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Integrating Universal Values Into Traditional Islamic Frameworks: Pluralism, Human

Rights, Gender Equality

Zaky Taqiyuddin Rahmat1

22410179@students.uii.ac.id

Abstract

This article provides a comprehensive analysis of Carool Kersten's book


"Contemporary Thought in the Muslim World: Trends, Themes, and Issues," focusing
on the debates around religious pluralism, human rights, and gender equality within the
Islamic context. Kersten explores the complexity of integrating universal values into
traditional Islamic frameworks, highlighting the diverse perspectives of scholars on
adapting Islam to modern societal demands. Key thinkers such as Mohammad Abed al-
Jabri, Abdolkarim Soroush, Khaled Abou El Fadl, Amina Wadud, Fatima Mernissi, and
Ziba Mir-Hosseini contribute to the discussion, advocating for reforms in Islamic law
and reinterpretation of sacred texts to address contemporary issues. The theoretical
framework of the book utilizes deontology-revelatory, contractualist-constructivist, and
consequentialist-utilitarian approaches to analyze moral obligations and social relations
in the Muslim world. The results of the research underscore the compatibility of human
rights with Islamic teachings, the prioritization of human rights over divine rights, and
the necessity of democratic principles and pluralism in Muslim societies. Comparative
references and critiques of the book are also discussed, emphasizing its significant
contribution to understanding contemporary Islamic thought and its challenges in
modernity. This article concludes by acknowledging the book's value in providing
profound insights into Islamic scholarship while suggesting areas for improvement to
enhance its accessibility and comprehensiveness.

Keywords: Religious Pluralism, Human Rights, Gender Equality, Contemporary


Islamic Thought.

1
Student of Faculty of Law UII

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A. Problem Statement

In this book, the debate around religious pluralism and tolerance in the Islamic
context is one of the main issues discussed in depth. Several thinkers highlight the
importance of understanding diversity of beliefs and accepting religious differences as an
integral part of an inclusive society. They emphasize that Islam, as a religion that carries a
message of peace and justice, must be able to adapt to this diversity. However, there are
also critical views of the concept of religious pluralism, which highlight the analytical
shortcomings and difficulties in distinguishing between individual beliefs and the teachings
of Islam as a universal religion.2 These critical views reflect the complexity of addressing
diversity of beliefs in contemporary Muslim societies, where the line between tolerance
and maintaining the purity of religious teachings is often blurred.

The issue of human rights was also a major focus of the discussion. Some thinkers
emphasized the need for reforms in Islamic law to ensure that human rights standards are
respected and properly implemented. This involved in-depth discussions on topics such as
gender equality, religious freedom, and other civil rights. The main challenge at hand is
how to integrate universal human rights values into the existing Islamic legal framework
without compromising fundamental religious principles. These thinkers argue that
inclusive and dialogical reforms can help bridge the gap between universal values and
traditional Islamic teachings.

In addition, the book also highlights the role of women in Muslim societies. The
discussion on gender equality and women's rights in Islam illustrates the complexity of the
relationship between religious teachings and social reality. Some thinkers emphasize the
importance of reinterpreting Islamic sacred texts to ensure the recognition and
implementation of gender equality and the protection of women's rights. They argue that
efforts to address gender disparities and champion women's rights must be undertaken
within the framework of Islamic values, taking into account the existing social and cultural
context. This reflects an ongoing effort to harmonize religious traditions with the demands
of social justice.

Overall, the book addresses the complex dynamics of contemporary thought in the
Islamic world. The challenge of integrating universal values such as pluralism, human

2
Carool Kersten, “Dealing With Difference And Plurality: Emancipation, Toleration, And Human Rights”,
(New York: Routledge, 2019)

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rights and gender equality into traditional Islamic frameworks requires an inclusive and
dialogical approach. The book provides an in-depth insight into the various perspectives
that exist in dealing with changes and challenges in the contemporary Islamic world, as
well as highlighting the importance of dialogue and reform in creating a more just and
harmonious society.

B. The Prior Research On Topic

Previous research conducted on the topics in the book "Contemporary Thought in the
Muslim World" by Carool Kersten includes various studies that enrich the discussion on
pluralism, human rights and gender equality in the Islamic context.

a. Pluralism and Tolerance

The debate on pluralism and tolerance in Islamic thought was influenced by


philosophers such as Mohammad Abed al-Jabri. Al-Jabri pointed out that there is a
tension between the universal application of human rights and different cultural
contexts. He emphasized that both European and Islamic cultures have the same
philosophical principles, so that cultural specificity and the universality of human rights
can go hand in hand. This approach seeks to bridge the gap between modern views of
human rights and traditional Islamic thought by showing that the two can support each
other.

b. Human Rights

Research on human rights in Islam has been widely discussed by scholars such as
Abdolkarim Soroush and Khaled Abou El Fadl. Soroush argued that Islamic law should
not only focus on legal aspects, but also on descriptive and epistemological aspects.
This makes it possible to combine modern concepts of human rights with traditional
Islamic principles.

Khaled Abou El Fadl assessed the suitability of the Universal Declaration of Human
Rights (UDHR) with Islamic views. He emphasized that the sanctity of human life,
which is the main principle in the goals of sharia (maqasid al-shari'a), is in accordance
with the basic moral commitment of human rights. Abou El Fadl argues that while there
is a specific view of human rights in Islam, it must be understood in a broader
philosophical and religious context.

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c. Gender Equality

Discussions on gender equality and women's rights in Islam were strengthened by the
contributions of Muslim feminists such as Amina Wadud, Fatima Mernissi, and Ziba
Mir-Hosseini. These scholars proposed a reinterpretation of Islamic texts to address and
remedy gender inequality. Wadud focuses on the Qur'an and encourages an analytical
approach to text to challenge patriarchal interpretations. Mernissi critically examines
the hadith to expose and counter traditions that are detrimental to women. Mir-Hosseini
spoke about Islamic law and the importance of a more progressive interpretation of
sharia to ensure women's rights are respected.

Islamic feminism has flourished since the early 20th century with figures such as Qasim
Amin and Huda Sha'arawi championing women's education and rights from a
nationalist and religious perspective. This initial effort became the basis for
contemporary feminist studies that continue to challenge and reinterpret traditional
Islamic teachings in favor of gender equality in Muslim society.

The book highlights how complex it is to incorporate universal values such as


pluralism, human rights, and gender equality into traditional Islamic thought. This
integration requires an inclusive and dialogical approach, as the various views of the
scholars mentioned indicate. Their works together help understand how contemporary
Islamic thought can evolve to meet modern challenges while remaining true to its basic
principles.

Overall, previous research on these topics has shown a dynamic interaction between
tradition and modernity. This highlights the potential for a progressive interpretation of
Islamic thought in favor of pluralism, human rights, and gender equality. This academic
effort is important to address the complexities and challenges faced by Muslim society
today.

C. The Theoritical Framework

In the book "Contemporary Thought In The Muslim World: Trends, Themes, And
Issues" by Carool Kersten, there are three main approaches used to analyze contemporary
Islamic thought, especially in the context of social, political, and intellectual change. Here
are three approaches explained more simply:

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1. Deontology-Revelatorial Approach

This approach focuses on moral obligations derived from sacred texts and sharia law.
That is, all moral rules are taken directly from God's revelation. Scholars who support
this approach believe that human moral obligation derives from theological doctrines
such as 'barā'a asliyya' (fundamental rejection). However, this approach has its
drawbacks because it does not recognize moral obligations that are not stated in the text
of revelation. This makes moral dialogue difficult because all commands are thought to
come from revealed texts, which do not always provide specific guidance for the rights
and obligations of Muslims outside of Islamic government.

2. Contractualist-Constructivist Approach
This approach emphasizes the importance of contracts and social agreements in
determining moral obligations. The value of shared security is often used in classical
Islamic law to respect the interests of non-Muslims living in non-Muslim lands.
However, this approach is also limited because it only focuses on fulfilling the contract
literally. That is, moral obligations and care for others are based only on the agreed
contract.
3. Consequentialist-Utilitarian Approach
This approach is more pragmatic and tries to work together socially in a broader way.
This approach centers on how accepting certain social and political facts can benefit
Muslims. For example, the concept of 'fiqh al-muwazanat' (the law of balance)
developed by Yusuf al-Qaradawi tries to manage relations with non-Muslims not only
on a contractual basis but also through the teaching of Islam (daʿwa). This approach
tries to expand relations with non-Muslims outside the contract, but remains limited in
terms of full recognition of the rights of religious minorities in the Muslim world.

Overall, the book uses a variety of approaches to understanding moral obligations and
social relations in the context of today's Muslim world. This book provides an in-depth
analysis of how various theological and jurisprudential approaches attempt to address the
challenges of religious pluralism and social interaction in an ever-changing society. This
approach helps us understand the complexity and diversity in contemporary Islamic
thought.

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D. The Result Of The Research
a. Human Rights in an Islamic Perspective

Khaled Abou El Fadl examines human rights from an Islamic point of view, comparing
the Universal Declaration of Human Rights (UDHR) with the Cairo Declaration on
Human Rights in Islam (CDHRI). He emphasized that the UDHR is a positive law that
applies through agreement between countries, while the rights in it have strong moral
values, similar to natural law. According to him, human rights have a greater normative
value than just a political process, and because this concept respects human life, there
is harmony with the goals of Islamic law (maqasid al-shari'a).

This highlights that the principles of universal human rights do not contradict the
teachings of Islam. Some scholars argue that values such as justice, freedom, and
equality are integral to Islamic teachings and should be applied in a modern context to
ensure that individual rights are respected and protected.

b. The Priority of Human Rights over God's Rights

In Islamic studies, Abou El Fadl found that human rights (huquq al-ʿibad) are often
considered more important than the rights of God (huquq Allah). This is in contrast to
the view that puts revelation first in Islamic law. In the 12th century, Islamic
philosophers and jurists debated whether basic human rights came from man's ability
to distinguish right from wrong, or whether they all came from divine command. This
debate also appears in other philosophical and religious traditions.

This shows that in Islam, the fulfillment of human rights is often prioritized, reflecting
that the principles of justice and social welfare can be found in Islamic teachings. This
supports the argument that human rights can be integrated with Islamic law.

c. Reformation of Islamic Thought on Democracy and Human Rights


Thinkers such as Mohammed Abed al-Jabri and Abdullahi an-Na'im have contributed
greatly to the reform of Islamic thought on democracy and human rights. Al-Jabri
emphasized the importance of separation of powers and protection of individual rights
in the context of Islamic democracy. He also discussed how democratic principles can
be in line with Islamic values, stressing that modernity does not have to go against
Islamic traditions.

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This highlights the growing support among Muslim intellectuals for a democratic
system and inclusive political participation. They argue that democratic principles can
be found in the shura (consultation) tradition advocated in Islam and encourage the
active participation of Muslims in the political process.

d. Pluralism and Interreligious Solidarity


Farid Esack and other thinkers explored the concepts of pluralism and interreligious
solidarity. In his book "Qur'an, Liberation & Pluralism", Esack highlights the
importance of interfaith solidarity in the face of injustice. He stated that the Qur'an
encourages cooperation between religious people to fight for social justice. Esack also
emphasized that pluralism is an important part of Islam and that efforts to build
solidarity should be based on respect for differences.
This shows that there is a significant effort within the Muslim community to encourage
pluralism and interfaith dialogue. This approach is important for creating social
harmony and understanding religious differences as part of peaceful coexistence.
e. Criticism of the Reason of Pluralism

Nur Khalik Ridwan criticized the way pluralism is often used in Islam, which he calls
"bourgeois pluralism". Ridwan argues that pluralism is often used by the bourgeois elite
to maintain the status quo, not as a sincere effort to achieve social justice and equality.
He emphasized the need for a new approach in Indonesia's Islamic society that is more
pro-people and focuses on social justice.

This research emphasizes the importance of modernizing Islamic law to be more


relevant to the contemporary context. Muslim intellectuals argue that Islamic law should
be updated to reflect social and cultural changes, taking into account universal values and
local contexts in their application.

This research also shows how contemporary thinking in the Islamic world seeks to
answer the challenges of modernity, democracy, human rights, and pluralism.
Contemporary Islamic thinkers seek to combine traditional Islamic values with modern
principles, with the goal of creating a more just and inclusive society.

E. The Comparative References On Topic

In Carool Kersten's exploration of contemporary Islamic thought, some additional


references provide a broader and deeper view of the topics discussed. These references

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show the diversity and development of modern Islamic scholarship, showing how
traditional Islamic values can be adapted to modern principles to create a more just and
inclusive society.

1. Human Rights in an Islamic Perspective


Mashood A. Baderin in his book "International Human Rights and Islamic Law"
emphasizes the importance of interpreting Islamic texts with the right context to support
human rights. Baderin argues that values such as justice and equality contained in
international declarations of human rights are also found in the basic principles of
Islam.3 This is in line with Khaled Abou El Fadl's view that human rights and Islamic
law can be compatible with each other.
Abdullahi Ahmed An-Na'im in his book "Islam and the Secular State: Negotiating the
Future of Shari'a" argues that in order to apply human rights principles in Muslim-
majority countries, there needs to be a separation between religion and the state. He
proposed a model of a secular state that still respects Islamic values while allowing for
adjustment to international human rights standards.4 It emphasizes that human rights
can be integrated with Islamic law, but there needs to be structural changes in the system
of government in Muslim countries.
2. The Priority of Human Rights over God's Rights
Mohammad Hashim Kamali in his book "Principles of Islamic Jurisprudence" explains
the concept of maqasid al-shari'a (sharia purpose) which emphasizes the importance of
protecting basic human rights. Kamali highlighted that many classical Islamic jurists
have prioritized human rights in a social context, supporting the view that the principles
of social justice exist in the teachings of Islam.5
Khaled Abou El Fadl in his book "Islam and the Challenge of Democracy" explores the
relationship between democracy and Islamic law, emphasizing the importance of
prioritizing human rights to achieve justice in Islamic society. He argued that
interpreting religious texts in the appropriate context is essential to support democracy.6
This shows that human rights are often prioritized in Islam and that Islamic law can be
harmonized with democratic principles.

3
Mashood A. Baderin, International Human Rights and Islamic Law, (Oxford: Oxford University Press,
2003), 302.
4
Abdullahi Ahmed An-Na’im, Islam and the Secular State Negotiating the Future of Shari'a." (Cambridge:
Harvard University Press, 2008)
5
Mohammad Hashim Kamali, “Principles of Islamic Jurisprudence”, (Malaysia: Islamic Texts Society, 2003)
6
Khaled Abou El Fadl, “Islam and the Challenge of Democracy”, (Boston: Princeton University Press, 2004)

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3. Reformation of Islamic Thought on Democracy and Human Rights
John L. Esposito and John O. Voll in their book "Islam and Democracy" discuss various
reform efforts in the Muslim world to integrate democratic principles with Islamic
values. They emphasized the importance of separation of powers and the protection of
individual rights as key components in Islamic democracy.7 This view is in line with
the views of al-Jabri and An-Na'im who show that the principles of democracy can be
found in the Islamic tradition and that modernity does not have to be contrary to Islamic
values.
Robert W. Hefner in his book "Civil Islam: Muslims and Democratization in Indonesia"
explores the democratization process in Indonesia, highlighting how inclusive Islamic
thought has supported broader political participation and democracy. Hefner points out
that the shura tradition in Islam can support democratic principles.8 This reinforces the
view that democracy and inclusive political participation can be in line with Islamic
values, such as those endorsed by al-Jabri and An-Na'im.
4. Pluralism and Interreligious Solidarity
Osman Bakar in his book "The Qur'an on Interfaith and Inter-Civilizational Dialogue:
Interpreting a Divine Message for Twenty-First Century Humanity" examines how the
Qur'an supports interfaith dialogue and cooperation to achieve social justice. Bakar
pointed out that the principles of pluralism in the Qur'an encourage cooperation and
respect for religious differences.9
Farid Esack in his book "The Qur'an: A User's Guide" highlights that the Qur'an
encourages dialogue and solidarity between religions as a way to confront social
injustice. He also emphasized that pluralism and respect for differences are at the core
of Islamic teachings.10 It reinforces the view that efforts to build solidarity should be
based on respect for religious differences, as advocated by Esack.
5. Criticism of the Reason of Pluralism
Abdullah Saeed in his book "Interpreting the Qur'an: Towards a Contemporary
Approach" offers a contemporary approach in interpreting the Qur'an, criticizing

7
John. L Esposito, John. O Voll, “ Islam And Democracy, (New York : Oxford University Press, 1996)
8
Robert. W Hefner, “ Civil Islam: Muslims and Democratization in Indonesia”, (Princenton: Princenton
University Press, 2000)
9
Osman Bakar, “The Qur'an on Interfaith and Inter-civilization Dialogue: Interpreting a Divine Message for
Twenty-first Century Humanity”, (Malaysia: International Institute of Islamic Thought Malaysia and Institute for
Study of the Ummah and Global Understanding, 2006)
10
Farid Esack, “The Qur’an: A User’s Guide”, (England: Oneworld Publications, 2005)

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traditional and conservative ways of understanding pluralism. Saeed emphasized the
need for a more inclusive approach and relevant to the modern social context.11 It
supports Ridwan's criticism of "Bourgeois Pluralism" and highlights the need for a
more pro-people approach and a focus on social justice in Islamic society.
Fazlur Rahman in his book "Islam and Modernity: Transformation of an Intellectual
Tradition" explores how Islamic intellectual traditions can be adapted to respond to the
challenges of modernity, including in terms of pluralism and social reform. Rahman
emphasized the importance of critical and contextual thinking in interpreting Islamic
teachings.12 It supports the view that Islamic law must be updated to reflect social and
cultural changes, supporting Ridwan's criticism of pluralism that is only used to
maintain the status quo.

These references as a whole provide a comprehensive view of how contemporary


Islamic thought has evolved to integrate traditional values with modern principles of human
rights, democracy, and pluralism, thereby contributing to the creation of a more just and
inclusive society.

F. The Contribution To Knowledge

The book "Contemporary Thought in the Muslim World: Trends, Themes, and Issues"
by Carool Kersten makes a significant contribution to the understanding of human rights
and pluralism in the context of Islam. The exploration of these themes is essential to address
contemporary issues faced by Muslim societies, especially regarding women's legal and
social positions, gender equality, and acceptance of religious diversity.

1. Human Rights and Pluralism

The book discusses the position of Muslim law in minority situations and broader issues
related to freedom of religion, belief, and expression, all of which are important for
human rights. Khaled Abou El Fadl's criticism of conservative views on women
highlights the tension between traditional jurisprudence and modern human rights
standards. This chapter emphasizes the debate about whether the liberation of

11
Abdullah Saeed, “Interpreting the Qur'an Towards a Contemporary Approach”, (London: Routledge, 2005)
12
Fazlur Rahman, "Islam and Modernity: Transformation of an Intellectual Tradition.", (London: Chicago
Press, 1982)

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marginalized groups should be guided by universal human rights standards or by the
various Islamic Declarations of Human Rights issued since 1981.

2. Women's Rights and Gender Equality

Muslim feminists such as Amina Wadud, Fatima Mernissi, and Ziba Mir-Hosseini have
contributed substantially to the discourse on women's rights in Islam. Their work
challenges the traditional interpretations of Islamic texts that have been used to justify
gender inequality. Wadud's "tawhidic" paradigm and Mernissi's critique of the
misogynistic narrator of hadith are examples of how these scholars used Islamic sources
to fight for gender equality.

3. Epistemology and Legal Practice Meeting

The meeting of epistemology with legal, political, and theological questions is a


recurring theme in this book. This is seen in the work of Ziba Mir-Hosseini, who
examines how concepts such as qiwamah (male authority) and territory (male
preservation) have been constructed and how they can be reinterpreted in favor of
gender equality. The book also highlights the contributions of contemporary scholars
who seek to harmonize Islamic principles with modern human rights standards.

4. Pluralism and Diversity

Recognition and acceptance of diversity in the context of Islam is another important


theme. This book discusses how Muslim societies can embrace pluralism while
remaining true to their religious and cultural values. This includes the role of Islamic
feminism in fighting for women's rights and its broader implications for social and
religious plurality.

G. The Reviewer Critique Toward the Book

Carool Kersten's book "Contemporary Thought in the Muslim World: Trends, Themes,
and Issues" provides a comprehensive overview of the schools of thought that shape
the Islamic world today. However, there are several things that can be criticized,
including:

a. While Kersten provides a broad overview of various themes and issues, some parts feel
in-depth. For example, the discussion of pluralism and human rights is quite long but
sometimes lacks the details and complexities that exist in this debate.

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b. This book seeks to cover a wide range of perspectives, but it may not yet fully represent
the diversity in the Muslim world. Some important voices, especially from non-Arab
territories, may be less visible. This can make the picture of contemporary Islamic
thought a bit biased.
c. Kersten manages to connect contemporary debates with his historical context.
However, sometimes historical narratives are more dominant than current analysis, so
it may be difficult for readers to see a direct connection between past and present
developments.
d. The book's approach to combining various disciplines is good, but sometimes it makes
the narrative feel disjointed. The integration of these various scientific insights,
although enriching, sometimes interferes with the flow and clarity of arguments.
e. Although Kersten strives to make complex ideas easier to understand, the book still
feels heavy and difficult to follow for readers who do not have a background in Islamic
studies. Simplifying some of the theoretical discussions could make this book more
appealing to more people.

In conclusion, "Contemporary Thought in the Muslim World" is a valuable


contribution, providing a profound insight into the changing thinking in the Islamic world.
However, by overcoming these criticisms, the book can become stronger and easier to
understand.

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References

An-Na'im, A. A. (2008). Islam And The Secular State Negotiating The Future Of Shari'a. Cambridge:
Harvard University Press.

Baderin, M. A. (2003). International Human Rights And Islamic Law. Oxford: Oxford University Press.

Bakar, O. (2006). The Qur'an On Interfaith And Inter-Civilization Dialogue: Interpreting A Divine
Message For Twenty-First Century Humanity . Malaysia : IITM And Institute For Study Of The
Ummah And Global Understanding.

Esack, F. (2005). The Qur'an: A User Guide. England: Onewold Publications.

Fadl, K. A. (2004). Islam And The Challenge Of Democracy. Boston: Princenton University Press.

Hefner, R. W. (2000). Civil Islam: Muslims And Democratizations In Indonesia. Princention :


Princention University Press.

John. L Esposito, J. O. (1996). Islam And Democracy . Oxford: Oxford University Press.

Kamali, M. H. (2003). Principles Of Islamic Jurisprudence. Malaysia: Texts Society.

Kersten, C. (2019). Dealing With Difference And Plurality: Emancipation, Toleration, And Human
Rights. New York: Routledge.

Rahman, F. (1982). Islam And Modernity: Tranformation Of An Intellectual Tradition. London: Chicago
Press.

Saeed, A. (2005). Interpreting The Qur,an Towards A Contemporary Approach . London: 2005.

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