Islamic Legal Tradition and Human Rights: A Dialogue of Convergence and Divergence

Abstract

In this article, the connection between modern human rights and Islamic law tradition is analysed, indicating the points of convergence and divergence. Islamic law is secular, universal and individual focused as opposed to the modern human Rights systems which focus on justice, human dignity and the welfare of the society, as maqasid al-shari'ah (objectives of the law) is a fundamental principle of Islamic law. The paper presents conflict areas, including gender equality, religious freedom, and criminal law, and agreement areas, including social justice, life protection, and equity. It also examines contemporary jurisprudence which employs interpretive reasoning (ijtihad) as a means of striking a balance between human rights ideals and traditional Islamic ideals. According to the article's conclusion, a positive discussion between these two paradigms can promote understanding between them and provide moral and legal clarification while upholding fundamental religious principles.