To draw the specific attention to the women’s rights context, we may quote the preamble of the Universal Declaration of Human Rights which implies the equality both women and men’ rights, by stating that “…, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,” (). Yet, all articles except article sixteen do not distinguish people on the basis of gender, male and female. Therefore, it could be assumed that those human rights listed in the universal declaration describe everyone in the same position, definitely regardless any kind of distinction as it is emphasised in the article two of it. In other words, men and women universally have been recognised in the common standard of human rights as the same object, they are both human being.
Based on that provision, actually, it could be said that the Universal Declaration of Human Rights can be proper qualified to provide women to enjoy their human rights. Nevertheless, there is such an increased trend in violation of the women lives, even though few of them are not specifically subject to the women or just appeared as an abusing to community or men. Bunch, indicated this fact by provoking as follows:
“Significant numbers of the world’s population are routinely subject to torture, starvation, terrorism, humiliation, mutilation, and even murder simply because they are female. Crimes such as these against any group other than women would be recognised as a civil and political emergency as well as a gross violation of the victims’ humanity.” (Bunch, 1990; pp 486).
This problem suggests that there should be a special protection of the women’s rights to support the implementation of the common standard human rights that has been adopted by United Nations.
To achieve the human rights of women, United Nations has adopted the Convention on the Elimination of All Form of Discrimination against Women (CEDAW) in 1979 and it has been ratified by hundreds nations around the world. Almost all articles of the CEDAW, that contains thirty articles as well as the Universal Human Rights, seem much more to stand for preventing women suffering from the treating unequally in term of the distinction on the basis of sex. Roughly, the structure of CEDAW embodies discrimination, basic human rights, and fundamental freedom; politic, public life, and nationality; education, employment, health, and economic and social benefits; and law, marriage, and family (United Nations, 2005). Moreover, the convention also includes several provisions to ensuring the implementation of it, such as the establishment a particular committee and standard measurements and controlling toward any discrimination on women surrounding the world.
- Human Rights in Islam
Yasuaki says those who so strictly universal human rights oriented by questioning as: “It is not surprising that those interested in human rights ask: Did human rights exist in the teaching of Islam, Confucianism, or Buddhism?” (Yasuaki, 1999; pp 108). This statement is actually intending to show that human rights does really exist in those religion or any taught of particular circumstances. Yet, it is absolutely true that everyone may find out some notions of human rights in any cultures, societies and religion – include Islam, even they perform in somewhat different concept and implementation. Yasuaki adds that it is much easier agreeing the assertion that human rights exist in Islam and others (Yasuaki, 1999; pp 108).
Many Islamic scholars, such as Norani Othman, a Malaysian Islamic women’s rights activist and Abdullahi An-Na’im, have exposed some discourses about Islamic human rights inspired by the Qur’an – the Islamic holy book, and the Sunnah – traditions of Mohammad the prophet (Freeman, 2004). Like those common moral values on the basis of religions, Islamic human rights are strictly entitled with Islam in the context of religion. In addition, Shari’a – the Islamic law, is highly believed by Moslems that it provides the needed framework for the protection of human rights (Tibi, 1990).
Indeed, the Islamic world has adopted such a special Islamic convention toward human rights namely Universal Islamic Declaration of Human Rights that was established in 1981. This is the only one covenant of human rights which is based on religion that has been completed worldwide. Al-Hewar Center – The Center for Arab Culture and Dialogue, describes that the declaration comprises the rights which are written here in detail, as: right to life, right to freedom, right to equality, right to justice, right to fair trial, right to protection against abuse of power, right to protection against torture, right to protection of honour and reputation, right to asylum, right of minorities, right and obligation to participate in the conduct and management of public affairs, right to freedom of belief, thought and speech, right to freedom of religion, right to free association, right to involving in economic area, right to protection of property, right to status and dignity of workers, right to social security, right to found a family, right of married women, right to education, right of privacy, and right to freedom of movement and residence (A-Hewar Center, 1999). According to this, arguably, it seems that Universal Islamic Declaration of Human Rights is much more detail and comprehensive than the International Human Rights; for instance it proposes the right of minorities that is not clearly stated in the Universal Declaration of Human Rights.
In terms of women’s rights, although there is no particular convention on the protection of Islamic women’s rights, Moslem fellows attractively argue that Islam is a well known religion which completely recognises women’s rights. They are usually over-confident when they show that Islamic women’s rights are incomparable with whatsoever religion or cultural thought on this earth, even with secularism notions, as they believe that Shari’a as the basis of all Islamic rules, in which the women’s rights are entitled, is derived from words of God and the impossible-false of the Prophet’s acts and traditions. In this sense, Shari’a is looked at as a blessing rule that is respectable to human kind as the higher creation of God.
Sharif Muhammad declares, as it is quoted by Ida Glaser and Napoleon John, that the Qur’an has preserved women dignity, justice, and protection which, for a long time remained out of their reach (Glaser and John, 1998). Conceptually, there are many accounts in the Qur’an and Hadis), and also in Sunnah or the implementation of hadis, that related to the women’s rights. There are many Surahs (the passage or verse in the Qur’an) that could be seen as such evident of this issue; this one is the most common example by those Moslem fellows, taken from Surah 33:35, that was given whilst some of Mohammad’s wives asked him why the Qur’an only addressed itself to men, and some of the other believing women asked whether the verses about the wives were for them alone or for all women, as follows:
“For Muslim men and women - for believing men and women, for devout men and women, for true men and women, for men and women who are patient and constant, for men and women who humble themselves, for men and women who give in charity, for men and women who fast (and deny themselves), for men and women who guard their chastity, and for men and women who engage much in God's praise - for them has God prepared forgiveness and great reward. (Surah 33:35)” (Glaser and John, 1998: pp 20).
Moreover, there is a fundamental script, and quite well known words among Moslems from different levels and regions, that shows a respectfulness to women while the prophet Mohammad was giving an answer to the Sahabi’s question upon who was the most deserving of good treatment and honor: firstly is your mother; the second is your mother; the third is your mother; and then your father. (Yahya, 1996). In this sense, it could be argued that Islamic respecting to the women is three time higher than to the men. The implication of this, of course, that there should be a large space for women to actualize their willingness and rights in the whatsoever society and period they exist, more than what men may have.
- Discussion on Islamic approach to Human Rights
Yasuaki might be right when he pursues to study much more on so-called religion’s ideas toward human rights in order to deal with the international human rights. He believes that there are some similar ideas or expression to those of human rights that can be found out in almost all religious teaching. (Yasuaki, 1999). In the spirit of this lovely thinking, I would like to discus those issues on Islamic human rights in term of women’s rights.
First of all, the implication of the Islamic human right teaching, of course, has influenced not only those who believe in Islam but outsiders as well, furthermore they have had an influence on the global scale also. Therefore, analysing thoroughly and understanding the relationship between Islam and international human rights is quite urgent. Furthermore, it could lead us to understand properly this issue and if it is possible and needed, people may rationalise it in order to meet with the most acceptable part of human rights framework.
Factually, women subordination may be the main key point of the failure in implementing human rights insofar on the basis of religions, especially in Islam. On balance, this problem is not dominantly owned by Islam alone, but it also appears in other religions. Specifically, in Islamic context, this issue was emerged since the Qur’an taught some ideas in which imply the role of men and women are different. There are two examples that might be helpful to understand this case, namely the pleasure of heaven and woman’s role in a family.
Heaven in Islamic thought is a paradise of somewhat sensual taste, as Qur’an describes of beauty and of beautiful companions, as follows:
“God hath promised to believers, men and women, gardens under which rivers flow, to dwell therein, and beautiful mansions in gardens of everlasting bliss. But the greatest bliss is the good pleasure of God: that is the supreme felicity (Surah 9:72).
Therein will they recline (at ease); therein can they call (at pleasure) for fruit in abundance, and (delicious) drink; and beside them will be chaste women restraining their glances, (companions) of equal age (Surah 38:51-52)” (Glaser and John, 1998: pp 107).
Although in the first Surah above clearly specify both men and women are included, the second one is slightly confusing as the Qur’an seems to specify women as the glance restrainers, a party that subordinate to any other thing or person that should be served.
Another example is the women’s role that let them as a centre of the family. This happens due to the implementation of Islamic rule, namely Shari’a which was created in the second and third century of Islam. Mahnaz Afkhami claims that women’s rights interpretations in the Shari’a are dominated by cultural influential understanding about not only women’s limited capabilities but also the position of women’s role in the centre of the family. (Afkhami, 1995). Nevertheless, since this law is constructed based on the Qur’an and Sunnah, and thus it has such a powerfulness to perform people’s mind to abstract the distinction of role between men and women.
Both of these notions, actually, are much more coherent with the Islamic religion inclusively. But, as it is a kind of psychological taught that spreads widely in all activities of the believer both in the context of religion behaviour and other social life exclusively, hence it generates the specific feeling of the subordination of Islamic women. This false feeling conform steadily into every angle of human life from time to time, from generation to next ones until nowadays.
Another problem in understanding Islamic point of view toward human rights generally is that as an entitled thought with a religion, Islam requires all humans who would like to concern human rights under Islamic law to be Moslem. It is true that ones may declare that there is a grant to the right to religion and minorities as they are stated in the Universal Islamic Declaration of Human Rights. Nonetheless, it seems rather unfair since all forms of human rights need Islamic legitimacy, whereas all instruments of legitimating in Islam are totally against the outsider, non-Moslem.
The implication of the attitude of subordination has been impacted to the implementation of human rights in all forms of the Islamic society. Unfair and inequality between men and women becomes a serious barrier to realise the principle of universal human rights for all human beings. Yet, the obligation of being a believer in Islam also makes a clear confession that it is quite worthless to promote Islamic human rights for all human beings.
In addition, Ida Glaser and Napoleon John, by quoting Engineer’s words, writes that it is undoubtedly that there is a common thrust towards equality of the male and female in the Qur’an. Unlike in other religions, there is definitely no differentiation between men and women in religious matters. (Glaser and John, 1998). However, this statement seems inapplicable when that equability comes into implementation in the global context, as it is clearly stated the term of undivided men and women in ‘religious matters’.
- Conclusion
To summarise this essay, there are many similarities between the concept of universal human rights that has been adopted by United Nations and the Islamic Human Rights. They both include freedoms, equalities, and rights. To some extent, Islamic Human Rights notions is likely more detail and comprehensive. However, the problem in the Islamic human rights emerges at the stage of the implementation, in which it tends to require all as the Moslems.
The implication of this fait accompli is that it seems too vague to rely upon only an Islamic approach to human rights universally. Yet, as it has proved that there are subordinating teachings implied in Islamic thoughts, it clearly makes the achievement of human rights effort face several barriers. Thus, I conclude that the Islamic approach to human rights can not be compatible with the current international human rights doctrine, but it may work well in the faithful Islamic societies.
References:
Afkhami, M., (1995) Introduction. In Afkhami, M. (ed.) Faith and Freedom: Women’s Human Rights in The Muslim World. London: I.B. Tauris Publishers, pp. 1-15.
Al-Hewar Center (1999) Universal Islamic Declaration of Human Rights. alhewar.com, [accessed on 6th of January 2006].
Bunch, C., (1990) Women’s Rights as Human Rights: Towards a Revision of Human Rights. Human Rights Quarterly, (12): 486-498.
Freeman, M. D. A., (2004) The Problem of Secularism in Human Rights Theory. Human Rights Quarterly, 26(2): 375-400.
Glaser, I. and John, N. (1998) Partners or Prisoners? Christians thinking about women and Islam. Carlisle, the United Kingdom, Solway.
Tibi, B., (1990) the European Tradition of Human Rights and the Culture of Islam. In A. A. An-na’im and F. M. Deng (eds.) Human Rights in Africa: Cross-Cultural Perspectives, Washington, D.C.: The Brookings Institution, pp. 104-133.
United Nations (1998) The Universal Declaration of Human Rights. un.org, [accessed on 3rd of January 2006].
United Nations (2005) Convention on the Elimination of All Form of Discrimination against Women. un.org, [accessed on 3rd of January 2006].
Yahya, M. (1996) Women's Rights and Equality in Islam. aol.com/yahyam, [accessed on 6th of January 2006].
Yasuaki, O., 1999, Toward an Intercivilisational Approach to Human Rights. In J.R. Bauer and D. A. Bell (eds.), The East Asian Challenge for Human Rights, Cambridge: Cambridge University Press, pp. 108-123.
Hadis is the written collection of what the prophet Mohammad said and did. Like Qur’an is the world of Allah, Hadis is the word of Mohammad.
