Islamic Human Rights Law: A Critical Evaluation of UIDHR & CDHRI in Context of UDHR

Abstract

Human rights are undeniable natural rights that are indispensable for the upholding of human dignity and respect. In light of modern development, the importance of these entities in the life of the average human being has not just become essential, but necessary as a component for the functioning of modern society. The essential nature of such rights may be posited from the high place and importance such rights have commanded in modern society since the Universal Declaration of Human Rights (UDHR), 1948. Although incorporated in the very spirit of Islam, codification of the laws on human rights as understood in Islam had gained importance in order to primarily address the deficiencies within the UDHR, in addition to providing a framework from wherein to work regarding human rights. In this vein, this paper discusses the background and application of the two modern codified international instruments on human rights in Islam. These are the Universal Islamic Declaration of Human Rights (UIDHR), 1981, and Cairo Declaration on Human Rights in Islam (CDHRI), 1990. In conclusion, the paper recommends the adoption of the provisions of the CDHRI and UIDHR alongside the existing provisions within the UDHR in order to effectively bridge the lacuna and deficiency in the latter.

Keywords: UDHR, UIDHR and CDHRI, Human Rights, Islamic Law

JEL Classification: K33