Tensions Between the Universal Concept of Human Rights and Islamic law – Legal Theory Perspectives

The author applies different legal theories to understand the tension between human rights and Islamic law, and how this tension can be alleviated for greater convergence between the two.


By Shafeea Riza, 22nd September 2013

Introduction

The globalization of human rights through international human rights law systems has received a varying response from the Islamic states. The international human rights law norms, which is provided in the International Bill of Human Rights is contended to entail a universal concept which exemplify the position of public international law on human rights1. In contrast, Islamic law constitutes its very own concept of human rights and related duties2. The tension, therefore, between a universal concept of human rights and Islamic traditions is apparent. Despite the tension, it appears that Islamic states remain receptive to international human rights law instruments3.

Continue reading