Gender And Human Rights In Islam And International Law Pdf
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Women are entitled to enjoy the same human rights and fundamental freedoms as other individuals.
- Islamic Law and Human Rights
- Islamic Law and International Human Rights Law
- The Organization of Islamic Cooperation’s declaration on human rights: Promises and pitfalls
- Islamic Law and Human Rights
Islamic Law and Human Rights
This article explores the question of whether Islamic law and universal human rights are compatible. It begins with an overview of human rights discourse after the Second World War before discussing Islamic human rights declarations and the claims of Muslim apologists regarding human rights, along with challenges to Muslim apologetics in human rights discourse.
It then considers the issues of gender and gender equality, feminism, and freedom of religion in relation to human rights. Keywords: Islamic law , universal human rights , Muslim apologetics , gender , gender equality , feminism , freedom of religion , Muslims. The question of whether Islam and universal human rights are compatible has been posed frequently by scholars in the late twentieth and early twenty-first centuries.
Yet others esteem the Islamic tradition as the highest manifestation of human rights, and engage in apologetic explanations of the human rights components of the classical tradition.
In order to better comprehend the genesis and diversity of scholarship associated with this topic, this chapter examines post-Second World War human rights discourse and Muslim responses in a way that contextualizes the specific areas of conflict and agreement. Historically, many Muslims have adopted the human rights discourse of inviolability to advocate for religious freedom and gender equality, while others, particularly Muslim religious and political elites, have used the human rights discourse of dignity to argue for religious exclusivism and respect for patriarchal norms.
These disagreements have illumined the legacy of the modern western rights tradition p. These tensions are reflected in particular declarations and treatises that address human rights from an Islamic perspective, and in scholarship that deals with this topic. These four descriptions are not exhaustive, and some thinkers and groups may fit more than one description. Overall, these categories are useful ways of thinking about persistent trends in the discourse of human rights and Islam.
The economic and political international turmoil that culminated in two world wars led to the founding in of the United Nations UN in San Francisco and the ensuing Charter of the United Nations. The adoption of the Universal Declaration of Human Rights UDHR in responded to the need to articulate a set of moral and legal criteria that could affirm the dignity and inviolability of the human person. The atrocities of fascism and Nazism, specifically the Holocaust, provided the immediate context for such a document.
Johannes Morsink explained how various articles of the Declaration were drafted specifically in reaction to Nazi practices and legal policies. For example, Articles 6 through 12 of the UDHR treated legal human rights, which recognized that leading up to and during the war, German law had been thoroughly Nazified. The need to protect individuals from racist discrimination, whether it was directly enforced or tacitly supported by the state, extended beyond the European context. Legalized racial segregation proliferated in both mid-twentieth-century p.
The drafting process of the Declaration —48 coincided with the breakup of colonial empires, and representatives from former colonies raised questions about how best to apply human rights to members of then-present or former colonial territories. The creation of the UDHR stands out as a watershed moment in western conceptions of rights, mainly because of its international character as a response to atrocities carried out on a massive scale.
The Declaration represents a departure from a European model of political rights held by persons by virtue of their citizenship in a specific territory or country. The political organization of the modern state has remained central to the protection of international human rights. The norm of state sovereignty meant that the state was not obligated to protect the same human rights of foreigners, for example.
Donnelly explained that this view of human rights has strong roots in liberal social contract theory, and that the modern sovereign state paradoxically poses both the greatest threat to human rights as well as the greatest potential for the effective implementation of rights.
Prior to , there were seven drafting stages to the document. The process of achieving an international consensus was important for the legitimacy of the UDHR. Scholars in the early twenty-first century have made an effort to better understand Islamic voices in the drafting of the Declaration. Delegates from Muslim majority states participated in, and actively supported the creation of the UDHR. As Irene Oh observed, however, this does not mean that the language of human rights in this document and in other related international treatises represented accurately the views of all Muslims.
In her survey of UN records during the period from —66, Waltz identified five central issues of focus for delegates who identified themselves and their countries with the Islamic tradition: religious freedom and the right to change religion; gender equality in marriage; social justice and the indivisibility of rights; the right to self-determination; and measures of implementation. The Saudi delegate to the UN, Jamil Baroody, was actively involved in the twenty-year process which culminated in the passing of the two covenants.
His refusal to vote in favor of the UDHR had more to do with disagreement on issues involving gender equality in marriage and religious freedom the subjects of Articles 16 and 18, respectively than with any disagreement about the project of human rights per se.
Baroody submitted an amendment that had two concerns, related to the full age requirement and to the requirement of equal rights during marriage and at its end. Specifically, he did not accept the language regarding the right of persons to change religion or belief and wanted to omit it from the article. The question of universal human rights and their relationship to Islamic principles and legal and moral traditions did not disappear after the adoption of the UDHR and the two covenants.
Political leaders and visionaries from Muslim majority countries and from within minority contexts continued to think about the distinctive contributions of the Islamic tradition to human rights discourse. The drafting and reception of international human rights documents should be placed in their respective geopolitical contexts. Ann Elizabeth Mayer argued that many majority Muslim countries viewed western legal systems and the enterprise of universal human rights with more skepticism after the Arab—Israeli war of This event served as a major catalyst not only because it consolidated a critique of western military hegemony, but also insofar as it occasioned an internal critique of secular pan-Arab movements.
In the period following , external human rights organizations such as Amnesty International were critical of the ways that some Muslim majority countries were not in compliance with certain provisions of the UDHR. As a declaration, the UDHR was not intended to have legally binding force, and many of its goals were understood as aspirational.
This factor was significant for the appropriation and adaptation of human rights discourse in Muslim contexts for two reasons. First, non-compliance with certain provisions of the Declaration could not be legally punished. Second, the format of the Declaration provided room for Muslim states to engage in their own formulations of human rights—both as a form of resistance to western hegemony and as a constructive assertion of Islamic values.
Thus it is useful to examine specific Islamic political bodies and human rights documents and their relation to the broader international human rights sphere, as well as some critical assessments of them. In contrast to the UDHR, the opening paragraph of the document p. The Cairo Declaration reiterated some of the dissenting arguments given by some delegates of Muslim majority countries in the drafting of the UDHR.
Specifically, the document expressed notable disagreements with the UDHR in articles dealing with gender, the family, religious freedom, and importantly, self-determination. In Article 6 of the Cairo Declaration, it is stated that although women and men are equal in human dignity, each gender has distinct rights and duties to perform consonant with the classical Islamic legal tradition. Second, there is an assumption of legal relativism: every culture is allowed their own declaration of rights according to their traditions and sacred sources.
Third, the framing of the document in this way serves as a cogent reminder that human rights frameworks, whether Islamic or secular, are hardly devoid of philosophical or theological arguments about the human person, her purpose, and her relationship with her community.
This last point is not to suggest, however, that international consensus on rights is useless or meaningless. Islamist groups largely represented those at the Council, and many of the representatives were engaged in political opposition to repressive Muslim regimes.
Muhammad Khalid Masud argued that the Cairo Declaration was drafted in part as a response to the UDHR, although both documents differed substantially with the UDHR on matters of religious freedom, penal laws, marriage, and holding public office. The areas of grievance pertain to European colonization of traditionally Muslim lands, and the ensuing imposition of European legal structures; the impact of European law on Muslim family law; and the European Christian missionaries who converted, or attempted to convert, Muslims.
In the postcolonial period, the disenfranchisement of Muslims related to participation in the development of international human rights—a disenfranchisement resulting from western political and economic hegemony, combined with negative media portrayals of Islam in western countries.
He also discussed the difference between general international human rights, and the rights of citizens in an Islamic state, which he claimed were more extensive. Several scholars have found wanting the claims of Mawdudi and other Muslim apologists in the area of Islamic human rights. Her normative claim was that Western Enlightenment philosophy is more coherent in terms of providing a foundation for human rights.
The ideal of an Islamic state, in which leaders govern by Islamic law and order public life to reflect that system, gained some popularity in the twentieth century among political Islamists and in a relative few cases, it led to the founding of religious states the Islamic Republic of Iran serves as a prominent example. According to Mayer, most apologetic Muslim rights theorists who were invested in a conception of the Islamic state, such as Mawdudi, failed to grasp the potential of the state to violate individual human rights.
Mayer attributed this failure to an inability to be critical of the deficiencies of religious belief. Her targeting of religion as opposed to human rights may be misplaced, insofar as the issue is not the inherent deficiency of religious legal systems and ideas, but rather the dangers of political and religious authoritarianism. Other criticisms of Islamist human rights schemes come from voices within the Islamic tradition.
Some accounts focus on the way that apologists have used a separate scheme of Islamic human rights to disguise or perpetuate abuses.
Yet such policies and legislation are difficult to resist or p. This example provides a warning against the totalitarian aspirations of some Islamists for the complete unity of state power and Islamic belief.
Some Muslim scholars attribute the underlying reasons for discord between human rights and Islam to specific historical dynamics involving western dominance and the destruction of traditional Muslim authorities in the colonial and postcolonial period. In this work he maintained that the sources and methods of Islamic law can be fruitfully employed in contemporary human rights discourse.
In making the case for a maslaha approach to human rights, Baderin did not attempt to resolve long-standing disagreements between western and Islamic countries on matters concerning either gender and the family or the treatment of religious minorities. Rather, Baderin has endorsed a kind of legal pluralism wherein Muslims can draw from religious principles in shaping their legal and social arrangements.
As mentioned previously, the Saudi delegate Baroody contested the right to freedom of religion during the drafting and adoption of the UDHR, as did later Islamic organizations that drafted human rights treaties.
An enduring question for many scholars in the Muslim world was whether freedom of religion meant the right to change belief. Article 9 of the Cairo Declaration stipulates that the state is required to allow for education enumerated, albeit differently, in UDHR Article 26 , specifically education in becoming acquainted with the religion of Islam.
Just as there is no one Islamic perspective on human rights, there is no singular Islamic perspective on religious freedom. There was diversity among Muslims on this point, however: another Pakistani delegate, Khan, argued that Islamic sources could support Article 18 as drafted. Some scholars have identified a Protestant bias in American practices of church—state separation, which they argue has framed in normative and hegemonic terms the way that we understand rights as involving freedom of religion.
Thus, the matter of religious freedom both in the Muslim world and elsewhere continues to be the subject of debate. But historical evidence demonstrates that not all Muslims are suspicious of a concept of religious freedom, and in fact, many support it as a human right. A central focus of the UDHR and international covenants is the protection of the individual.
Gender, Human Rights, and Islamic Feminisms. The equality of women and men has been an important and also a contentious component of scholarly debate on Islam and human rights. As previously noted, this topic has served as a central point of departure for Islamist human rights frameworks. Although the focus of this section is primarily Muslim arguments about gender equality, several non-Muslim majority countries have expressed strong reservations about international treaties involving gender equality as well.
Authors writing from a postcolonial perspective have frequently been critical of western frameworks of universal rights that ignore the substantial differences in economic, political, and social power that characterize groups of people.
Postcolonial critics have observed that colonial empires were content to violate human rights when it served their economic and political interests. Not all postcolonial critics have argued against the possibility of universally recognizable human rights, but p. Thus, despite the language of equal rights in the UDHR, the economic and social marginalization of Muslim-majority countries by western countries, as well as the social marginalization of Muslim minorities in some western countries, has indicated a persistent failure to recognize the equal rights of Muslims.
With regard to religion generally and Islam specifically, Mohanty asserted that feminist scholars who study other religious and cultural traditions should recognize a plurality of interpretations within a tradition. Fatima Mernissi also examined gender, human rights, and Islamic culture through the lens of postcolonial politics. While the concept of western individualism was a foreign cultural construct, the idea of the individual rights of women deeply unsettled cultural norms and practices.
The idea that Islam was inherently inimical to women gained currency during the colonial period, but its effects have been far-reaching into the twentieth and twenty-first centuries.
In her article, Mir Hosseini traced the development of an indigenous Islamic feminism in post-revolutionary Iran, noting that the feminism embraced by a strong contingent of Iranians was not the same as the colonial feminism described above. Islamists who argue against gender equality, both in public and in the home, often rely on a premodern vision of Islam. Mir Hosseini observed that as a result, the gap between notions of gender justice and rights in the Islamic legal tradition and international declarations addressing gender justice widened in the twentieth century.
These women p. However, her study reveals the significance of situating the analysis contextually. While this contextualized scholarship offers considerable insights into the operation of Islamic law in highly contested spaces of life, it nonetheless raises a moral general question about the relation between civil law and Muslim communities in countries where Muslims live as religious minorities.
Islamic Law and International Human Rights Law
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The United Nations U. In addition to these global initiatives, complementary declarations were developed by regional organizations including the Organization of American States, Organization of African Unity, and Council of Europe. Under the umbrella of the Organization of Islamic Cooperation OIC; formerly the Organization of Islamic Conference , Muslim states revisited these concepts in the s to draft their own instrument. Turan Kayaoglu Former Brookings Expert. Not to mention, the organization co-opted the language of Sharia in the document to empower states and ensure national sovereignty. Although the ODHR better reflects principles rooted in international human rights law, it falls short on issues related to family values, freedom of speech, and political participation.
3 Further,. Muslim women would also be aware of gender-based limitations that the Islamic state imposes on them. 4. Shari'a's strict classifications of territories in.
The Organization of Islamic Cooperation’s declaration on human rights: Promises and pitfalls
Skip to search form Skip to main content You are currently offline. Some features of the site may not work correctly. Ali Published Political Science. It explores the disparity between the theoretical perspective on women's rights and its application to Muslim jurisdictions, determined by elements of cultural practices, socio-economic Read more Save to Library.
Islamic Law and Human Rights
International human rights law and gender equality: elements of a rights-based approach. Some critical issues relating to the scope and application of human rights. The role of multilateral and bilateral entities in realizing human rights at the national level. During this decade there has been a significant shift in approach to women's advancement and empowerment.
Some proponents of human rights are deeply sceptical of Islam and religion in general for that matter. They argue that the two are inherently incompatible. But this is not all there is to say about Islam and human rights. If we listen to some of the many Muslim voices in contemporary human rights debates, a much more nuanced picture emerges. There are at least four different positions among Muslim state actors, civil society organisations and intellectuals today.
Although ideas of rights and dignity of human beings can be traced to antiquity, modern human rights originated in the wake of the European Enlightenment. The American Declaration of Independence and the French Revolution ushered in processes that some years later culminated in human rights being proclaimed as universal entitlements of all individuals. Contemporary human rights theory is based on three axioms: one, that human rights are universal and belong to all individuals, irrespective of their religion, ethnicity, gender or sexuality; two, that human rights are absolute and innate, not grants from states or some metaphysical authority; three, that they are the properties of individual subjects who possess them because of their capacity for rationality, agency and autonomy. The UN Charter and the Universal Declaration of Human Rights UDHR obliges states to protect the human rights of their populations and provide redress of their violation through appropriate judicial procedures. However, since the UN system recognises states as sovereign entities, the concomitant non-interference principle has, in practice, meant that the human rights situation varies from country to country, and even those countries that have formally ratified UN treaties on human rights can get away with violation of those commitments with formal protests from UN monitoring agencies.
Gender and Human Rights in Islam and International Law This important study offers a conceptual analysis of gender and human rights under Islamic law, state law and international law, and extends this View PDF Flyer.
This article explores the question of whether Islamic law and universal human rights are compatible. It begins with an overview of human rights discourse after the Second World War before discussing Islamic human rights declarations and the claims of Muslim apologists regarding human rights, along with challenges to Muslim apologetics in human rights discourse. It then considers the issues of gender and gender equality, feminism, and freedom of religion in relation to human rights. Keywords: Islamic law , universal human rights , Muslim apologetics , gender , gender equality , feminism , freedom of religion , Muslims. The question of whether Islam and universal human rights are compatible has been posed frequently by scholars in the late twentieth and early twenty-first centuries. Yet others esteem the Islamic tradition as the highest manifestation of human rights, and engage in apologetic explanations of the human rights components of the classical tradition.
Some proponents of human rights are deeply sceptical of Islam and religion in general for that matter. They argue that the two are inherently incompatible. But this is not all there is to say about Islam and human rights. If we listen to some of the many Muslim voices in contemporary human rights debates, a much more nuanced picture emerges. There are at least four different positions among Muslim state actors, civil society organisations and intellectuals today. Some flat out reject the whole concept of human rights.
Some proponents of human rights are deeply sceptical of Islam and religion in general for that matter.
В любой другой реальности было бы куда больше здравого смысла. Я, университетский профессор, - подумал он, - выполняю секретную миссию. Бармен с любезной улыбкой протянул Беккеру стакан: - A su gusto, senor. Клюквенный сок и капелька водки.
Да. К счастью, Дэвид это обнаружил. Он проявил редкую наблюдательность. - Но ведь вы ищете ключ к шифру, а не ювелирное изделие. - Конечно.
Темнота коридора перетекла в просторное цементное помещение, пропитанное запахом пота и алкоголя, и Беккеру открылась абсолютно сюрреалистическая картина: в глубокой пещере двигались, слившись в сплошную массу, сотни человеческих тел. Они наклонялись и распрямлялись, прижав руки к бокам, а их головы при этом раскачивались, как безжизненные шары, едва прикрепленные к негнущимся спинам. Какие-то безумцы ныряли со сцены в это людское море, и его волны швыряли их вперед и назад, как волейбольные мячи на пляже. Откуда-то сверху падали пульсирующие стробоскопические вспышки света, придававшие всему этому сходство со старым немым кино.
- Его столкнул вниз Стратмор.
Прошу прощения. Офицер покачал головой, словно не веря своим глазам. - Я должен был вам рассказать… но думал, что тот тип просто псих. - Какой тип? - Беккер хмуро взглянул на полицейского.
Как танцор, повторяющий отточенные движения, он взял чуть вправо, положил руку на плечо человеку в пиджаке цвета хаки, прицелился и… выстрелил. Раздались два приглушенных хлопка. Беккер вначале как бы застыл, потом начал медленно оседать. Быстрым движением Халохот подтащил его к скамье, стараясь успеть, прежде чем на спине проступят кровавые пятна. Шедшие мимо люди оборачивались, но Халохот не обращал на них внимания: еще секунда, и он исчезнет.
19: ОШИБКА В СИСТЕМНОМ РАЗДЕЛЕ 20: СКАЧОК НАПРЯЖЕНИЯ 21: СБОЙ СИСТЕМЫ ХРАНЕНИЯ ДАННЫХ Наконец она дошла до пункта 22 и, замерев, долго всматривалась в написанное. Потом, озадаченная, снова взглянула на монитор. КОД ОШИБКИ 22 Сьюзан нахмурилась и снова посмотрела в справочник. То, что она увидела, казалось лишенным всякого смысла.