Human Rights in Islam - Essay Example

? Compare the UN Universal Declaration of Human Rights with the human rights that are established by Islam, explaining their differences and similarities in content and scope. NAME Course Title/Number 30th March 2012 The Universal Declaration of Human Rights (UDHR) was originally drawn up in 1948, and stipulates thirty articles which are an attempt to categorize rights that it is believed every human being should have access to. Many of the articles in the UDHR seem undisputable, and so many countries agreed to the original UDHR that it has now taken on the appearance of international law (Morsink, 1999). There are, however, other areas of the UDHR that have caused controversy. There are those who believe that the UDHR represents the Judeo-Christian tradition in a very secular way, and therefore some of the articles are in violation of certain religions traditions, such as Shariah law. The purpose of this paper is to explore the UDHR and compare it to the stipulations of Islam, finding similarities and differences between the two. This will show that, whilst the majority of the articles represent facets of Islam, there are a number of areas in which the UDHR fails to represent this religious tradition. One of the most obvious similarities between Shariah law and the UDHR is that they both oppose discrimination based on race, gender, language, nationality or religion. The Quran suggests that ‘when the Trumpet is blown, no ties of kinship will exist between them on that day, nor may they question one another’ (The Quran, 23:101). This essentially makes reference to the fact that Allah will not discriminate based on these things on judgement day. The Cairo Declaration on Human Rights in Islam (CDHRI) is essentially an Islamic version of the UDHR, and also includes this sentiment as the very most important thing, which suggests that there is a high amount of compatibility between the two. Islam itself is seen to be a very all-encompassing religion, as it encourages people of all races to convert to the religion, again suggesting that the UNDR and Islam are similar in content in this department. Another element that is common to both the UNDR and Islam is the focus on women’s rights and equality between genders. For example, the CDHRI suggests that women have ‘equal human dignity’ (Hashimi, 1997) and therefore should be treated as well as men are. Islam and the CDHRI also both place emphasis on the fact that men and women both have the right to choose their own spouses regardless of race or pressure from outside parties. The UDHR also expresses this, suggesting that ‘Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution’ (United Nations, 2012, Article 16). The reference to dissolution is also important, as Islam is well-regarded for being one of the first religions to allow women the right to divorce their own husbands by choice (Hashimi, 1997). Both Islam and the UDHR place an emphasis on living quality. It seems sensible to both parties to encourage living standards to be the best possible, as all humans have the right to live cleanly and safely. The Quran puts this sentiment very nicely, suggesting that ‘he who saves a life will be as if he had saved the lives of all humankind’ (The Qur’an, 5:32). There are further quotes which support the fact that Islam is for the preservation of human life, rather than destroying it, and saving a life is incredibly important in the religion. The aim of Islam is to ensure that everyone lives a long and happy life (Hashimi, 1997). Similarly, the UDHR suggests, in article 25, that ‘everyone has the right to a standard of living adequate for the health and well-being of himself and of his family’ (United Nations, 2012). This is yet more evidence for the fact that the UDHR and Islam stand for several similar principles in a number of matters. There are, however, a number of times in which the UDHR does not account for the perspectives and rules of Islam and Shariah law, which is exactly why the CDHRI was drawn up; to express the sentiments of the UDHR in a more Islamic-friendly way (Hashimi, 1997). Perhaps the most striking difference between the two is that the UDHR suggests that ‘Everyone has the right to freedom of opinion and expression’ (United Nations, 2012, Article 19). The Quran, however, does advocate this but in a slightly different manner; the right to freedom of opinion and expression is limited by Shariah law. The CDHRI expresses this neatly by altering the original article slightly to make it more relevant to Islam, so that it becomes ‘Everyone shall have the right to express his opinion freely in such manner as would not be contrary to the principles of the Shari’ah’ (Brems, 2001). It is important to note that, whilst both these articles aim at protecting the freedoms of the individual, Islam needs to ensure that the rules of Shariah are not broken. Another important problem between the views of the UDHR and Islam concerns free religion. Article 18 of the UDHR suggests that ‘Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance’ (United Nations, 2012). Evidently, there are a number of problems allowing this within a religion that sees itself as the ‘true religion’ and worshipping the ‘true God’. Leaving Islam, for example, would mean breaking several of the important Shariah laws which make the religion what it is (Hashimi, 1997), and therefore this cannot be sanctioned. By the very nature of the two entities that control these laws, it is impossible to compare them in this way as Islam has a right to protect itself and its believers, and is likely to do this by not sanctioning those who wish to leave. It is obvious that there are a number of similarities and differences in the beliefs and scope of Islam and the UDHR, so much so that the religion felt that it was necessary to tailor the UDHR articles to Shariah law to produce the CDHRI. Islam as a religion is generally very accepting, and emphasizes the rights of others, particularly women. Both encourage society to make sure that everyone is cared for properly, as everyone has the right to a healthy and long life without fear or preventable illness. Islam and Shariah law make it difficult to apply the UDHR rules of freedom of expression and belief to their own culture, because the very nature of any religion is to follow the proposed rules. Many of the rules of the UDHR have been simply altered to make a reference to Shariah law, and some have simply been omitted. It is interesting to judge the similarities and differences between the two sets of rules. References Brems, E. (2001). Human rights: universality and diversity. Martinus Nijhoff Publishers. Hashimi, M. ?Ali. (1997). The ideal Muslim: the true Islamic personality as defined in the Qur?an and Sunnah. Islamic Books. Morsink, J. (1999). The Universal Declaration of Human Rights: origins, drafting, and intent. University of Pennsylvania Press. United Nations. (n.d.). The Universal Declaration of Human Rights. Retrieved March 30, 2012, from http://www.un.org/en/documents/udhr/ Read More