Islamic Fundamentalism - Human Rights Controversy

Human Rights Controversy

Fundamentalist Islamic states and movements have been criticized for their human rights record by international organizations. The acceptance of international law on human rights has been somewhat limited even in Muslim countries that are not seen as fundamentalist. Ann Elizabeth Mayer writes that states with a predominantly Muslim population, even when they adopt laws along European lines, are influenced by Islamic rules and precepts of sharia, which cause conflict with international law on human rights. According to Mayer, features found in conflict include severe deficiencies in criminal procedure, harsh criminal penalties causing great suffering, discrimination against women and non-Muslims, and prohibition against abandoning the Islam religion. In 1990, under Saudi leadership, the Organisation of Islamic Cooperation, a group representing all Muslim majority nations, adopted the Cairo Declaration on Human Rights in Islam, which substantially diverges from the 1948 Universal Declaration of Human Rights (UDHR). The Cairo declaration lacks provisions for democratic principles, protection for religious freedom, freedom of association and freedom of the press, as well as equality in rights and equal protection under the law. Further it stipulates that "all the rights and freedoms stipulated in this Declaration are subject to the Islamic shari'a".

The Cairo declaration followed years of limited acceptance of the Universal declaration by predominantly Muslim states. As an example, in 1984, Iran’s U.N. representative, Said Raja’i Khorasani, said the following amid allegations of human rights violations, " recognized no authority apart from Islamic law.... Conventions, declarations and resolutions or decisions of international organizations, which were contrary to Islam, had no validity in the Islamic Republic of Iran.... The Universal Declaration of Human Rights, which represented secular understanding of the Judaeo-Christian tradition, could not be implemented by Muslims and did not accord with the system of values recognized by the Islamic Republic of Iran; this country would therefore not hesitate to violate its provisions." These departures, both theoretical and practical, have resulted in a multitude of practices and cases criticized by international human rights groups. See human rights in the Islamic Republic of Iran, human rights in Saudi Arabia, and Taliban treatment of women for specific examples.