Establishing Areas of Common Ground between Islamic Law and International Human Rights

Abstract

This article re-visits the debate about whether or not Islamic law and international human rights are compatible. It examines and responds to the traditional arguments on the subject from both an international human rights and Islamic legal perspective. It formulates a synthesis between two extremes and argues that although there are some differences, that does not create a general state of dissonance between Islamic law and international human rights. The author argues that the differences would be easier to address if the concept of human rights is first positively established from within the themes of Islamic law rather than imposing it as a concept alien to Islamic law. He thus researches into the sources, jurisprudence and general principles of Islamic law to establish the concept of human rights in common perspective with the concept under international human rights law. The article concludes that through this establishment of common grounds Islamic law could serve as an important vehicle for the realisation of international human rights in the Muslim world.