity and lack of knowledge (or often deliberate favoring of some local
customs over the word of the Qur’an) caused the situation in which we are today
– that so called ‘Islamic states’ barely resemble Islam itself. This leads us to
69
another topic – (mis)interpretation of the Holy Qur’an.
One of the groups in Islam that is most often associated with radical
teachings of Islam is the Wahhabi group. Their approach is known for its
selective readings of the Qur’an and for a very literate interpretation of it.
‘Wahhabism is a conservative branch of Sunni Islam. It is a religious movement
among fundamentalist Islamic believers, with an aspiration to return to the
primordial fundamental Islamic sources169 where ijma and analogy play a minor
role.
Its founder Ibn Abd Al-Wahhab advocated a popular purging of the
widespread practices by Muslims being what he considered to be impurities and
innovations in Islam. 170 It is claimed that this was carried out by some of his
more extreme followers by the killing of innocent Sunni Muslims however this
is fiercely debated. Wahhabi theology is very precise in a teaching where the
Quran and Hadith are the only fundamental and authoritative texts. This
approach, logically, makes it very difficult for new Islamic thoughts to emerge
since there is no way for those issues (usually modern- internet for ex.) that are
not covered by the Qur’an or the sunnah to be discussed or solved through ijma
or analogy.
Another problem with the Islamic radicals is that they often ‘forget’
certain suras, and do something that is today often done in media – take things
out of the context. The best example of this practice is the right of a man to have
169
Oh, Irene. The rights of God: Islam, human rights, and comparative ethics. Washington,
D.C.: Georgetown University Press, 2007. p. 56
170
70
four views. Due to the Islamic philosophy that perceives a man as the one who
feeds the family man could marry up to four views, but given that there is a
valid reason for it. A valid reason is to be that those wives are not married and
that by staying in that condition (without a supporter) their mere existence might
be endangered. The Qur’an also warns that this practice is permissible only
under the condition that a man can be equally just to all four of his wives, and to
provide an equal care for all of them as well. If not, he would be committing a
sin. This is what is often being ‘forgotten’ when this Quranic provision of four
wives is being mentioned.
The last important fact that has been provided as a safe measure to a
woman, and that is also being ignored by the radicals, is that the first wife must
give her consent to her husband in order for him to be able to marry another
wife. Without this consent, a polygamy marriage is not valid. In modern time,
when women equally work and are capable of taking care of themselves and
their children, this practices is left to rarely ever be used. Nevertheless, the
radicals would never mentioned these facts which is a clear proof of a
misinterpretation, if not of the literate word, but then of the very spirit and the
message of the Holy Qur’an.
Another example is that of a severe punishment prescribed for some, in
an Islamic society, grave sins such as adultery or theft. By looking only at the
surah that tells us these crimes are to be punished, respectively, by the stoning to
death and a hand cut off, the Islamic society might seem barbaric as anybody
could go around and cut hands off for a stolen packet of cigarettes. What is
being overlooked is that in the case of adultery four witnesses must confess that
71
they have witnessed with their own eyes that given crime. If that condition is
being fulfilled then a suspect has a right to repent in which case is being
forgiven, as God orders: “…but if they repent and seek forgiveness, let them be,
God is really all merciful and compassionate.”171 Only in the case that a suspect
confirms that he or she has committed the crime the accusation becomes valid,
given that the khadi (Islamic judge) does not have any objections in the sense
that he might suspect that a possible suspect is being actually a victim of a plot.
To summarize, the entire lengthy and complicated (and very hard to
execute) process must be followed before someone can be punished by these
harsh measures. It is God’s will to set strict rules to firstly serve as a deterrence
factor in order to prevent these, for the security and moral of an Islamic (and lets
be honest, any other) society dangerous acts. The more or less same complicated
procedure goes for the act of theft. The suspect is given a chance to repent, and a
damaged person is given a chance to forgive. God says: ‘If one has been
wronged, he has the right to revenge or to an equal reparation, but if he forgives
that is better for him indeed. God is all knowing and all seeing.’ 172
It is very important to always keep in mind that the Qur’an cannot be
taken out of the context. The primary reason for the Revelation is to make it
easier and better off for the people to live on the Earth, and thereafter. All
Islamic restrictions are there only to improve the condition of the society and an
individual in it.
However, none of these restrictions can be taken out of its time and
place. Yes, there is an order to cut a hand off for those who steal, but there is
171
172
72
also a more important overall message of the Qur’an, which proclaims kindness,
generosity and forgiveness. Muslims have to obey some rules (fasting and daily
prayers for ex.) but these rules, even thought they are the pillars of the Islamic
faith, can be voided in specific situations (famine, sickness, traveling…) The
same applies for all other orders – they are there to be fulfilled with common
sense. That is the reason why the ruler of the Muslim community after the death
of the Prophet (pbuh), Omer decided during the year known as the year of
famine, to suspend the punishment of cutting off the hands of thieves, as he was
following exactly the principle above. 173
There are many more examples of misinterpretation of the Qur’an but,
due to the limitation of this thesis, I have focused only on these mentioned
earlier hoping that I have pictured well what is often being done by some
radicals who “’ead’ the Qur’an in ‘their way’ so it fits their personal agendas or
narrow views, unacceptable to Islam. That being said, it is also true that
unfortunately, many political opponents in the post-revolution Iran, Afghanistan
or Saudi Arabia, have been eliminated by some kind of (non-Islamic) false
accusations processes and deliberately misinterpreted Shari’ah laws.
To conclude, I can say that in regards to a religious doctrine or a Holy
Book (or for that matter, to some court rulings), a literal interpretation of the text
often cannot be directly applied to the present context. The interpretation is
based on a process in accordance to religious rules and to the current approach
to life. It is an approach in a sense that if the scripture refers to a person who has
been wronged as a victim who has the right to seek equal revenge or justice, he
173
Ramadan, Tariq, and Saïd Amghar.Islam, the West and the challenges of modernity.
Leicester, UK: Islamic Foundation, 2001.
73
or she has the right to a process of reparation.
This, however, does not mean that the wronged one should bring the
same harm as he or she has experienced; on the contrary, it means that the
wronged one is entitled to justice whether the process of justice is forgiving and
forgetting or a process of accountability.
3.3 Women in Islam
For the end, I have left probably the most discussed and problematic
topic in Islam – the position of women. We have been reading quite often in
academic works that a woman in Islam is being treated like a second-class
citizen. Furthermore, we have witnessed sad pictures and stories from places
like Afghanistan or Pakistan in which women take a main role and the stories are
far from being happy. Thus, woman's status in Islam is one of the most
controversial and serious issues of our time, not only for Muslim women but for
the people at the universal level as well. However, I will try to present here a
picture that is rather different that the popular belief (and practice) today.
William Montgomery Watt explains: ‘At the time Islam began, the
conditions of women were terrible – they had no right to own property, were
supposed to be the property of the man, and if the man died everything went to
his sons.’174 Islam, however, trough the Prophet Muhammed (pbuh) by
‘instituting rights of property ownership, inheritance, education and divorce,
gave women certain basic safeguards.’175 Also, ’Women were given inheritance
174
Ibid, p. 13
175
Schleifer, Aliah. Motherhood in Islam. Cairo: Fons Vitae, 1996. p. 65
74
rights in a patriarchal society that had previously restricted inheritance to male
relatives/ family members.’176 Therefore, as Watt argues Muhammed (pbuh), in
the historical context of his time, can be seen as a figure who promoted
177
women’s rights and improved things considerably. Under Islamic law,
marriage was no longer viewed as a ‘status’ but rather as a ‘contract’, in which
the woman's consent was imperative.178
Annemarie Schimmel states that ‘compared to the pre-Islamic position of
women, Islamic legislation meant an enormous progress; the woman has the
right, at least according to the letter of the law, to administer the wealth she has
179
brought into the family or has earned by her own work.’ But while some
scholars praise Islam's achievements for the woman, having in mind that it was
Islam that gave the woman her rights and honor (way before women were given
their rights in the West), the others at the same time blame it for all the disad-
180
vantages in the position of Muslim women on Islam. So what is then the posi-
tion of women in Islam? Can they, despite the popular or media opinion today
(and a very unfortunate and unislamic practices in Afghanistan for example)
let’s say, educate themselves?
Female education in the Islamic world was inspired by Muhammad's wives: Khadi-
jah, a successful businesswoman, and Aisha, a renowned hadith scholar and mil-
itary leader. The education allowed was often restricted to religious instruction.
According to a hadith attributed to Muhammed (pbuh), he praised the women of

176
Valentine M. Moghadam. Modernizing Women: Gender and Social Change in the Middle"
East. Lynne Rienner Publishers, USA, 1993. p. 5
177
Islam and Modernity, p.10
178
Islam, the West and the challenges of modernity, p. 79
179
Motherhood in Islam, p.55
180
Islam, the West and the challenges of modernity, p. 12
75
Medina because of their desire for religious knowledge: ‘How splendid were the
women of the Ansar (literally means "helpers" and denotes the Medinan citizens
that helped Muhammed (pbuh) on the arrival to the city after the migration to
Medina); shame did not prevent them from becoming learned in the faith.’ 181 In
Islam's earlier history, even female religious scholars were relatively common.
‘Mohammad Akram Nadwi, a Sunni religious scholar, has compiled biographies
of 8,000 female jurists, and orientalist Ignaz Goldziher earlier estimated that 15
182
percent of medieval hadith scholars were women.’ After the 16th century,
however, female scholars became fewer, and today – while female activists and
writers are relatively common – there has not been a significant female jurist in
over 200 years.
Many women's rights in the Qur'an are based around the marriage contract. ‘A
woman, according to Islamic tradition, does not have to give her pre-marriage
possessions to her husband and receives a mahr (dowery) which she is allowed
to keep… any earnings that a woman receives through employment or business
is hers to keep and need not be contributed towards family expenses.’183
This is because the financial responsibility for housing, food and other
household expenses of and for the family, including the spouse, falls entirely on
the husband. Again, despite traditional beliefs, it is the fact that in Islamic law ‘a
woman is also not responsible for the upkeep of the home and may demand pay-
181
Daily Life in the Medieval Islamic World p. 21
182
Islam and Modernity p. 9
183
Valentine M. Moghadam. Modernizing Women: Gender and Social Change in the Middle
East. Rienner Publishers, USA, 1993. p. 10
76
ment for any work she does in the domestic sphere.’184
So, if negative practices that we witness today toward women in the Islamic
world, are rather tribal legacies and not Islamicly justified, what does the exactly
the Qur’an says about woman and what is the position of Islamic law in regards
to this topic?
In Islam, women are entitled to the right of inheritance,185. In general,
Islam allows females half the inheritance share available to males who have the
186
same degree of relation to the deceased. . This difference derives from men's
obligations to financially support their families.187
However, many Islamic majority countries have allowed unfair (towards
women) inheritance laws and/or customs to dominate.
Nevertheless there are some aspects of limitation of rights of woman,
according to western standards that need to be mentioned as well, if we want to
have a fair and objective discussion about Islam and modern human rights . As I
have already mentioned earlier, a Muslim women may only enter into marriage
with Muslim men and evidence for this is the verse 221 of surah Al-Baqarah
where it speaks of ‘not marrying Muslim women off to non-Muslim men’.
Another piece of evidence is a woman at the time of the Prophet (pbuh),
Ramla bint Abi Sufyan who's husband converted to Christianity, which made the
marriage void. This proves that a Muslim woman cannot marry a non-Muslim
man. On the other hand, the Qur’an allows Muslim men to marry women of the
184
Islamic inheritance jurisprudence; Women and inheritance, p. 61
185
186
Ibid
187
Islamic inheritance jurisprudence; Women and inheritance, p. 160
77
People of the Book (Jews and Christians). However, the Islamic law says that it
is makruh (bad but not strictly forbidden) for a Muslim man to marry a non-
Muslim woman. This might be considered one of the inequalities among men
and women in Islam, if compared to western standards of equality.
However, many scholars, including Bilal Philips argue that the verse that
permits Muslim men to marry non-Muslim women is not valid anymore today
due to several reasons including its misunderstood interpretation. 188 Another
point that treats men and women unequally, according to the equality standards
of the Universal Declaration is polygamy. In Islam, polygamy is permitted under

189
restricted conditions, and it is not widespread. As a matter of fact, as I have
already mentioned, this practice is strongly discouraged in the Qur’an, which
says, 'Do justice to them all, but you won't be able to, so don't fall for one totally
while ignoring other wife(wives)'190. We also have to take into the consideration
the historical context, as this was actually a restriction on the number of wives
men of the pre-Islamic Arabian tribes can take.
Nevertheless, a marriage of pleasure, that is lately being practiced in
some Gulf countries, where a man pays a sum of money to a woman or her
family in exchange for a temporary spousal relationship, is an ancient practice
that has nothing with Islam and there is no a single verse that approves this. 191
Another grave violation of human rights that, among other places, occurs
in some countries with Muslim majority is genital mutilation. ‘This practice has
been erroneously associated with Islam. In fact it is practiced predominantly in
188
Ibid, p. 162
189
Ibid, p. 162
190
191
Ibid, 34:18
78
Africa, where in certain areas it has acquired a religious dimension due to the
justification that the practice is used to ensure female chastity.’192
The Qur’an however, and the practice of the Prophet (pbuh) do not
provide any single justification for this crime on women. As a matter of fact,
Islamic scholars signed a fatwa193 banning the practice in January 2010 194 Their
aim was to prevent people from citing religion as a justification for genital
mutilation.
The next instance that might be considered as a proof of inequality is di-
vorce. Some scholars in Islam, argue that woman, unlike man must provide a
valid reason for a divorce. ‘However, under most Islamic schools of jurispru-
dence, both partners must unanimously agree to the divorce in order for it to be
granted. But to prevent irrational decisions and for the sake of the family’s sta-
bility, Islam enjoins that both parties observe a waiting period (of roughly three
months) before the divorce is finalized.’195 This shows that the Qur’an set up
practice that will ensure woman against injustice possible conducted by men.
Nevertheless, as in many other situations we have seen before, an actual
practice falls out outside of the Islamic judicial theory. ‘Woman’s right to di-
vorce is often extremely limited compared with that of men in the Middle East.
While men can divorce their wives easily, women face many legal and financial
obstacles.’196 As far as another practices which might be discriminatory, such is
banning women from driving cars, John Esposito, professor of International Af-
192
Mohd. Salih al-Munajjid Hafizullah. "Is there any saheeh hadith about the circumcision of fe-
males?". Fatwa (Religious verdict, suggestion). MuslimAccess.Com. Retrieved 2007-04-06.)
193
Islamic Definitions
194
The Formation of Islam: Religion and Society in the Near East, p. 25
195
The position of women in Islam by Dr. Jamal A. Badawi, p. 11
196
Toward an Islamic reformation, p. 99
79
fairs and Islamic Studies at Georgetown University, and one of the most promi-
nent non-Muslim Islamic scholar, has argued that these restrictions originate
from cultural customs and not Islam.
The last inequality practiced in Islamic countries is the ‘rule’ that a
woman cannot be an imam (to lead a prayer). “A fundamental role of an imam
(religious leader) in a mosque is to lead the salah (congregational prayers).
Generally, women are not allowed to lead mixed prayers. However, some argue
that Muhammed (pbuh) gave permission to a woman named Ume Warqa to lead
a mixed prayer at the mosque of Dar.”197
It is important to mention also, that during the time of the Prophet
(pbuh), women regularly attended prayers, participated in Islamic festivals, and
attended lessons of knowledge given by the Prophet (pbuh) and other men. They
also asked about issue related to their religion, rights and sexuality - questions
that many women today would be embarrassed to ask.
The issue of hijab is so contested today that would require entire new
paper to discuss this issue solely. It is a mix of religious orders and traditions,
complicated further with intolerance and misunderstanding. The only thing
about hijab that I will mention here is that the hijab is the Quranic order that
Muslims, both male and female, dress and behave modestly. The most important
Quranic verse relating to hijab is sura An-Nur, 31, which says: ‘And tell the
believing women to lower their gaze and guard their private parts and not to
display their adornment except that which ordinarily appears thereof and to draw
their head covers over their chests and not to display their adornment except to
197
Zbirka Hadisa, 95
80
their family.’
The Qur’an does not mention face covering, but indeed orders women to
dress modestly. I will quote Tariq Ramadan, one of the leading Islamic scholars
today when he argues that: ‘It is equally wrong to veil a woman, as much as it is
to unveil her”.
While they are some verses that support nominal equality between men
and women, we must not forget the overall spirit of the Holy Book that from the
beginning until the very end emphasizes the importance of the overall equality.
The Qur’an warns: ‘A woman is not created for the purpose of a man. Rather,
they are both created for the mutual benefit of each other. ‘198 Also God orders
both of them to be modest: ‘Tell the believing men that they should lower their
gaze and guard their private parts. Tell the believing women that they should
199
lower their gaze and guard their private parts’ “The believing men and the
believing women, they are the friends of one another. They command what is
right and forbid what is wrong’ 200
Furthermore it stresses the equality of women and men before God in
terms of their religious duties (i.e. belief in God and his messenger, praying,
fasting, paying zakat (charity), making hajj (pilgrimage to Mekkah/ Medina))
Verily, those who believe, men and women, the men and the women who are
obedient, the men and women who are truthful, the men and the women who
are patient, the men and the women who are humble, the men and the women
who give sadaqa (i.e. Zakat, and alms, etc.), the men and the women who ob-
serve fast, the men and the women who guard their chastity, and the men and
the women who remember God much with their hearts and tongues, God has
prepared for them forgiveness and a great reward. 201
198
Holy Qur’an 4:11
199
Ibid, 4:07
200
Ibid, 4:180
201
Ibid, 4:181
81
The Qur’an also explains that men and women are equal in creation and in the
afterlife, but not identical. Surah an-Nisa', 1 states that ‘Men and women are
created from a single soul. One person does not come before the other, one is not
superior to the other, and one is not the derivative of the other.’
While the Qur’an, as seen the above, insists on the premises summarized
in the verse: ‘Both men and women are equal’,202 it also states that: ‘Men are the
protectors and maintainers of women, because God has made one of them to ex-
cel the other, and because they spend from their means. Therefore the righteous
women are devoutly obedient and guard in the husband's absence what God or-
ders them to guard.’203This verse however refers to a relationship between a hus-
band and wife, not as a society in whole. There are indeed some differences, but
they come from a different philosophy of what equality really is, what are the
roles in the society and what is the final goal that wants to be achieved – a math-
ematical equality or a functional and just society. Having in mind the nature of
the Medinan society in the time of the Revelation, it is to be decided b the agree-
ment of scholars whether this rule continues to apply in modern situation as
well, since a woman is not dependent on husband’s income anymore.
At the same time it here are many misuses of these differences and they
must be acknowledged. Any unislamic practice, especially when claimed to be
Islamic, must be halted in practice or at least denounced by Islamic scholars and
general public. However, there are some provisions that are simply different and
even though they perhaps do not fall strictly under the western view of equality,
202
Ibid, 55:12
203
Holy Qur’an 5:47
82
should still be fully respected according to the conclusion at the beginning of
this thesis – culture relativisms it is an important part of today’s world and ought
to be respected.
Therefore, we can conclude that, according to western standards of
equality of rights, woman in Islam might face certain obstacles or inequalities,
while there are also those ‘differences’ that are, due to the different philosophy
and approach to a society, might be justifiable within the cultural relativism
framework. However, it is also important to keep in mind that ‘the patriarchal
character of pre-Islamic Arabic culture influenced not only the content of the
Qur'an and its teachings; it persists today in the interpretation and application of
entire Islamic dogma.’ 204 Thus, there are deep differences between the revealed
word of God and human (read: male) interpretation of the message. For cen-
turies men interpreted the Qur’an and codified Islamic rules that defined what is
to be a woman and how to be a woman. Meanwhile, the woman’s voice and
woman’s experience have been mostly silent.
3.4 Islamic State – Perfection Or Nightmare?
After we reviewed the historical context of Islam, former and current
Islamic states, conditions in them, the Quranic views of human rights and the
entire Islamic legal system, we can now pose a valid question – what would a
state that is entirely based on the Shari’ah (given that state is fully respecting
204
Islam, the West and the challenges of modernity
83
and following that very same Shari’ah) look like?
Traditional supporters of an ‘Islamic state’ desire mostly to resurrect and
install this ancient legal system. However, I personally, along with many
scholars, see the Shari’ah as an evolving body of ethical norms (such as
freedom, justice, and equality) and legal rulings, which is open to interpretation
in keeping with social and historical changes. Many radical Muslim argue that
the solution for a (renewed) progress of currently somewhat backsword Islamic
world is to go back to pristine Islam that relies solely on the literate word of the
Qur’an and the sunnah.
How ridiculous this philosophy might be, the best is shown through the
example of the Wahabi Islam in which the main point is the teaching that
nothing that was not present in the practice of the Prophet Muhammed (pbuh) is
not Islamic, and thus, it is not permissible to a Muslim today. That means that a
car, elevator, any weapon other than a bow and arrow, computer, streetlight, and
all other innovations that were not known in the time of the Prophet Muhammed
(pbuh) are to be forbidden to a Muslim. To reduce the Qur’an and the entire
Islam that is traditionally and historically known for its common reasoning,
openness, and dedication to highest moral and social values and achievements,
would be the greatest crime to that very Islam, and God’s Holy Book.
Instead of going back to a pristine Islam, Muslims today need to find the
strength to face their weaknesses, and more than anything else, to embrace again
those Quranic universal values such as knowledge, science, justice, hard work
and piousness, that has been forgotten in the last few centuries. Positive
examples of progressive, developed and moral Islamic societies that were
84
possible at some time in the history give us hope that this task is not impossible.
A society that will be based on moral and social values of Islam can be a
desirable, and not frightening society today.
What it needs to be done, however, is to open space again for those
things that were inseparable with Islam for so many years – knowledge and
science. And more than anything, Muslims need to follow their Holy Book and
the knowledge acquired from it directly, along with the knowledge that is being
generated being inspired by the Qur’an. What does this mean? It means that the
Qur’an does not provide answer for everything. It rather sets high standards of
moral, justice and righteousness, while leaving space for men to, by employing
their own knowledge and experience and given that are guided by rights virtues,
conclude all those matters that have been left off unsaid.
The purpose of Islam is not to have a brainless main. It is quit opposite –
it encourages people to think, learn and to embrace knowledge and science in
order to better off his life on the Earth, while seeking His satisfaction. It was not
without the reason that the very first Revelation was: ‘Read/lean in the name of
your Lord…’205 It is the fact that Islam does not discourage humans from
concluding on their own, instead of a mere passive acceptance of the previous
knowledge. This step-by-step procedure received the approbation of Muhammed
(pbuh) himself when he sent Mu’adh ibn Jabal to Yemen to assume the Office of
the Judge.
On the eve of his departure, the Prophet (pbuh) asked him: ‘According to what
are you going to judge?’ ‘According to the Book of God’, answered Mu’adh.
‘And if you do not find the ruling therein?’ ’According to the tradition (sunnah)
of the Prophet of God.’ ’And if you don’t find ruling therein?’ ’Then I will exert
my effort to formulate my own ruling.’ Upon hearing Mu’adh’s answer, the
205
Holy Qur’an 96:1
85
Prophet (pbuh) being satisfied with it, concluded: ‘Praise be to God.’ 206
Islam, if followed properly also protects woman. Islam forbids interest and
support the economy does not make people economic slaves. Islam protects
minorities and all people regardless of their color, nation or race. Furthermore,
Islam especially protects the vulnerable ones, the orphans, the elderly, the sick
and the poor. God says: ‘And your Lord has decreed that you worship none but
Him. And that you be dutiful to your parents. If one of them or both of them
attain old age in your life, say not to them a word of disrespect, nor shout at
them but address them in terms of honor.’ 207 It also asks for helping the
disadvantaged ones: ‘...and they feed, for the love of God, the poor, the orphan,
and the captive...’208
The institutions of zakat and sadaqa are one of the best ‘social and
economical justice’ tools known to the humanity. Islam supports acquiring of
knowledge through ijma and qiyas so the Shari’ah can remain always accurate
and up to date. Islam also, like the humanitarian law, set high standards for the
conduct of war in which woman, children and wounded ones are protected.
In Islamic societies marriages tend to be more stable and longer lasting.
The rate of divorce is lower. This is mostly due to the Islamic approach to
marriage that treats it as a contract, instead of a romantic movie. Countries that
almost fully implement the Shari’ah, such as the United Arab Emirates or
Bahrain, have the lowest crime rates in the worlds. At the same tome, they have
the emptiest prisons. In these countries, the right of Muslim and non-Muslim
206
Zbirka Hadisa, 110
207
Holy Qur’an 17:23
208
Holy Qur’an 8:18
86
women are respected. So, an Islamic society even today can be a successful
story. Afghanistan is not, and it cannot be the only ‘representative’ of Islam.
It is important to note that religion in today’s world is vivid and present,
more than ever. Religion did not disappear, as many have presumed, nor it ever
will, as it is foundation stone in lives of billions of people. This fact cannot be
overlooked when creating modern societies. Faith is, and must be a constructive
and positive part of every society. That being said, nobody should fear the state
in which Islam as a faith might play a significant role, given that, as I already
said, all moral and legal principles of the Shari’ah are fully respected. And also
we have to ask what Muslim want in the future?
If one asks if Muslims want freedom the answer id definitely yes. But the vast
majority of Muslims would add that first of all, for the freedom does not mean
freedom from God and religion; they would embrace freedoms provided that
they do not destroy their faith that gives meaning to their lives. Second, they
would point out that to be free means to be free to understand what one means
by freedom. They certainly do not want ‘freedom’ to be imposed on them as an
ideology by a more powerful West that knows better what is good for them.
Coercion under the guise of freedom is still coercion.’ 209
What Muslims would like most of all is to be allowed the freedom to confront
their own problems and find their own solutions. Any good-hearted help is
always more than welcome.
The last point in this thesis that should be taken into the consideration,
while discussing the nature of Islam and Islamic state, is a widespread
Islamophobia. I am, however, not negating that many Muslims themselves, by
their acts and deeds today, supported negative and stereotypical images about
themselves and Islam I general. That being said, it is still unquestionable that
209
87
Islamophobia is strongly present at the West and that often plays a significant
role, in the relationships between societies. And these negative images and
prejudices are for the most the part, unjustified.
Having in mind stereotypical tendencies today, professor John Esposito
argues that: ‘Muslims today are new Jews’. 210 Davor Marko also investigated the
level of stereotypes towards Islam present in media today, and he concluded that
these tendencies must be acknowledged every time when we discuss any ‘issue’
with(in) Islam.
‘Islamophobia is firstly based on the wrong premises that Islam is ugly,
evil and violent, and it is supported in public by emphasis of these negative
stereotypes against Muslims.’ 211

Furthermore, ‘media plays a major role in
spreading of Islamophobia in the world today’ 212, author Marko argues in his
book in which he investigated the role of media in creating of stereotypes. He
thus concludes that, ‘Islamophobia as a result of ‘selective’ and ‘deliberately
wrong’ created picture of ‘others’, and its purposely wrong interpretations, could
be understood only as political project’.213
210
211
Zar na Zapadu Postoji Drugi Bog?, p. 58
212
Ibid, p. 59
213
Ibid
88
Conclusion
‘He is a Prophet and not a poet and therefore his Qur’an is to be seen as a Divine Law
and not as a book of a human being, made for education and entertainment.’
- Wolfgang Goethe
I believe that, throughout this thesis, I have managed to prove that there
is nothing ‘evil’ and ‘bad’ inherited in Islam as such, despite some stereotypical
views today. Islam, as a religion that relies on the Holy Book and practice of the
Messenger of God (pbuh), along with the scholarly acquired knowledge, is
89
indeed compatible with human rights and democratic processes.
Islamic world has witnessed historical times in which human rights had a
high place on the list of priorities in the Islamic societies. Sadly, for many
different reasons, the reality is not that bright any more, as many countries with
Muslim majority tend to be backward and known for violations of human rights.
Despite these facts it is true, however, that these negative tendencies
have nothing, or very little with Islam itself. This is what I have proved by
conducting my research in this thesis in which direct comparison played a major
role. I have answered my research questions and proved my hypothesis that
Islam (but not necessarily the Islamic world) is compatible with human rights.
As a matter of fact, the articles of the Universal Declaration of Human Rights
are not significantly different that the (legal) verses of the Qur’an on which the
Islamic law is based. The comparison done in the chapter three showed only
minor discrepancies, and mostly in one (but important) segment – women’s
rights. I have indeed detected some misalignments between the Qur’an and the
Universal Declaration, but overall these two documents were supporting the
very same goal – human rights for all regardless of someone’s religion, race,
color or sex. There is always a room for an improvement and discussion, and the
Islamic law cannot be exempt from this, but we can anyways conclude that the
spirit of human rights protection is within Islam, and the Islam teachings are
embodied in the Universal Declaration of Human Rights. We can discuss for
sure why, despite these facts, the condition of human rights is rather grave in
some Islamic countries, but that was not the subject of this thesis anyways.
I have not argued that the Islamic Kingdom of Saudi Arabia, or the Islamic
90
Republic of Afghanistan are democratic or human rights friendly. I have claimed
only that Islam as such is compatible with democracy and human rights.
Another important conclusion that we have reached by doing this
research is that the importance of cultural relativism cannot be negated.
Different religions, cultures and customs are our reality (and richness) and thus
cannot be ignored. Of curse, I completely agree, and I have shown that in this
thesis, that there must be a certain ‘umbrella’ of commonly agreed, universal
values to be respected at any time and any place. All those others, more relative
values, must be respected in their differences as well. Furthermore, they cannot
be a subject to domination of a stronger group or philosophy. This analysis,
along with many others already conducted by scholars, should serve as a wake-
up call to western policy makers, who for too long have ignored the roles - some
of them quite positive - that religious reality play in the international life.
Different states and communities should anyhow agree (perhaps again,
after so many complaints directed toward some ‘universal’ document?) on
common values that could and should be truly considered (and accepted) as
universal. That does not mean however, that this is a call to endless piling up of
lists of ‘rights’, like it has happened after the proclamation of the Universal
Declaration. If ‘everything’ is a ‘human right’ then nothing is, in fact, a human
rights in any serious way.
It is also important to make sure that the agreement is being reached
among all relevant states, and communities - the true representatives of different
views, opinions and beliefs, so we could distinguish from those notions of
human rights that emerge exclusively from a western view of the world.
91
Thus, we must separate those ‘rights’ that derive from the specifically
western values of liberty and equality, from those that relate to the human
condition as such. These values (eastern or western, southern or northern) might
be, and probably are, very valuable, but cannot be considered universal by
default.
Having that in mind, there is a common normative principle shared by all
major cultural traditions, which, if constructed in proper manner, is capable of
sustaining universal standard of human rights. That is the principle that should
treat other people as he or she wishes to be treated by them. This ‘golden rule’ of
reciprocity is shared by all major religious traditions of the world. Moreover, the
moral and logical philosophy of this simple proposition can easily be
appreciated by all humans of whatever cultural traditions or philosophical
opinion they might be.
The last thing that it was concluded by this research is that religion,
despite many attempts, cannot be taken out of the political equation. Faith is,
and it will remain to be an important, or should I say, a major player and force in
the world. Any negating of this fact cannot be productive. I the case of Islam,
there is a concern that universal human rights would twist toward unacceptably
oppressive conservativism. This would be the case only if Islam were oppressive
philosophy itself. We have witnessed in this thesis that this would be a rather
incorrect claim.
92
Appendix
O People
Lend me an attentive ear, for I know not whether after this year, I shall ever be amongst
you again. Therefore listen to what I am saying to you very carefully and take these
words to those who could not be present here today.
O People
Just as you regard this month, this day, this city as sacred, so regard the life and
property of every Muslim as a sacred trust. Return the goods entrusted to you to their
rightful owners. Hurt no one so that no one may hurt you. Remember that you will
indeed meet your Lord, and that He will indeed reckon your deeds. Allah has forbidden
you to take usury (interest); therefore all interest obligations shall henceforth be
waived. Your capital, however, is yours to keep. You will neither inflict nor suffer any
inequity.
Allah has Judged that there shall be no interest and that all interest due to
Abbas Ibn ‘Abd al Muttalib (the Prophet's uncle) shall henceforth be waived.
Beware of Satan for the safety of your religion. He has lost all hope that he will ever be
able to lead you astray in big things, so beware of following him in small things.
93
O People
It is true that you have certain rights in regard to your women, but they also have rights
over you. Remember that you have taken them as your wives, only under Allah's trust
and with His permission. If they abide by your right then to them belongs the right to be
fed and clothed in kindness. Do treat you women well and be kind to them, for they are
your partners and committed helpers. And it is your right that they do not make friends
with anyone of whom you do not approve, as well as never to be unchaste.
O People
Listen to me in earnest, worship Allah, say your five daily prayers (Salah), fast during
the month of Ramadan, and give your wealth in Zakat.
Perform Hajj if you can afford to.
All mankind is from Adam and Eve, an Arab has no superiority over a non-Arab
nor a non-Arab has any superiority over an Arab; also a white has no superiority over
a black, nor a black has any superiority over a white- except by piety and good action.
Learn that every Muslim is a brother to every Muslim and that the Muslims constitute
one brotherhood. Nothing shall be legitimate to a Muslim, which belongs to a fellow
Muslim unless it was given freely and willingly. Do not therefore, do injustice to
yourselves.
Remember one day you will appear before Allah and answer for your deeds. So
beware, do not stray from the path of righteousness after I am gone. People, no prophet
or apostle will come after me and no new faith will be born. Reason well therefore,
O people, and understand words which I convey to you. I leave behind me two things,
the Quran and the Sunnah (Hadith), and if you follow these you will never go astray. All
those who listen to me shall pass on my words to others and those to others again; and
may the last ones understand my words better than those who listened to me directly. Be
my witness, O Allah, that I have conveyed your message to your people."
then he read : "This day have I perfected for you your religion and completed My favor
on you and chosen for you Islam as a religion.”
Muhammed (pbuh),
his farewell speech before the Pilgrimage to the Holy city of Mekkah
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ERMA MA - THESIS Universalism of Human Rights in Islam PDF

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ERMA MA - THESIS Universalism of Human Rights in Islam PDF

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EUROPEAN REGIONAL MASTER’S DEGREE IN DEMOCRACY

AND HUMAN RIGHTS IN SOUTH EAST EUROPE

University of Sarajevo – University of Bologna

IS UNIVERSALISM TRULY UNIVERSAL?

MASTER THESIS SUBMITTED IN PARTIAL FULFILLMENT OF

DAMIR FARUK SARAČEVIĆ

SUPERVISOR: PROFESSOR VICTOR BOJKOV

SARAJEVO, BOSNIA AND HERZEGOVINA

Sunnah – tradition of Prophet Muhammad (pbuh) including his specific words,

Hadith - saying or an act or tacit approval or disapproval ascribed either validly

Ulema – Islamic scholars

Ummah - community or commonwealth

Shari’ah - the moral code and religious Law of Islam

Haram – action, which is forbidden to use or engage in, according to Islamic

Halal - action, which is permissible to use or engage in, according to Islamic

Sadaqa - Islamic term that means ‘voluntary charity’

Hijab - veil, which covers the hair and neck

Fiqh – Islamic jurisprudence

Khadi – Islamic judge

Surah - a division or a chapter of the Qur'an

Aya – verse in the Qur’an

Ihsan – a legal approach in which human being is most valuable

Ijma - consensus or agreement

Haqq – rights, but sometimes refers to duties as well

Imam – prayer leader in a mosque

Fatwa – (non-binding) ruling of Islamic scholars

1. HUMAN RIGHTS: BOTH UNIVERSAL AND RELATIVE.........................................13

1.1. UNIVERSAL VS. RELATIVE............................................................................................14

1.2. SOCIAL CONTRACT AND UMMAH...............................................................................24

1.3. MEANING(S) OF ‘RIGHT’................................................................................................27

1.4. HUMAN RIGHTS DECLARATIONS...............................................................................30

2. THE CHALLENGE OF ISLAM...........................................................................................36

2.1. UNDERSTANDING ISLAM...............................................................................................36

2.2. IS ISLAM DEMOCRATIC?...............................................................................................40

2.3. SOURCES OF HUMAN RIGHTS PROTECTION IN ISLAM......................................46

2.4. MEDINA’S CHARTER - FIRST HUMAN RIGHTS DOCUMENT?............................48

3. HUMAN RIGHTS IN ISLAM...............................................................................................51

3.1. HUMAN RIGHTS FROM QURANIC PERSPECTIVE.................................................51

3.2. (MIS)INTERPRETATIONS OF QUR’AN........................................................................66

3.3. WOMEN IN ISLAM............................................................................................................75

3.4. ISLAMIC STATE – PERFECTION OR NIGHTMARE?...............................................84

Since the very beginning of its adoption, the Universal Declaration of

members from various cultural, political and religious backgrounds would be

examines that very notion of universality of the Universal Declaration of Human

Islamic approach to human rights today, and the Declaration itself.

The question is still relevant: Is the declaration truly universal then? I

have collected different opinions in regards to this matter, by reviewing and

world, and in the West as well.

defend itself against modernization and democratization.’ 1 Samuel Huntington

including human rights, cannot go hand by hand.

Well, is it so? Are Islam and democratic principles really incompatible,

problematic in today’s world - Social and Economic rights. Therefore, my claim

The second research question is: How Islamic jurisprudence (and

human rights and especially to the Universal Declaration of Human Rights?

sunnah will be conducted.

toward human rights, possible be used/valued in the modern world? In order to

compatible, despite many issues and misunderstandings today, I have divided

my thesis in three chapters, plus the final conclusion.

prominent scholars in regards to this matter. Furthermore, four important human

rights declarations will be examined in this chapter - the Universal Declaration

of Human Rights (UDHR), the Islamic Declaration of Human Rights (IDHR),

and Programme of Action (VDHR).

The second chapter provides a historical basis for embarking this