A Critical Examination of the Compatibility Between the UDHR and Islamic Legal Frameworks

Abstract

This abstract critically analyzes the intricate and frequently contested compatibility between the Universal Declaration of Human Rights (UDHR) and diverse Islamic legal systems.  Although numerous scholars and states highlight substantial areas of convergence, especially concerning fundamental rights such as life, dignity, and justice, rooted in core Islamic principles, the claim that all rights must be construed within the parameters of Islamic Shari'ah frequently results in considerable divergences.  This tension is apparent in documents such as the Cairo Declaration on Human Rights in Islam, which, although endorsing numerous universal rights, subordinates them to Islamic law, particularly affecting freedom of religion (e.g., apostasy), freedom of expression (e.g., blasphemy), and elements of gender equality.  This analysis underscores that genuine compatibility requires reconciling diverse interpretations of Islamic law and confronting the intrinsic contradictions between absolute universal rights and particular religious’ mandates to cultivate a more inclusive and widely acknowledged human rights dialogue.

Key Words:  Human Rights, Islamic Law, Divergence, Universal Rights, Declarations, Gender Equality