Re-Conceptualising the Right to Development in Islamic Law

The International Journal of Human Rights, Volume 14, Issue 7, 2010, pp. 1013-1041

Posted: 15 Aug 2013  

Khurshid Iqbal

The Khyber Pakhtunkhwa Judicial Academy; International Islamic University - Department of Law

Date Written: May 28, 2010

Abstract

This article focuses on the national dimension of the right to development (RTD) in Pakistan in the perspective of Islamic Law (Shari‘ah). Assuming the RTD as a human right, it explores the role of Islamic law in the promotion of the RTD and the implications of the struggles for Islamisation on the promotion of the RTD in Pakistan. The article argues that the purpose of Islamic law is maslahah (promotion of public interest and prevention of harm). It further argues that the principles and institutions of Islamic law may promote the RTD even if there remain some differences between the two. However, the Islamisation movement of the military regime of General Zia-ul-Haq (1977–1988) was incompatible with the main features of the RTD, such as respect for human rights, participation and a comprehensive concept of development. Currently, the Taliban factor in the Islamisation process has made Pakistan the most dangerous place in the world. The article concludes that the Islamic law doctrine of maslahah may promote the RTD in Pakistan provided Islamic law is widely interpreted and any Islamisation movement is pursued in light of the features of the RTD. It further concludes that in the Islamisation efforts, only the judiciary has gained limited success to achieve maslahah.

Keywords: Development, human rights, Islamic law, participation, Pakistan, Maslaha

JEL Classification: K00

Suggested Citation

Iqbal, Khurshid, Re-Conceptualising the Right to Development in Islamic Law (May 28, 2010). The International Journal of Human Rights, Volume 14, Issue 7, 2010, pp. 1013-1041. Available at SSRN: https://ssrn.com/abstract=2310198

Khurshid Iqbal (Contact Author)

The Khyber Pakhtunkhwa Judicial Academy ( email )

Jail Road
Peshawar, 25000
Pakistan
92919213088 (Phone)
92919213078 (Fax)

HOME PAGE: http://www.kpja.edu.pk

International Islamic University - Department of Law ( email )

Block 01, H-8
Islamabad, 44000
Pakistan

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