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Islam & Human Rights

Islam & Human Rights. Siti Ruhaini Dzuhayatin Islamic State University Yogyakarta- Indonesia 2007. Human Rights to Social Justice. Race/ethnicity Faith Social class Sex/ Gender. Social Justice. Social equality/ equity. Civil and Political Rights Economic, social

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Islam & Human Rights

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  1. Islam & Human Rights Siti Ruhaini Dzuhayatin Islamic State University Yogyakarta- Indonesia 2007

  2. Human Rights to Social Justice • Race/ethnicity • Faith • Social class • Sex/ Gender Social Justice Social equality/ equity • Civil and Political • Rights • Economic, social • & cultural rights Discrimination: Stereotype Subordination Marginalization violence Culture Religion Ideology

  3. Equality to Social justice • All human being regardless of their race or ethnic, faith, social class and sex and gender are entitled to have equal: access, participation, control over decision making and benefit of development and social justice. • Social justice will be achieved if human basic needs are fulfilled: aspects on civil and political rights and economic, social and cultural rights.

  4. Human Rights Category • The First generation: Civil & Political rights • Rights to grant human dignity: individual rights • The seconds: Economic, social & cultural Rights: Rights to fulfill life sustenance or enjoyment. • Right of poor nations to access part of the abundant resources of rich nations: results of unequal political economic in the global setting. • The third generation: collective rights: based on solidarity: right to peace, right to development, right to balance environments

  5. Discrimination as the Obstacle to Achieve Social Justice • Forms of discrimination: • Stereotype: negative label to degrade human dignity of others: • indigenous: unintelligent, negligent, laid-back, conservative and uncivilized. • Women: physically & intellectually inferior to men. • Subordinate position: • Patriarchy: men’s social position is superior to women: men are leaders & masters. Women are followers and providers. • Feudalism: The rich is the dominance and the poor are the subordinate. The royal family is the leader and the communal and ordinary people are ruled and controlled

  6. Marginalization: public life: • majority are leaders and minority are ruled and controlled. • Men are leaders and managers & women are followers or executors • Violence: • Physical, emotional and sexual violence

  7. The Root of social discrimination • Culture: Patriarchy, feudalism , ethnic chauvinism • Religion : misogyny, prejudice & bigotry. • Ideology: power dominance & hegemony

  8. Human Rights as Universal value? • Universality of human rights: • Global acceptance of human rights achieved since the adoption of UDHR 1948. • Universalism of human rights • Interpretation and application of Human right principles: a common universal value consensus: • Has not been achieved • Being subjected of debate: Universalism Vs cultural relativism • Individual right Vs Collective rights

  9. The Paradox of Human Rights : • Western Liberal perspective: Human rights are exclusively universal , both substance and application; western norms should always be the universal model for human right law : emphasis heavily on individual rights. • Universalism of Human rights understood by non Westerners as the return of the colonial laws which were systematically diminish the local laws. “ another form of new colonialism serving to strengthen the dominance of the West.

  10. Cultural relativism (non Western) : Human right principles are not exclusively rooted in western culture, but are inherent in human nature and based on the ultimate morality of every culture and religion. Human rights will not be fully realized without contextualizing them into local culture. • cultural relativism prone to abuse and to justify human rights violations by different regimes

  11. Muslim’s Responds to Human Rights • Islam is compatible with international human rights. • True human rights can only be fully realized under Islamic law. • International human right is an imperialist agenda that must be rejected • Islam is incompatible with international human rights.

  12. 1. Human Right is compatible with international human rights Inclusive approach to Islamic Law: • Most promising perspective in harmonizing Islam& human rights. Derived from the inclusive understanding of Islamic law: • The sources and methods of Islamic contain the concept of good governance and human welfare: respect for justice, protection of human life and dignity that validate modern international human rights ideals.

  13. 2. True human rights can only be fully realized under Islamic law • Exclusive Approach to Islam & HR: Part of the submission to the Divine requires the deepest and sharpest sense of responsibility as well as the total absent of arrogance and egoism, internal and external communication. • human rights in Islam have been granted by God; they have not been granted by any king or by any legislative assembly. • The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are conferred. They can withdraw them when they wish; and they can openly violate them when they like (Abu al-'A'la Mawdudi ).

  14. 3. International human right is an imperialist agenda Post-colonial responds: • not peculiar to Muslim; common responses of developing countries in fear of the neo-colonialism. • Psychological aspect of the past colonial experience of most developing countries under Western imperialism • Double standard of the West: • Iraq invasion to Kuwait Vs US invasion to Afghanistan • Saudi Arabia Vs China

  15. 4. Islam is incompatible with international human rights. • “Fundamentalist” political approach: • Human right objective has a hidden anti-religious agenda. • Human Rights is new ‘civil religion’ and international ideology of humanism ” rooted in secularization in the West. • Systematically remove religiosity from the world order. • Promote decadence and immorality: Homosexuality, adultery and abortion, etc.

  16. Islamic Law Framework Qur’anic Studies Islam Qur’an & Hadist Social Context Hadist Studies Syariah Approaches History Juris prudence (Fiqh) Literal /Textual Contextual Sufism Strict / exclusive Progressive/ inclusive Current Islamic Law

  17. Syari’ah & Islamic Law • Misconception about Syariah & Islamic Law • Syari’ah: • The source :the corpus of the revealed law (the Qur’an & authentic tradition of the prophet. • Textually immutable: moral, legal, social & spiritual aspects of Muslim • Islamic law: (Current Syariah) • ‘positive law’ derived from “fiqh”: human understanding and application of Syariah. • Changing according to time and circumstances.

  18. Exclusive and textualist: • Uncritically used “Syariah” (Islamic Law) to cover the source and the method as well as the application (fiqh). • Unaware of “human agencies” in the formulation of figh : cultural hegemony: Arab Vs non Arab, class structure: the ruling class & communal and and gender biases; Male and female scholars. • Inclusive and Progressive: • Differentiate between Syariah & fiqh (Islamic law) • Sensitive to “human agencies and “human progress” • Acknowledge political interests behind the application of Islamic law.

  19. Islamic Law in Indonesia • Indonesia: not Islamic State but Muslim country. • Islam is one of five official religions. • Fiqh: one of the sources of ‘positive law’ (Islamic inspired law) : Indonesian family Law 1974. • Current Application of “Syari’ah Law”: • Political trend after reformation: Political Autonomy and decentralization. • Political means to gain people’s support. • Public disappointment of the corrupt “secular” government: political chaos & enduring economic crisis.

  20. Human Right Issues in Indonesia • The denial of equal right of non-Muslim in the highest political leaderships: President & head of Parliament (the supremacy of the majority). • The denial of equal rights to establish religious institutions: churches, temples, schools: requires the permission of the surrounding community (Ministerial decree 2003). • Unequal rights to religious practices for Islamic minority groups: Shi’i and Ahmadiyah: outlawed by the National Ulama council (fatwa no. 8, 1989).

  21. Unequal right of men and women: • Public leaderships • Access to education • Family matters: Family law: husband: family leader, the main financial provider & educator. wives: loyal supporter & housewives.

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