How Do Islamic Principles and Human Rights Law Align and Differ?

Answered by Shaykh Bassem Itani

Question

What are the points of agreement and difference between the principles of Islam and the principles of human rights law?

Answer

All praise is due to Allah, Lord of the worlds, and blessings and peace be upon our master Muhammad, his Family, and all his Companions.

Areas of Agreement Between Islam and Human Rights Law

There are both points of agreement and points of difference between the principles of Islam and the principles of human rights law, with areas of agreement outnumbering those of difference.

Some of the key points of agreement between Islamic principles and human rights law include:

• Equality in inherent human dignity.
• The right to life and the prohibition of abortion.
• The right to form a family.
• The right of children to material and moral care.
• Women’s rights and their equality with men in terms of dignity, personal status, and financial autonomy.
• The rights of mothers.
• The right to legal capacity concerning obligations and commitments.
• Freedom of movement and the right to seek asylum.
• The right to work and to choose and work safely in one’s profession.
• The right to ownership and the protection from property seizure and confiscation.
• The right to benefit from intellectual and literary production.
• The right to health care and social welfare.
• The right to a decent standard of living across all fields.
• The right to personal, religious, family, and financial security as well as protection of one’s honor.
• The right to seek justice in a court of law.

Unique Features of Islamic Principles

Islamic principles, however, possess unique features not present in human rights law. These include:

• The right to earn dignity and honor through work and belief.
• The responsibility of a man to financially support his family.
• The rights of parents and close relatives over their children and kin.
• The right to lawful income and the prohibition of usury.
• The duty to promote good, enjoin right, and forbid wrong. [See: Zuhayli, Huquq al-Insan fi al-Islam]

Foundational Differences: Sources of Authority

It is evident that the world aspires to protect human beings and their rights, recognizing that humanity is at the heart of all concern. The objective of contemporary international human rights principles is to benefit humanity, a goal shared by Islamic law, which enshrined human rights from the dawn of Islam through its texts in the Quran and Sunna.

Islam advocates for the protection and respect of these rights, imbuing them with sanctity, and was at the forefront of declaring human rights.

Islam aligns with human rights law in many fundamental principles, though it diverges on some significant issues. The distinguishing factor between Islamic principles and human rights law lies in their sources of authority. Islam’s legislative authority is derived from scriptural sources like the Quran, Sunna, consensus, customs, and rational sources like analogy and public interest.

As reported, when the Prophet (Allah bless him and give him peace) sent Mu‘adh to Yemen, he asked him, “How will you judge if a matter is presented to you?”

Mu‘adh replied, “I will judge by the Book of Allah.” He asked, “If you do not find it in the Book of Allah?” Mu‘adh said, “Then by the Sunna of the Messenger of Allah (Allah bless him and give him peace).” He then asked, “If you do not find it in the Sunna?” Mu’adh replied, “I will exercise my own reasoning.” The Prophet (Allah bless him and give him peace) approved of this response, saying, “Praise be to Allah, who has guided the messenger of the Messenger of Allah to what pleases the Messenger of Allah.” [Tirmidhi]

In contrast, human rights law primarily relies on the benefits that apply to humanity without the restraints of divine guidance, leading to disagreements on some principles and their branches.

And Allah is the ultimate source of success.

[Shaykh] Bassem Itani

Shaykh Dr. Bassem Hussayn Itani was born in Beirut, Lebanon, in 1965. He earned his Ph.D. in Islamic Studies in 2005. Among his mentors were Shaykh Muhammad Taha Sukkar, Shaykh Adib al-Kallas, Shaykh Mulla Abdul ‘Alim al-Zinki, Shaykh Abdul Rahman al-Shaghouri, Shaykh Abdul Razzaq al-Halabi, Shaykh Dr. Mustafa Dib al-Bugha, Shaykh Dr. Wahba al-Zuhayli, Dr. Muhammad al-Zuhayli, and others, may Allah have mercy on them all.

Shaykh Itani has a rich background in both academic and administrative fields. He has held significant positions in many governmental and non-governmental institutions in Lebanon and abroad. This includes his role as a member of the Academic Committee at SeekersGuidance and a senior teacher with the free online global seminary.

From 2020 to 2021, he served as the Dean of the College of Da‘wa – University for Islamic Studies (Lebanon) – Postgraduate Studies. He was the Director of Dar Iqra for Islamic Sciences from 1998 to 2018. Shaykh Itani is a well-versed teacher in several academic subjects, including Fiqh, Usul, Aqida, and Tafsir. He has supervised and examined numerous Master’s and Doctoral theses at various universities and colleges in Lebanon.

His contributions to Islamic sciences are also evident in his writings and research. His notable works include “The Relied-upon Statements of Imam Zufar in the Hanafi School,” “Collective Ijtihad: The Sublimity of Thought in the 21st Century,” and “Custom and its Impact in Islamic Jurisprudence.” Shaykh Itani has actively participated in numerous scientific conferences and seminars, both in Lebanon and internationally. He is linguistically adept, excelling in Arabic, proficient in French, and comfortably conversant in English.