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Human Rights And Freedom: A Brief Islamic Perspective
Dr. Wan Azhar bin Wan Ahmad
Senior Fellow, Centre for Syari'ah, Law and Political Science
06/06/2006 | The Star
Dr. Wan Azhar bin Wan Ahmad
Senior Fellow, Centre for Syari'ah, Law and Political Science
06/06/2006 | The Star
The doctrine of human rights basically concerns the so-called ‘fundamental rights’ of every person to justice, equality and freedom. As adopted by the United Nations Universal Declaration of Human Rights (UDHR, 1948), it proclaims that all men and women, regardless of their social, economic or political background and status, are ‘born free and equal in dignity and rights,’ and ‘everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind…’. In a nutshell, this document, by detailing the individual and social rights and freedoms, grants absolute freedom to mankind, male and female alike. Reference to religion is peripheral whereas its secular orientation is overwhelming.
Islam has been portrayed as a religion that seems to clash with the ensuing modern discourse concerning human rights, simultaneously suggesting an ongoing enmity between the secular West and the Muslim East. Is Islam, or its Syariah, really an antithesis to such a doctrine of human rights? The Westernized liberal advocates championing the course of human rights as well as discerning Muslims concerned about the sanctity of their religion have been exchanging arguments asserting, imposing and defending their respective positions. Which one should prevail? To some, the answer is clear, but to some others, it is still obscure. It appears that the root of the problem stems from misgivings both have for each other as a result of a lack of knowledge, understanding and exposure to the ideas of each other. Nevertheless, these conflicting perceptions are not without possible reconciliation. This brief writing represents a modest attempt to bridge the two combatants. What is important which must be recognized by both parties, including those in between afflicted with confusion, is the open mindedness and willingness to acknowledge and recognize authorities. ‘Authorities’ here does not necessarily mean administrative or political, but rather the erudite scholars and credible scholarship. Once established, the opinions of these scholarly authorities may be embraced to the extent that one of the parties may need to modify or even completely abandon their earlier position. Otherwise, there will be chaos and anarchy in the society because if truth is rejected as a result of ignorance and stubbornness, then arrogance and obstinacy will triumph. Consequently, the issue at stake will never be resolved. Undoubtedly, the exponents of both positions must have relied upon certain principles derived from those deemed authoritative in constructing the framework for their understanding of these issues.
In reply to the question posed earlier, Islam does acknowledge human rights but it is not without certain forms of control and limitation. This acknowledgement and limitation is reflected by the Universal Islamic Declaration of Human Rights (UIDHR, 1981). It states that anything pertaining to human conduct is to be governed by the Syariah. The Syariah refers to the totality of Islamic Law pertaining to the faith and conduct of every Muslim where God and His injunctions reign supreme. There is nothing that falls outside this corpus of divine law.
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