Journal: Global Journal of Classical Theology
Volume: GJCT 17:1 (Jul 2020)
Article: Islamic Legal Philosophy’s Incompatibility With Global Human Rights And Brief Comparison With Christian Philosophical Theology.
Author: Henry Hock Guan Teh

Islamic Legal Philosophy’s Incompatibility With Global Human Rights And Brief Comparison With Christian Philosophical Theology.

Henry Hock Guan Teh, Ph.D.

Abstract: This paper examines the arguments on the discordancy between Islamic jurisprudence and the Universal Declaration of Human Rights. It also make a short evaluation on the Christian perspective towards human rights, concluding that the Christian’s worldview is flexible and adaptable because it is based on philosophical theology, rather than the Islamic rigid principles which has its basis upon legal philosophy.

Upon an examination of some prominent human rights scholars from both the secular, Islamic and Christian circles, one can observe much concern for the continuing justice and world peace between two clashing civilizations. However, under Islamic legal philosophy, there can be no liberty without limitations.

This paper also provides several examples of how Shari’ah is implemented in several countries, causing anxieties over its infringement to the basic global human rights. Fortunately, there are some passionate Muslims and Christian legal scholars that attempt to reconcile the Shari’ah and the UDHR.

Introduction

The ultimate purpose of Shari’ah within the framework of Islamic legal philosophy is to provide a practical and comprehensive service to the welfare of the humankind. Many equate the term Shari’ah with the restrictive laws of Islam, but actually Shari’ah generally means the ‘pathway of God’ towards goodness.1 It act as a guide (means) rather than demand strict compliance for achieving the desired spiritual, social and physical welfare of the human kind (ends). As a ‘pathway of God’, it inferred that Shari’ah provides the rules or the means for moral reasoning or the necessary direction, or the infallible, indispensable divine guidance for human well-being in all societies throughout all ages. It is claimed to be the imperative fundamental building block in search for the proper legal duty, rights and obligation in accordance to Allah’s will. This divine law is strictly applicable in changing times where newfangled lifestyles or moral practises, bioethics, internet, innovative science and technologies were never heard of or debated when Shari’ah was first inked. Of course, not every Muslim scholars or jurists would agree with this. However, all Muslims will agree that the very basic foundation and sources of Islamic legal theory rest upon the revelation given by Allah to his messenger, the Prophet Muhammad.

On the basis of this belief, most Muslims genuinely affirm that this divine law encompasses every aspects of the human life including ethics, family relations, e...