1. Interpreting Fundamental Rights in Islam.
- Author
-
Ranjah, Zia Ullah
- Subjects
- *
CIVIL rights of Muslims , *CIVIL rights (Islamic law) , *HUMANITARIAN law , *ISLAM & justice , *MUSLIMS -- Social life & customs - Abstract
No constitution is expected to be without the provision of fundamental rights such as the right to life, liberty, and dignity of man as the protection of fundamental rights is a must for the meaningful living of humans. These fundamental or basic rights are endowed on humans by birth, therefore, they have been provided to the people in varied forms and degree under all legal systems, culture, and civilizations. However, some western scholars seem to deny this historical evidence. They argue that the concept of fundamental rights does not exist in Islam. They claim that fundamental rights or human rights have emerged in western societies only. To them, in Islam, there are only duties to God and independent human rights are not available to the Muslims. This argument is based on the assumption that there is no space for the notion of fundamental rights in Islam as the Quran and the Sunnah emphasizes the performance of religious duties or obligations. The present paper examines the validity of this argument in view of the opinion of a few Muslim scholars. Further, it explores the meaning and the application of fundamental rights in the context of the constitutional practice and judicial interpretation in an Islamic state i.e.the Islamic Republic of Pakistan. It posits that the superior courts in Pakistan have creatively employed Islamic law and jurisprudence to expand and strengthen the meaning, concept and the provisions of fundamental rights within its constitutional dispensation. [ABSTRACT FROM AUTHOR]
- Published
- 2020