Human Rights in Islamic Legal Shari'ah Perspective

  • Published in Law

The issue of human rights and the protection of them remain to be one of the major themes of political, philosophical and legal discourse.1 Instead of being comprehensively criticized, the idea of human rights retains considerable popularity and growing importance. A substantial body of opinions acknowledges that there are such things as human rights and advocates that they ought to have legal protection. This view has from time to time, received expression in the form of general declarations of human rights which persons are supposed to have.

The Impact of Western Colonialism and Secularization on the Application of the Shari’ah Law in the Muslim World

  • Published in Law

This paper attempts to highlight the influence of western Colonialism and Secularization on the application of Islamic law in most Muslim countries in the nineteenth century. Before discussing the issues related to the impact of Western colonialism on the application of the Shari’ah law in some Muslim countries, the first part of this discussion will highlight the position of the Shari’ah in pre-colonial period in which the Shari’ah has been considered the core and the essence of Islamic civilization, and thus a key component in the fabric of Islamic thought. The second part will focus on the position of the Shari’ah law after the expansion of Islam in the vast regions of the Muslim world extending from Spain to central Asia. Throughout its long history, Islam has encountered many civilizations such as those of Greece, Persia, India and Byzantium, whose precepts were alien to the ethos of Islam.

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