Chapter 7
Breaks and Continuity in a Complex Debate
In: Dynamics of Islam in the Modern WorldSearch for other papers by Mouez Khalfaoui in
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Abstract
It goes without saying that the subject of “Islam and human rights” has been debated intensively over the last fifty years. The most important questions have been and still remain: Are Islam and human rights compatible? How is Islam to be reformed to meet the norms of human rights? And why do Muslim states so often have numerous reservations on international human rights treaties and conventions? The answers to these questions depend on the perspectives and the context within which the debate on Islamic law and human rights takes place. In the Muslim world, contrasting positions range from conservative Muslims who argue that the norms of human rights already exist in Islam and that there is no need to commit to them in separate treaties, to those who argue that Muslims should get rid of Islamic norms and ratify and implement international human rights. This chapter sheds light on the subject from another point of view while taking into consideration the contemporary political and cultural changes that have influenced Muslim debates about human rights. Therefore, instead of a general Islamic doctrine, the chapter speaks of Islamic law (shariʿa), and instead of Islam, it speaks of Muslims.