Right to Peace or Human Rights Per Se in Islamic States

21 Pages Posted: 14 Mar 2013

See all articles by Kevin H. Govern

Kevin H. Govern

Ave Maria University - Ave Maria School of Law

Date Written: March 13, 2013

Abstract

Islamic law (Shari ‘a) permeates every aspect of a devout Muslim’s existence, and a Muslim nation’s practices. Islamic attitudes vary toward the legitimacy of international law and international agreements according to clerical and secular, official and unofficial, state-actor and non-state actor laws, policies, and practices. In Islam, laws are generally to be obeyed and agreements kept — with few exceptions — the most notable being those aspects that are contrary to Islam. Shari ‘a law promotes respect for human rights and history is replete with instances where this Islamic doctrine has been demonstrated by the commitment of states with a Shari ‘a influence in favor of peace: the Pact of the League of Arab States; the Arab Charter of Human Rights; the Charter of the Organization of the Islamic Conference; (CDHR) charter, to name just a few conventions.

The challenge of promoting peace and human rights under Shari ‘a and international law will lie in three main realms. First, there is no single "Islamic attitude" towards the legitimacy of international law and international agreements among the fifty-six nations that have adopted Islam as their official state religion, adopted Shari ‘a as their legal system, or those that have Muslims as the majority or sizeable minority of their populations. Second, as identified by the many nations who were signatories to the Cairo Declaration on Human Rights in Islam (CDHR), the United Nation’s Universal Declaration of Human Rights (UDHR) is perceived by some in Islamic nations as failing to take into account the cultural and religious context of non-Western, Islamic nations. Finally, where there is apparent or perceived differences in approaches to advancing peace and human rights, there is a fundamental requirement to understand what practices and policies in Shari ‘a are of tribal or ethnic origin and culturally significant but not Islamic, what is Islam and incapable of change, and which practices or policies are theoretical or aspirational but not enforced or enforceable.

This Article will survey the symbiosis of faith and law, clerical and secular, official and unofficial, state-actor and non-state actor in Islamic nations from the perspective of advancing (or impeding) peace and human rights — both from a Western and non-Western perspective. This appreciation is vital to maintaining and advancing peace as well as waging war, and the preservation and promotion of the integrity and dignity of all human beings accounting for and regardless of their race, color, language, belief, sex, religion, political affiliation, social status, or other considerations.

Keywords: Islamic law, Islam, Muslim, Shari 'a, Shari 'a law, Pact of the League of Arab States, Arab Charter of Human, Charter of the Organization of the Islamic Conference, Cairo Declaration of Human Rights, United Nation’s Universal Declaration on Human Rights, human rights, United Nations

Suggested Citation

Govern, Kevin H., Right to Peace or Human Rights Per Se in Islamic States (March 13, 2013). Ave Maria Law Review, Vol. 11, No. 1, p. 103, 2012. Available at SSRN: https://ssrn.com/abstract=2233187

Kevin H. Govern (Contact Author)

Ave Maria University - Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States
(239) 687-5390 (Phone)

HOME PAGE: http://https://www.avemarialaw.edu/faculty/kevin-h-govern/

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