Universality Of Human Rights Analysis

Human rights can be said that it is part of a world social process which can be expressed as the international law of human rights. Further, international law is seen as an inter-cultural law, and an appeal to international law is the evidence of the universal standard of human rights. Regardless of this justification, it is said that universality of human rights must be recognised in the context of the different cultures that exist .

When discussing the universality of human rights, Dias has identified three main types of attack on the universality of human rights i.e.; the proponents of New World Order, governments of the developing countries and the leadership of religious fundamentalism and ethnic anarchism. He has further stated that

Abdullahi An-Na‘im in his article on Human Rights in the Muslim World goes through an analytical process in regard to the precept of Islam and how it is been followed, as well as the impact it has on the universality of human rights. Accordingly, in explaining the Islamic law he states that ‘the historical formulations of religious law, which is commonly known as the Shari’a, includes a universal system of law and ethics and purports to regulate every aspect of public and private life of an individual. The power of Shari’a law to regulate the behavior of Muslims derives from the moral and religious authority as well as the formal enforcement legal norms’. Such as the status and rights of women in the Muslim society, has always been influenced by the Shari’a law .

In the Muslim World, the Qur’an is the literal and final word of God and Prophet Muhammad is the last Prophet. During the life time of the Prophet, he further, elaborated on the meaning of the Qu’ran and showed it to his people by way of action and practice. This information book is known as Sunna (Hadiths). After the death of the Prophet, it took many centuries to compile the Sunna. Some of these Sunna are still controversial in terms of authenticity and the Qu’ran. The Shari’a law is basically derived from the Qu’ran and the Sunna

In this, Muslims enjoy the rights of a full citizen of an Islamic State other than the limitations imposed the women, and a non-Muslim individual in the Islamic State has does not share the same rights as a Muslim of that State, and hence, they come under the status of Dhimma, which means a special compact with the Muslim State which guarantees them security of persons and property and a degree of communal autonomy to practice their own religion and conduct their private affairs in accordance their customs and laws. In exchange of this, the non-Muslims undertake to pay a poll-tax. Therefore, it can be said that this is a violation of human rights and that the Dhimmis are not equally treated with the Muslims of the State .

Women’s human rights have always been in the forefront in regard to the debate on the universality of human rights and cultural relativism. It is known to be cited as the most virulent expression of cultural relativism. Article 2 of the 1993 Declaration on Violence against Women defines explicitly traditional practices harmful to women. In the present day context at an international level, it has been a major topic, where, the society treats women in an unfair and unequal manner because of the cultural elements or religious