Islamic law and human rights

The relationship between Islamic law and human rights is hotly debated as we watch the various political projects launched by Islamist groups in the Middle East, from political parties such as the Muslim Brotherhood to terrorist groups such as ISIS. In response to these trends the Atlantic Council has launched an Islamic Law and Human Rights initiative to explore human rights violations by Arab states and non-state actors committed in the name of Islam. They hosted Monday a panel with Moataz El Fegiery, a human rights advocate from Front Line Defenders, and Hauwa Ibrahim of Harvard Divinity School.

In El Fegiery’s view Islamic law and human rights can be compatible but in practical application it comes down to the behavior and interests of the political actors capable of implementing Islamic law. There are two major trends among Islamic scholars trying to resolve the tension between Islamic law and human rights. One attempts to reconcile the two from within existing traditions of sharia, but this approach has limitations, especially in issues not previously prioritized in sharia such as gender equality and relations with non-Muslims. The second trend, which El Fegiery believes has greater potential, is a transformative approach introducing new interpretative methods or entirely new contextual readings of Islamic sources. The primary challenge this view faces is the inability to discuss such issues in the public sphere given censorship, blasphemy laws, and the power of the religious elite to shape public discourse.

Ibrahim shared observations of her interactions with Islamic law as a lawyer in Nigeria, where her clients included women sentenced to death by stoning. She believes Islamic law and human rights are compatible, but was frequently reprimanded by the religious establishment for her views of contextual religious interpretation. She noted vast differences in the application of Islamic law across countries and urged that we consider the cultural attitudes that inform these differences. It is wise to acknowledge the diversity of the Islamic world and the number of non-Arab Muslims that make up the global community. In response to a question regarding freedom of the press, specifically publishing images of the prophet, she noted that there is no clear answer. Given that these articles often have violent consequences the question of where one person’s freedom of speech begins and another’s ends must be a judgment call.

Both panelists agreed that in recent decades we have seen a decline in the robustness of debate among Islamic scholars due to censorship from both state and non-state actors. El Fegiery believes that we must create the conditions for an inclusive dialogue, including allowing for freedom of expression in the Islamic world. He also worries about religious education, where students are more likely to be indoctrinated in sharia law than be taught critical thinking skills. He believes with the appropriate social and political conditions we will gradually see a reformation occurring in Islamic thought allowing for the peaceful cohabitation of divergent views.