Human rights and the rule of law: the Common Law and Shari'ah perspective

Ahmad, Muhamad Hassan and Eishan Jan, Mohammad Naqib and Ali Mohamed, Ashgar Ali (2022) Human rights and the rule of law: the Common Law and Shari'ah perspective. In: Shari’ah and Common Law: The Challenge of Harmonisation. De Gruyter Studies in Global Asia, 4 . De Gruyter, Berlin, Germany, pp. 207-224. ISBN 978-3-11-076668-4

PDF (Book Chapter) - Published Version Restricted to Registered users only Download (385MB) | Request a copy

Abstract

The Quran is one of the most detailed and complex human manuals in the world. This glorious book was in existence for more than 1400 years. It contains rights that have been granted by Allah (s.w.t.) in preserving the dignity of man and woman without them having to fight for it. It lays down every angle of human rights such as right to equality, right to life and property, security of personal freedom, justice, and women’s rights, among others. Its purpose is to achieve peaceful human existence and harmony between the different races and diversity in which humans were created. Hence, the first constitution in the Islamic history, i.e. the Medina Constitution, guaranteed the protection of human rights. For the west, the concept of basic human rights came from the Magna Carta of Britain; though the Magna Carta itself came into existence a few hundred years after the advent of Islam. Unlike the divine decree of human rights in the Quran which remains unchanged since its revelation, the western concept of human rights that had been granted by kings and legislative assemblies were conferred and withdrawn as they pleased. In this process, new concepts and understanding of human rights have arisen. Accordingly, the struggles for the protection of these newly found human rights have never ceased to continue. Some of these rights may not necessarily to be in line with divine laws. Are Islam and the west speaking the same language when it comes to the topic of human rights? This chapter therefore aims at looking into the concept of human rights from the Islamic and western viewpoints, and the possibility of harmonisation between the two.

Item Type:	Book Chapter
Uncontrolled Keywords:	Human Rights, Common Law, Shariah, Harmonisation of Law
Subjects:	BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) J Political Science > JX International law K Law > KZ Law of Nations
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	09 Mar 2023 16:23
Last Modified:	09 Mar 2023 16:37
URI:	http://irep.iium.edu.my/id/eprint/103904

Actions (login required)

View Item