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6. Some Arguments on the Universality of Human Rights in Islam

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Chapter Summary

This chapter identifies and addresses some of the religious-based arguments that can be considered as valid justifications for the rejection of the human rights system and theory. It presents some of the arguments invoked by Islamic thinkers to reject human rights so as to assess whether the 'universal project' can be achieved and legitimised. The chapter looks into the theoretical, religion-based arguments put forward to justify the non-application of human rights in Islam. It discusses the value of, and potential need for, some degree of cultural relativism and the danger. The chapter provides a critical view of the legal Islamic human rights instruments by comparing them to the Universal Declaration of Human Rights. It examines protective merits of an Islam-based system of human rights protection. The chapter also illustrates that these instruments alone provide insufficient protection, and sheds light on the potential dangers of some provisions based on shari'a.

Keywords: human rights; Islam; legal Islamic human rights instruments; religious-based arguments

10.1163/ej.9789004158269.i-576.27
/content/books/10.1163/ej.9789004158269.i-576.27
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