A 1,400-Year-Old Framework for Human Dignity
Long before the United Nations drafted the Universal Declaration of Human Rights in 1948, Islamic law had already established comprehensive principles of justice and equality that resonate strongly with modern human rights concepts. A new study published in Muhâdarah: Journal of Islamic Studies reveals that the values of ‘adl (justice) and musāwah (equality) have been foundational to Islamic teaching since the 7th century .
The research, conducted by scholars from Universitas Negeri Semarang, examines how these Islamic principles intersect with contemporary human rights frameworks. The findings demonstrate that Islam established fundamental human rights values more than a millennium before they became part of international law.
These principles are deeply rooted in the Islamic doctrine of tawhid—the belief in the oneness of God—which affirms the inherent equality of all human beings before their Creator. Additionally, the concept of humans as khalifah (vicegerents) on earth entails a profound responsibility to uphold justice and benefit all of creation. This theological foundation provides a robust basis for the universal values of human dignity and justice, even as it differs from secular human rights philosophy in its ultimate source of legitimacy .
The Two Pillars of Islamic Human Rights: Justice and Equality
Justice (‘Adl) as the Core of Islamic Teachings
Justice in Islam is not merely a legal concept but a comprehensive moral and spiritual obligation that permeates all aspects of life. The Qur’an explicitly commands believers to uphold justice, even when it is difficult or goes against their own interests.
Allah declares in the Qur’an, “Indeed, Allah has commanded you to convey the message to those who are entitled to receive it, and when you establish a law among men that you may judge justly…” (QS. An-Nisa: 58). Another verse emphasizes, “… Be fair. Because justice is closer to piety…” (QS. Al-Ma’idah: 8) . These divine instructions establish justice as a direct and non-negotiable command.
Islamic scholars emphasize that justice in Islam is neither relative nor situational but must be upheld in all circumstances—even against people one dislikes. This principle extends beyond formal legal proceedings to encompass social, economic, and moral dimensions of life. Social justice includes economic equity, the elimination of discrimination, and equal treatment for all members of society.
Historical examples demonstrate how these principles were practiced. Caliph Umar bin Khattab, one of Islam’s most renowned leaders, exemplified this commitment to justice. He famously responded to a governor’s son who had mistreated an ordinary citizen: “Since when did you enslave people, when they were born to their mothers in a state of freedom?” . This statement powerfully illustrates the Islamic rejection of social hierarchy and oppression.
Equality (Musawah) as a Divine Principle
The principle of equality in Islam is most clearly articulated in Surah Al-Hujurat, verse 13: “O mankind! Indeed, We have created you from a male and a female, and made you into nations and tribes so that you may know one another. Indeed, the most noble among you in the sight of Allah is the most pious” . This verse establishes piety, not race, ethnicity, or social status, as the sole measure of human worth.
This profound statement rejects all forms of discrimination based on race, skin color, social class, or gender. The study emphasizes that in the Islamic view, every human being possesses equal value as God’s creation. Differences among people exist only to facilitate mutual recognition and collaboration in goodness, not to justify hierarchy or oppression .
The principle of equality finds practical expression across multiple domains:
- Right to life: Islam forbids taking any life without valid legal justification
- Right to opinion: Muslims are encouraged to practice shura (consultation), where diverse views are respected and considered
- Right to worship: Every individual has the freedom to worship Allah directly without intermediaries
Comparing Islamic and Modern Human Rights Principles
| Dimension | Islamic Law | Modern Human Rights | Areas of Alignment |
|---|---|---|---|
| Foundational Principle | Tawhid (oneness of God) and divine revelation | Secular rationality and human dignity | Both affirm inherent human worth and dignity |
| Justice (‘Adl) | Divine command; applies to all regardless of status | Universal right; equal treatment before law | Both oppose oppression and discrimination |
| Equality (Musawah) | All humans equal before God; piety as only distinction | All humans equal regardless of race, gender, religion | Both reject discrimination and promote fairness |
| Source of Rights | God (theocentric) | Human reason (anthropocentric) | Key difference in legitimacy and orientation |
| Human Responsibility | Rights balanced with moral duties to God and society | Individual freedoms as primary focus | Islam adds spiritual dimension to rights framework |
| Key Documents | Qur’an, Sunnah, classical fiqh | UDHR (1948), ICCPR, ICESCR | Modern Islamic declarations (e.g., Cairo 1990) echo both |
| Human Dignity | Humanity honored as God’s creation (QS Al-Isra:70) | Inherent dignity from birth | Strong convergence on central importance of human worth |
| Freedom | Exercised within limits of piety and social responsibility | Absolute individual liberty | Islamic freedom includes accountability dimension |
Meeting Points Between Islamic Law and Modern Human Rights
The Universal Declaration of Human Rights (1948)
The Universal Declaration of Human Rights emerged as a response to the atrocities of World War II, asserting that every human being is born with equal rights and freedoms regardless of race, gender, language, religion, or social status. Its core principles include:
- The right to life, liberty, and personal security
- Freedom from torture or enslavement
- Freedom of opinion, religion, and expression
- The right to work, education, and a decent life
- The right to participate in government
The philosophical foundation of the UDHR is secular and anthropocentric, deriving human dignity from human rationality and inherent worth as a moral value independent of religious belief .
The Cairo Declaration on Human Rights in Islam (1990)
In response to the UDHR, the Organization of the Islamic Conference drafted the Cairo Declaration to articulate human rights from an Islamic perspective. This declaration affirms that human rights must be exercised within the framework of Islamic sharia. It guarantees the right to life, honor, freedom of thought, and social justice for all human beings while rejecting all forms of racial and social discrimination .
The Cairo Declaration recognizes individual freedom but places it within the boundaries of moral values and divine law. This reflects the Islamic view that human freedom must be exercised responsibly, recognizing that absolute freedom without moral constraints can damage social and moral order .
Areas of Strong Convergence
Despite fundamental differences in philosophical foundations, the study identifies robust similarities between modern human rights concepts and Islamic legal principles :
| Area of Agreement | Islamic Foundation | Modern Human Rights |
|---|---|---|
| Opposition to Oppression | Commanded by Allah (Qur’an) | Core human rights principle |
| Human Dignity | Human honored as God’s creation (QS Al-Isra:70) | Inherent dignity from birth |
| Equality | All equal before God (QS Al-Hujurat:13) | All equal before law |
| Right to Life | Protected by sharia | Protected by UDHR |
| Justice | Fundamental divine command | Foundation of rule of law |
The study emphasizes that both systems place human beings as subjects with dignity and rights that must be respected . Islam and modern human rights alike oppose oppression, injustice, and violations of fundamental freedoms. The main difference lies not in their goals but in their sources of legitimacy and orientation.
Maqasid al-Shari’ah and Modern Human Rights Goals
| Maqasid al-Shari’ah Objective | Modern Human Rights Equivalent | Indonesian Constitutional Basis |
|---|---|---|
| Protection of Religion (Hifz al-Din) | Freedom of religion and belief | Article 28E, 29 (1945 Constitution) |
| Protection of Life (Hifz al-Nafs) | Right to life and security | Article 28A |
| Protection of Intellect (Hifz al-‘Aql) | Freedom of thought and expression | Article 28E (3) |
| Protection of Lineage/Progeny (Hifz al-Nasl) | Protection of family and children | Article 28B |
| Protection of Property (Hifz al-Mal) | Right to own property and economic justice | Article 28H |
Relevance in the Indonesian Context
Islamic Principles in Indonesian National Law
The study finds that Islamic principles of justice and equality show remarkable harmony with Indonesia’s constitutional framework. Articles 28A to 28J of the 1945 Constitution guarantee the right to life, freedom of religion, equality before the law, and the right to justice—all of which are fundamentally aligned with Islamic values .
Indonesia’s legal system actively demonstrates this integration:
- Family Law: Law Number 1 of 1974 concerning Marriage incorporates principles of gender justice and child protection that resonate with Islamic values
- Religious Courts: Law Number 3 of 2006 expanded the authority of religious courts to handle sharia economic matters
- Sharia-Based Legislation: Laws on zakat, waqf, and sharia economics embody Islamic justice values
The Constitutional Court plays a crucial role in harmonizing Islamic values with constitutional human rights norms, emphasizing the importance of balancing individual freedom with the nation’s moral values .
The Role of Maqasid al-Shari’ah
The study highlights the importance of maqasid al-shari’ah—the higher objectives of Islamic law—which include the protection of religion, soul, intellect, lineage, and property . These objectives have direct relevance to basic human rights in modern law.
The maqasid approach allows for contextual interpretation of Islamic texts in accordance with the goals of justice and public benefit. This creates space for dialogue between Islamic law, positive law, and modern human rights principles .
This harmonization is not without challenges. The study identifies several obstacles:
- Differences in interpretation between fiqh schools create diversity of legal views
- Gender equality and minority rights often spark debate between traditional interpretations and modern standards
- Limited institutional capacity in applying Islamic law sometimes conflicts with principles of transparency and accountability
Strategies for Harmonization
The researchers propose adaptive strategies for harmonizing Islamic law with modern human rights standards :
- Strengthening contextual ijtihad based on maqasid al-shari’ah
- Fostering collaboration between scholars, academics, and state institutions in policy formulation
- Improving Islamic law and human rights education for law enforcement officials
Islamic Values as Global Ethics
The study positions Islamic principles as a source of universal ethics that can contribute significantly to global discourse on human rights . Islam’s emphasis on social justice, humanitarian solidarity, and moral responsibility can enrich international dialogue and offer a constructive alternative in realizing global justice.
The principles of justice and equality apply not only to Muslims but to all humanity, making them particularly relevant in an era of globalization and international relations. Islamic values can contribute to the development of a more just and civilized world order by offering a morally grounded approach that balances rights with responsibilities .
A Harmonious Vision for Human Rights
The study’s findings highlight the enduring relevance of Islamic law’s principles of justice and equality in the modern human rights context. Islam provides a solid concept of human rights that is rooted in solid principles and has universal relevance that can be implemented in contemporary life.
The principles of ‘adl and musāwah are not merely normative-religious concepts but also have practical applications in modern legal systems. Justice in Islam includes balance between rights and obligations, and equality affirms that all human beings have equal standing before the law regardless of race, gender, social status, or religion .
The most significant contribution of this research is demonstrating that while Islam and modern human rights differ in their sources of legitimacy, they share remarkably similar goals: upholding human dignity, opposing oppression, and creating a just and equitable society . Understanding this harmony reveals how Islamic legal principles can contribute to strengthening global human ethics and developing justice-oriented national legal systems.
