Muslim World Journal of Human Rights Volume 2, Issue 1 2005 Article 11 SPECIAL “FROM THE FIELD”ISSUE:ISLAM AND HUMAN RIGHTS ADVOCACY FOR SOCIAL CHANGE IN LOCAL CONTEXTS Sociology of Rights: “I Am Therefore I Have Rights”: Human Rights in Islam between Universalistic and Communalistic Perspectives Recep Senturk∗ ∗Emory Islam and Human Rights Program,
[email protected] Copyright c 2005 by The Berkeley Electronic Press. All rights reserved. No part of this pub- lication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher, bepress, which has been given certain exclusive rights by the au- thor. Muslim World Journal of Human Rights is produced by Berkeley Electronic Press (bepress). http://www.bepress.com/mwjhr Sociology of Rights: “I Am Therefore I Have Rights”: Human Rights in Islam between Universalistic and Communalistic Perspectives∗ Recep Senturk Abstract “I am therefore I have rights,” argues this paper. Mere existence qualifies a human being for universal human rights. Yet human beings do not live in solitude; they are always embedded in a network of social relations which determines their rights and duties in its own terms. Conse- quently, the debate about the universality and relativism of human rights can be best understood by combining legal and sociological perspectives. Such an approach is used in this article to ex- plore the tensions and contests around the universality of human rights in Islamic law. Whether all human beings or just citizens are qualified for the inviolability of human rights is a question which divided Muslim jurists into two schools: Universalistic School, emanating from Abu Han- ifa, advocated for the universality of human rights, while Communalistic School, originating from Malik, Shafii and Ibn Hanbal, advocated for civil rights.