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

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 a...

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Main Authors: Ahmad, Muhamad Hassan, Eishan Jan, Mohammad Naqib, Ali Mohamed, Ashgar Ali
Format: Book Chapter
Language:English
Published: De Gruyter 2022
Subjects:
BPK36 Islamic law (General)
JX International law
KZ Law of Nations
Online Access:http://irep.iium.edu.my/103904/1/103904_Human%20rights%20and%20the%20rule%20of%20law.pdf
http://irep.iium.edu.my/103904/
https://www.degruyter.com/document/doi/10.1515/9783110766707-012/html
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spelling my.iium.irep.1039042023-03-09T08:37:03Z http://irep.iium.edu.my/103904/ Human rights and the rule of law: the Common Law and Shari'ah perspective Ahmad, Muhamad Hassan Eishan Jan, Mohammad Naqib Ali Mohamed, Ashgar Ali BPK36 Islamic law (General) JX International law KZ Law of Nations 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the western concept of human rights that had been granted by kings and legislative assemblies were conferred and withdrawn as they pleased.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. De Gruyter 2022-10 Book Chapter PeerReviewed application/pdf en http://irep.iium.edu.my/103904/1/103904_Human%20rights%20and%20the%20rule%20of%20law.pdf 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 https://www.degruyter.com/document/doi/10.1515/9783110766707-012/html 10.1515/9783110766707-012
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic BPK36 Islamic law (General)
JX International law
KZ Law of Nations
spellingShingle BPK36 Islamic law (General)
JX International law
KZ Law of Nations
Ahmad, Muhamad Hassan
Eishan Jan, Mohammad Naqib
Ali Mohamed, Ashgar Ali
Human rights and the rule of law: the Common Law and Shari'ah perspective
description 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.
format Book Chapter
author Ahmad, Muhamad Hassan
Eishan Jan, Mohammad Naqib
Ali Mohamed, Ashgar Ali
author_facet Ahmad, Muhamad Hassan
Eishan Jan, Mohammad Naqib
Ali Mohamed, Ashgar Ali
author_sort Ahmad, Muhamad Hassan
title Human rights and the rule of law: the Common Law and Shari'ah perspective
title_short Human rights and the rule of law: the Common Law and Shari'ah perspective
title_full Human rights and the rule of law: the Common Law and Shari'ah perspective
title_fullStr Human rights and the rule of law: the Common Law and Shari'ah perspective
title_full_unstemmed Human rights and the rule of law: the Common Law and Shari'ah perspective
title_sort human rights and the rule of law: the common law and shari'ah perspective
publisher De Gruyter
publishDate 2022
url http://irep.iium.edu.my/103904/1/103904_Human%20rights%20and%20the%20rule%20of%20law.pdf
http://irep.iium.edu.my/103904/
https://www.degruyter.com/document/doi/10.1515/9783110766707-012/html
_version_ 1761616131045457920
score 13.211869

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