Human Rights in the Perspective of Sharia and International Law

Abstract

The relationship between Sharia and international human rights law has long been the subject of both scholarly debate and political controversy. While international law, particularly since the adoption of the Universal Declaration of Human Rights (1948), emphasizes universality and individual autonomy, Sharia derives its legitimacy from divine revelation and integrates duties with rights in a theocentric paradigm. These different foundations often generate tensions, especially in areas such as gender equality, freedom of religion, and freedom of expression, yet they also reveal considerable areas of convergence, including the protection of life, justice, family, and property. This study adopts a normative-juridical and comparative approach, examining primary sources of Sharia, international human rights treaties, and contemporary scholarly interpretations. It pays particular attention to the role of maqāṣid al-sharīʿah and contextual ijtihād as interpretive tools for bridging divergences. The findings suggest that Sharia should not be perceived as a static code but as a dynamic tradition with the capacity for renewal when interpreted through its higher objectives. Reformist methodologies demonstrate significant potential for harmonization, though institutional initiatives such as the Cairo Declaration on Human Rights in Islam (1990) illustrate both progress and limitations.