A Comparative Analysis: Islamic Law and Human Rights

Abstract

The concept of human rights has been intermittently underscored in Islamic law, offering guidelines for adherence. Similarly, Western human rights discourse addresses both individual and collective rights across diverse social, political, and cultural dimensions. Notably, the evolution of the Western human rights concept, with its roots in the aftermath of the World Wars, contrasts with Islam's historical emphasis on the rights of both men and women, positioning it as a prototype for fostering a welfare society. This research article seeks to conduct a comparative analysis of international human rights law and Islamic law. By engaging with various scholarly debates and identifying commonalities between the two legal systems, the study concludes that, while both frameworks advocate for human dignity and freedom, Islamic law is positioned as the ultimate and unchanging revelation from the Almighty. In contrast, the Western understanding of human rights is viewed as potentially malleable over time, challenging its claim to universality. This perspective suggests that Islamic law, in promoting human rights, is considered more resolute and universally applicable compared to the Western concept, which may be subject to alterations.