Human rights and beyond

Some conceptual differences between Islamic and Western perspectives of human rights

  • Dr. Abdulmumini A. Oba Senior Lecturer Faculty of Law, University of Ilorin Ilorin, Nigeria
Keywords: Human Rights, Civilization, Difference, Worldview, West

Abstract

Abstract Views: 94

The world is pluralistic in many ways. It consists of peoples of diverse racial, ethnic, religious, and cultural backgrounds. Several distinct civilizations have emerged from these diverse peoples. The major civilizations in the
contemporary world include Western, Asian, African and Islamic civilizations. With these different civilizations come different ideologies, value systems and worldviews. Although Western civilization has become dominant in the world, Islamic civilization is its major rival. Some have argued that given the fundamental differences between Western and Islamic civilizations, a clash of civilizations is inevitable. This has become apparent particularly in the area of human rights. The international human rights law that emerged in the middle of the last century is dominated by Western thought and historical experience. These human rights lay claim to universality whereas there are
conceptual and normative differences between Islamic and Western perspectives of human rights. This paper examines some of the fundamental differences in the concepts and terminologies used in the human rights discourse in Islamic and Western traditions. It also examines the ideological differences affecting their thinking on human rights, and the differences in conceptualizations and methods of enforcing human rights. This paper argues that the values embodied in the Western conception of human rights are not necessarily superior to those of Islam. On the contrary, some are patently inferior. Universal human rights across both civilizations can only emerge in the context of a genuine crosscultural dialogue when the West changes its perceived positional superiority and accepts Islamic civilization as an equal partner in the quest for the protection of the dignity and welfare of humankind.

Downloads

Download data is not yet available.

References

1. Ake, Claude. “The African Context of Human Rights”, African Today 34 Nos. 1& 2, (1987); 5-12.
2. Al-Attas, Syed Muhammad Naquib. “The Worldview of Islam: An Outline” in Sharifah Shifa Al-Attas, Islam and the Challenge of Modernity: Historical and Contemporary Contexts. Kuala Lumpur: International Institute of Islamic Thought and Civilization, 1996.
3. Al-Attas, Syed Muhammad Naquib. The Concept of Education in Islam. Kuala Lumpur: International Institute of Islamic Thought and Civilization (ISTAC), 1999.
4. Al-Jazai‟ri, Abu Bakr Jabir. Minhaj al-Muslim. Vol. I. Riyadh: Darussalam, 2001.
5. Al-Mawardi, - - wa al-Wilayah Al-Diniyya translated by Wafaa H. Wahba. London: Garnet Publishing Ltd., 1996.
6. Angle, Stephen C. “Human Rights and Harmony” Human Rights Quarterly 30, (2008): 76-94.
7. An-Na‟im, Abdullahi Ahmed. “State Responsibility under International Human Rights Law to Change Religious and Customary Laws” in Rebecca J. Cook (ed.), Human Rights of Women: National and International Perspectives Philadelphia: University of Pennsylvania Press, 1994. 167-188,
8. Baderin, Mashood A. International Human Rights and Islamic Family Law. Oxford: Oxford University Press, 2003.
9. Bahmanpour, Saeed. “The Religion of Human Rights and Other Religions, Are they Compatible?” (Address to the Conference on Concept of Human Rights from Islamic and Western Perspectives, London, 12 September 2003).
10. Bedau, Hugo Adam “Anarchical Fallacies: Bentham‟s Attack on Human Rights.” Human Rights Quarterly 22, No. 1, (2000): 261-279.
11. Bentham, Jeremy. “Anarchical Fallacies” in John Bowring (ed.), The Works of Jeremy Bentham. Edinburgh: William Tait, 1843.
12. Benvenisti, Eyal. “Margin of Appreciation, Consensus, and Universal Standards,” International Law and Politics 31, (1999): 843
13. Berghout, Abdelaziz. (ed.), Introduction to the Islamic Worldview: Study of Selected Essentials. Kuala Lumpur: IIUM Press, 2009.
14. Boyd, Robert. and Joan B. Silk, How Humans Evolved. New York and London: W. W. Norton, 3rd., 2003.
15. Denning, Lord. What Next in the Law. London: Butterworths, 1982.
16. Donnelly, Jack. Human Rights, Individual Rights and Collective Rights” in Jan Berting, Peter Beaher, J. Herman Burgers, Cees Flintman, Babara de Klerk, Rob Kroes, C. van Minnen and Koo VanderWal (eds.), Human Rights in a Pluralist World: Individual and Collectivities. Westport and London: Meckler, 1990.
17. Donnelly, Jack. Universal Human Rights in Theory and Practice. Ithaca and London: Cornell University Press, 2nd. Ed., 2003.
18. Donnelly, Universal Human Rights in Theory and Practice, and Heiner Bielefeldt, “Muslim Voices in the Human Rights Debate,” Human Rights Quarterly Vol. 17, (1995): 597-617.
19. Dorsey, David A. “The Law of Moses and the Christian: A Compromise,” Jets 34, No. 3 (1991): 321-334.
Published
2012-10-31
How to Cite
Dr. Abdulmumini A. Oba. 2012. “Human Rights and Beyond”. Journal of Islamic Thought and Civilization 2 (2), 35-50. https://journals.umt.edu.pk/index.php/JITC/article/view/336.
Section
Articles