Islamic Law and Human Rights: A Comparative Study

1. Islam is a monotheistic religion articulated by the Quran, a book containing the word of Allah.
2. Islam's teachings and scriptures were revealed by the Prophet Muhammad.
3. Sharia encompasses all Islamic laws, jurisprudence, and rulings.
4. The Quran, considered the direct words of Allah, serves as the Islamic legal constitution. When the Quran doesn't directly address a subject, Muslims consult alternative sources of Islamic law.
5. The Sunnah refers to the traditions and practices of the Prophet Muhammad, many of which are recorded in Hadith literature.
6. When specific legal rulings aren't found in the Quran and Sunnah, the consensus (Ijma) of legal scholars is sought.
7. In cases requiring legal rulings not addressed in other sources, judges or scholars may use analogy (Qiyas), reasoning (Ijtihad), and legal precedent to establish new case law.
8. Three Sources of Islamic Law:
   • The Quran
   • The Sunnah
   • Ijma (Consensus)
   Other sources include: Fatwa, Ijtihad, Istihsan, and Taqlid.
9. Alternative Sources of Islamic Law: When the Quran doesn't offer specific details on a subject, Muslims turn to alternative sources like the Sunnah, Ijma, and Qiyas.
10. The sources of Islamic law address essential human rights, guaranteeing protection, dignity, and the continuation of civil society.
11. Islamic human rights cover a broader spectrum than Western human rights, encompassing daily activities.
12. The Cairo Declaration on Human Rights in Islam (CDHRI), adopted in 1990 by the Organization of Islamic Cooperation (OIC) member states, provides an overview of Islamic human rights.
13. "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." This is Article 6 of the International Covenant on Civil and Political Rights (ICCPR), 1966.
14. CDHRI Article 17(c): "The State shall ensure the right of the individual to a decent living, enabling them to meet their needs and those of their dependents, including food, clothing, housing, education, medical care, and other basic needs." UDHR Article 25: "Everyone has the right to a standard of living adequate for the health and well-being of themselves and their family, including food, clothing, housing, medical care, and necessary social services."
15. CDHRI Article 17(b): "Everyone shall have the right to medical and social care, and to public amenities provided by society and the State within their available resources."
16. CDHRI Article 6: "Woman is equal to man in human dignity and has rights to enjoy as well as duties to perform. She has her own civil entity and financial independence, and the right to retain her name and lineage."

CDHRI: The State shall ensure the right of individuals to a decent living, enabling them to meet their needs and those of their dependents.

UDHR: Everyone has the right to a standard of living adequate for their health and well-being and that of their family.