Islamic Theology and Human Rights Frameworks

Areas of Tension Between Mainstream Islamic Theology and Human Rights Frameworks

Human Rights References:

• HRA 1998 = Human Rights Act (UK)

• EA 2010 = Equality Act (UK)

• ECHR = European Convention on Human Rights

• UDHR = Universal Declaration of Human Rights (UN)

While mainstream Islamic theology shares many ethical principles with international human rights frameworks — such as justice, dignity, and charity — there are areas where traditional interpretations of Islamic law (sharia) may conflict with modern human rights norms, particularly when applied in legal or political contexts. Below is an analytical summary.

1. Freedom of Religion & Apostasy

• Islamic position (traditional): Apostasy (leaving Islam) is often viewed as a grave sin. In classical jurisprudence, some schools prescribe punishment, including death, though others advocate for no temporal punishment.

• Conflict with:

  • Article 9 ECHR & UDHR: Freedom of thought, conscience, and religion, including the right to change religion.

  • HRA 1998 (Schedule 1): Incorporates this right.

  • Note: Most contemporary Islamic scholars and many Muslim-majority states do not enforce penalties for apostasy, but it remains a live theological and legal debate.

2. Equality Between Sexes

• Islamic position (classical): Men and women have complementary roles, but traditional jurisprudence includes:

  • Men as heads of households

  • Differences in inheritance rights (e.g., daughters receive half a son’s share)

  • Male guardianship requirements in marriage in some interpretations

• Conflict with:

  • Equality Act 2010: Prohibits gender discrimination

  • ECHR Article 14 & Protocol 12: Prohibits discrimination

  • UDHR Article 2: Equal rights without distinction of sex

🔍 Modern interpretation: Many contemporary Muslim thinkers argue for gender equality within an Islamic framework, but traditional rulings remain widely taught.

3. Sexual Orientation and LGBT+ Rights

• Islamic position (mainstream): Homosexual acts are traditionally considered sinful, and some Islamic legal systems criminalize them.

• Conflict with:

  • Equality Act 2010: Prohibits discrimination based on sexual orientation

  • ECHR Article 8 & 14: Right to private life, non-discrimination

  • UDHR Article 2: Equal dignity and rights

In practice: Muslim individuals and communities vary widely. Some adopt inclusive interpretations; others maintain conservative stances.

4. Blasphemy and Freedom of Expression

• Islamic position (traditional): Blasphemy (insulting the Prophet or Islam) is often considered a major offence, with some schools prescribing severe penalties.

• Conflict with:

  • ECHR Article 10 & HRA: Freedom of expression

  • UDHR Article 19: Right to freedom of opinion and expression

Contemporary note: Most Muslims oppose violent enforcement of blasphemy laws but believe in respecting religious symbols.

5. Non-Muslims in Islamic Law

• Islamic position (classical): In traditional Islamic governance, non-Muslims (dhimmis) had protected but subordinate legal status (e.g., subject to jizya tax, limitations on religious expression).

• Conflict with:

  • ECHR, HRA, EA 2010, UDHR: Require full equality regardless of religion

Modern application: These classical rules are generally not enforced today outside of some theocratic states, and many Islamic scholars call for equal citizenship for all.

Summary Table