1. Islam & Human Rights Siti Ruhaini Dzuhayatin Islamic State University Yogyakarta- Indonesia 2007

2. Human Rights to Social Justice Race/ethnicity Faith Social class Sex/ Gender Social equality/ equity Civil and Political Rights Economic, social & cultural rights Social Justice Discrimination: Stereotype Subordination Marginalization violence Culture Religion Ideology

3. Equality to Social justice All human being regardless of their race or ethnic, faith, social class and sex and gender are entitled to have equal: All human being regardless of their race or ethnic, faith, social class and sex and gender are entitled to have equal: access, participation, control over decision making and benefit of development and social justice. Social justice will be achieved if human basic needs are fulfilled: aspects on civil and political rights and economic, social and cultural rights. Social justice will be achieved if human basic needs are fulfilled: aspects on civil and political rights and economic, social and cultural rights.

4. Human Rights Category The First generation: Civil & Political rights The First generation: Civil & Political rights Rights to grant human dignity: individual rights Rights to grant human dignity: individual rights The seconds: Economic, social & cultural Rights: Rights to fulfill life sustenance or enjoyment. The seconds: Economic, social & cultural Rights: Rights to fulfill life sustenance or enjoyment. Right of poor nations to access part of the abundant resources of rich nations: results of unequal political economic in the global setting. Right of poor nations to access part of the abundant resources of rich nations: results of unequal political economic in the global setting. The third generation: collective rights: based on solidarity: right to peace, right to development, right to balance environments The third generation: collective rights: based on solidarity: right to peace, right to development, right to balance environments The First generation: Civil & Political rights The First generation: Civil & Political rights Rights to grant human dignity: individual rights Rights to grant human dignity: individual rights The seconds: Economic, social & cultural Rights: Rights to fulfill life sustenance or enjoyment. The seconds: Economic, social & cultural Rights: Rights to fulfill life sustenance or enjoyment. Right of poor nations to access part of the abundant resources of rich nations: results of unequal political economic in the global setting. Right of poor nations to access part of the abundant resources of rich nations: results of unequal political economic in the global setting. The third generation: collective rights: based on solidarity: right to peace, right to development, right to balance environments The third generation: collective rights: based on solidarity: right to peace, right to development, right to balance environments

5. Discrimination as the Obstacle to Achieve Social Justice Forms of discrimination: Forms of discrimination: Stereotype : negative label to degrade human dignity of others: Stereotype : negative label to degrade human dignity of others: indigenous: unintelligent, negligent, laid-back, conservative and uncivilized. indigenous: unintelligent, negligent, laid-back, conservative and uncivilized. Women: physically & intellectually inferior to men. Women: physically & intellectually inferior to men. Subordinate position : Subordinate position : Patriarchy: men’s social position is superior to women: men are leaders & masters. Women are followers and providers. Patriarchy: men’s social position is superior to women: men are leaders & masters. Women are followers and providers. Feudalism: The rich is the dominance and the poor are the subordinate. The royal family is the leader and the communal and ordinary people are ruled and controlled Feudalism: The rich is the dominance and the poor are the subordinate. The royal family is the leader and the communal and ordinary people are ruled and controlled

6. Marginalization: public life : Marginalization: public life : majority are leaders and minority are ruled and controlled. majority are leaders and minority are ruled and controlled. Men are leaders and managers & women are followers or executors Men are leaders and managers & women are followers or executors Violence: Violence: Physical, emotional and sexual violence Physical, emotional and sexual violence

7. The Root of social discrimination Culture: Patriarchy, feudalism, ethnic chauvinism Religion : misogyny, prejudice & bigotry. Ideology: power dominance & hegemony

8. Human Rights as Universal value? Universality of human rights: Universality of human rights: Global acceptance of human rights achieved since the adoption of UDHR 1948. Global acceptance of human rights achieved since the adoption of UDHR 1948. Universalism of human rights Universalism of human rights Interpretation and application of Human right principles: a common universal value consensus: Interpretation and application of Human right principles: a common universal value consensus: Has not been achieved Has not been achieved Being subjected of debate: Universalism Vs cultural relativism Being subjected of debate: Universalism Vs cultural relativism Individual right Vs Collective rights Individual right Vs Collective rights

9. The Paradox of Human Rights : Western Liberal perspective: Human rights are exclusively universal, both substance and application; western norms should always be the universal model for human right law : emphasis heavily on individual rights. Western Liberal perspective: Human rights are exclusively universal, both substance and application; western norms should always be the universal model for human right law : emphasis heavily on individual rights. Universalism of Human rights understood by non Westerners as the return of the colonial laws which were systematically diminish the local laws. “ another form of new colonialism serving to strengthen the dominance of the West. Universalism of Human rights understood by non Westerners as the return of the colonial laws which were systematically diminish the local laws. “ another form of new colonialism serving to strengthen the dominance of the West.

10. Cultural relativism (non Western) : Human right principles are not exclusively rooted in western culture, but are inherent in human nature and based on the ultimate morality of every culture and religion. Human rights will not be fully realized without contextualizing them into local culture. Cultural relativism (non Western) : Human right principles are not exclusively rooted in western culture, but are inherent in human nature and based on the ultimate morality of every culture and religion. Human rights will not be fully realized without contextualizing them into local culture. cultural relativism prone to abuse and to justify human rights violations by different regimes cultural relativism prone to abuse and to justify human rights violations by different regimes

11. Muslim’s Responds to Human Rights 1. Islam is compatible with international human rights. 2. True human rights can only be fully realized under Islamic law. 3. International human right is an imperialist agenda that must be rejected 4. Islam is incompatible with international human rights.

12. 1. Human Right is compatible with international human rights Inclusive approach to Islamic Law: Most promising perspective in harmonizing Islam& human rights. Derived from the inclusive understanding of Islamic law: Most promising perspective in harmonizing Islam& human rights. Derived from the inclusive understanding of Islamic law: The sources and methods of Islamic contain the concept of good governance and human welfare: respect for justice, protection of human life and dignity that validate modern international human rights ideals. The sources and methods of Islamic contain the concept of good governance and human welfare: respect for justice, protection of human life and dignity that validate modern international human rights ideals.

13. 2. True human rights can only be fully realized under Islamic law Exclusive Approach to Islam & HR : Exclusive Approach to Islam & HR : Part of the submission to the Divine requires the deepest and sharpest sense of responsibility as well as the total absent of arrogance and egoism, internal and external communication. human rights in Islam have been granted by God; they have not been granted by any king or by any legislative assembly. human rights in Islam have been granted by God; they have not been granted by any king or by any legislative assembly. The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are conferred. They can withdraw them when they wish; and they can openly violate them when they like (Abu al-'A'la Mawdudi ). The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are conferred. They can withdraw them when they wish; and they can openly violate them when they like (Abu al-'A'la Mawdudi ).

14. 3. International human right is an imperialist agenda Post-colonial responds : not peculiar to Muslim; common responses of developing countries in fear of the neo- colonialism. not peculiar to Muslim; common responses of developing countries in fear of the neo- colonialism. Psychological aspect of the past colonial experience of most developing countries under Western imperialism Psychological aspect of the past colonial experience of most developing countries under Western imperialism Double standard of the West: Double standard of the West: Iraq invasion to Kuwait Vs US invasion to Afghanistan Iraq invasion to Kuwait Vs US invasion to Afghanistan Saudi Arabia Vs China Saudi Arabia Vs China

15. 4. Islam is incompatible with international human rights. “Fundamentalist” political approach: “Fundamentalist” political approach: Human right objective has a hidden anti- religious agenda. Human right objective has a hidden anti- religious agenda. Human Rights is new ‘civil religion’ and international ideology of humanism ” rooted in secularization in the West. Human Rights is new ‘civil religion’ and international ideology of humanism ” rooted in secularization in the West. Systematically remove religiosity from the world order. Systematically remove religiosity from the world order. Promote decadence and immorality: Homosexuality, adultery and abortion, etc. Promote decadence and immorality: Homosexuality, adultery and abortion, etc.

16. Islamic Law Framework Islam Qur’an & Hadist Approaches Social Context Qur’anic Studies Hadist Studies History Juris prudence (Fiqh) Literal /Textual Contextual Sufism Strict / exclusive Progressive/ inclusive Current Islamic Law Syariah

17. Syari’ah & Islamic Law Misconception about Syariah & Islamic Law Misconception about Syariah & Islamic Law Syari’ah: Syari’ah: The source :the corpus of the revealed law (the Qur’an & authentic tradition of the prophet. The source :the corpus of the revealed law (the Qur’an & authentic tradition of the prophet. Textually immutable: moral, legal, social & spiritual aspects of Muslim Textually immutable: moral, legal, social & spiritual aspects of Muslim Islamic law: (Current Syariah) Islamic law: (Current Syariah) ‘positive law’ derived from “fiqh”: human understanding and application of Syariah. ‘positive law’ derived from “fiqh”: human understanding and application of Syariah. Changing according to time and circumstances. Changing according to time and circumstances.

18. Exclusive and textualist: Exclusive and textualist: Uncritically used “Syariah” (Islamic Law) to cover the source and the method as well as the application (fiqh). Uncritically used “Syariah” (Islamic Law) to cover the source and the method as well as the application (fiqh). Unaware of “human agencies” in the formulation of figh : cultural hegemony: Arab Vs non Arab, class structure: the ruling class & communal and and gender biases; Male and female scholars. Unaware of “human agencies” in the formulation of figh : cultural hegemony: Arab Vs non Arab, class structure: the ruling class & communal and and gender biases; Male and female scholars. Inclusive and Progressive: Inclusive and Progressive: Differentiate between Syariah & fiqh (Islamic law) Differentiate between Syariah & fiqh (Islamic law) Sensitive to “human agencies and “human progress” Sensitive to “human agencies and “human progress” Acknowledge political interests behind the application of Islamic law. Acknowledge political interests behind the application of Islamic law.

19. Islamic Law in Indonesia Indonesia: not Islamic State but Muslim country. Indonesia: not Islamic State but Muslim country. Islam is one of five official religions. Islam is one of five official religions. Fiqh: one of the sources of ‘positive law’ (Islamic inspired law) : Indonesian family Law 1974. Fiqh: one of the sources of ‘positive law’ (Islamic inspired law) : Indonesian family Law 1974. Current Application of “Syari’ah Law”: Current Application of “Syari’ah Law”: Political trend after reformation: Political Autonomy and decentralization. Political trend after reformation: Political Autonomy and decentralization. Political means to gain people’s support. Political means to gain people’s support. Public disappointment of the corrupt “secular” government: political chaos & enduring economic crisis. Public disappointment of the corrupt “secular” government: political chaos & enduring economic crisis.

20. Human Right Issues in Indonesia The denial of equal right of non-Muslim in the highest political leaderships: President & head of Parliament (the supremacy of the majority). The denial of equal right of non-Muslim in the highest political leaderships: President & head of Parliament (the supremacy of the majority). The denial of equal rights to establish religious institutions: churches, temples, schools: requires the permission of the surrounding community (Ministerial decree 2003). The denial of equal rights to establish religious institutions: churches, temples, schools: requires the permission of the surrounding community (Ministerial decree 2003). Unequal rights to religious practices for Islamic minority groups: Shi’i and Ahmadiyah: outlawed by the National Ulama council (fatwa no. 8, 1989). Unequal rights to religious practices for Islamic minority groups: Shi’i and Ahmadiyah: outlawed by the National Ulama council (fatwa no. 8, 1989).

21. Unequal right of men and women: Unequal right of men and women: Public leaderships Public leaderships Access to education Access to education Family matters: Family law: husband: family leader, the main financial provider & educator. wives: loyal supporter & housewives. Family matters: Family law: husband: family leader, the main financial provider & educator. wives: loyal supporter & housewives.