Human Rights through the Lens of Islamic Legal Thought

Abstract

The successful implementation of modern standards of human rights in the Muslim world depends on the extent to which they are regarded as not a product of the West but genuinely possessing Islamic legitimacy and authenticity. This chapter contends that the challenge is not simply to demonstrate Islam’s ability to adopt what are widely regarded as “Western” norms, but for them to be identifiable as legitimate and normative within the Islamic texts and traditions. It is a positive first step for Muslim states to agree to certain human rights conventions but it is far more meaningful if such standards were met on an “Islamic” basis through their integration into “Islamic” legal thought. This chapter presents a methodology for Quranic interpretation that concentrates on higher, universal objectives or maqasid in Arabic. This methodology is both grounded in the Islamic tradition and responsive to the need for Islamic legitimacy and authenticity in instituting human rights in the contemporary Muslim context.