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Traditional Islamic Ethics: the Concept of Spiritual Virtue And TRADITIONAL ISLAMIC ETHICS: THE CONCEPT OF SPIRITUAL VIRTUE AND ITS IMPLICATIONS FOR CONTEMPORARY HUMAN RIGHTS Irfaan Jaffer A DISSERTATION SUBMITTTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOHY GRADUATE PROGRAM IN HUMANITIES YORK UNIVERSITY TORONTO, ONTARIO April 2018 © Irfaan Jaffer, 2018 Abstract This dissertation is made up of two main sections. The first section argues that the current social culture and legal structure of international human rights needs to be more flexible and inclusive if it truly aims to be universal in scope. This is because The Universal Declaration and its offshoots are still underpinned by secular-liberal principles and therefore, they are at odds with other cultural traditions. To this end, this section critically explores popular human rights histories and contemporary ethical theories that attempt to justify human rights. In doing so, it argues that the debate is still ongoing and therefore, the exclusion of any alternative visions is unjustified. Thus, the goal of the first section is to ‘create a space of dialogue’ for one such alternative vision. The second section of this dissertation constructs a theory of virtue ethics that has the ability to ‘ground’ an Islamic vision of human rights. This is because virtue ethics addresses fundamental questions concerning human existence which ultimately determine the constitution of human rights. In order to answer these questions, this study operates within the framework of the school of ‘Islamic Traditionalism’ and in doing so, it concludes that much of the friction between Islam and contemporary human rights is due to the fact that the latter emphasizes secular-liberal understandings of freedom, equality, and justice. In contrast, this study argues that an ‘Islamic’ human rights model must be grounded in God and His revelation and moreover, that it must emphasize human duties, inward transformation, and societal balance. It also argues that an ‘Islamic’ human rights society is one that is filled with ‘reminders’ of the Divine presence and structured in a way that allows Muslims to achieve their primary purpose in life – a virtuous ‘Heart’ in this world and felicity in the hereafter. The second section concludes by offering ii some introductory remarks concerning contemporary human rights issues such as the implementation of Islamic law in general, pluralism, corporal punishment, and gender. In doing so, this study argues that there are ‘spaces of convergence’ that create a minimal overlapping consensus between the two traditions. However, this study also argues that there are fundamental differences and that these differences should be welcomed by human rights theorists and advocates. iii Acknowledgments I would like to thank my family and friends for their support and encouragment thoughout my doctoral studies in general, and throughout my dissertation work in particular. More specifically, I would like to thank my parents, Nusrat and Shenaz; my siblings, Aadil and Sara; my lovely wife Sayyeda; and some of my dearest friends, Mark McGuire, Merin Shobhana Xavier and Shiraz Khan. This undertaking would have been next to impossible without their their seemingly never-ending supply of prayers, patience, encouragemnt and critical dialogue. Just as importantly, I would like to recognize the members of my dissertaiton comitte. My supervisor, Professor Minoo Derayeh, put aside many hours of her valuable time in order to provide me with much needed advice and constrcutive criticism. Professor Selma Zecevic has selflessly guided me ever since I took her introductory course on Islam during my undergraduate studies. I cannot repay her for the many years of intellectual and emotional support. Finally, I would like to thank Professor Liyakat Takim for his extreme professionalism and kindness. He has shown me the type of ‘professional’ that I hope to be someday. Lastly, I would like to express my gratitude to the Graduate Program Directors and staff at York University’s Humanities Department. Professor Marcus Reisenleitner and Professor Victor Shea have always made me feel comfortable with their ‘open door’ policies and Sorkleng Jax has always attended to my many questions and concerns with dilligence and kindness. iv TABLE OF CONTENTS ABSTRACT …………………………………………………………………………………………ii ACKNOWLEDGEMENTS ………………………………………………………………………...iv TABLE OF CONTENTS …………………………………………………………………………...v INTRODUCTION …………………………………………………………………………………..1 Holistic Islam, Traditionalism and the Dialogical Approach ………………………..........3 A Note on Sources and Terminology ……………………………………………..............13 Chapter Outline …………………………………………………………………………...17 A Note on Translation, Transliteration and Structure …………………………………….20 CHAPTER ONE: HUMAN RIGHTS AND THE INCOMPLETE DEVELOPMENT OF A SECULAR-LIBERAL ETHIC ……………………………………………………………...22 Introduction ……………………………………………………………………………….22 A Popular Account of Human Rights History …………………………………………….24 The Construction and Assumptions of Human Rights Histories ………………………….28 CHAPTER TWO: HUMAN RIGHTS AND THEIR UNDERLYING ETHICAL THEORIES ………………………………………………………………………………………….35 Introduction ……………………………………………………………………………….35 A Critical Exploration of Utilitarianism …………………………………………………..36 A Critical Exploration of Natural Rights …………………………………….….….….….43 A Critical Exploration of Postmodern Ethical Sentimentalism …………………………...51 Human Rights and the ‘Question of Universality’ …………………………………….….58 v CHAPTER THREE: RELIGION, ISLAM AND HUMAN RIGHTS …………………..............66 Introduction …………………………………….….….….….….….….….….….….….…66 Islam and the Challenge of Human Rights …………………………………….….….…...73 Understanding Contemporary Islamic Thought …………………………………….….…85 Situating the Traditional School of Thought …………………………………….….….…91 CHAPTER FOUR: TRADITIONAL ISLAMC ETHICS AND THE CONCEPT OF VIRTUE ………………………………………………………………………………………...107 Introduction …………………………………….….….….….….….….….….….….…….107 Ethics and Virtue in the Quran and Islamic Tradition ……………………………………118 Traditional Islamic Virtue Theory …………………………………….………….………128 CHAPTER FIVE: TRADITIONAL VIRTUE THEORY AND ITS IMPLICATIONS FOR HUMAN RIHGTS …………………………………………………………………………....163 Introduction …………………………………….….….….….….….….….….….….…….163 Human Rights and the Principle of Servanthood …………………………………….…...164 Islamic Law, Pluralism, the Penal Code and Gender ……………………………………..176 CONCLUSION ………………………………………………………………………......................194 BIBLIOGRAPHY…………………………………………………………………………………...202 APPENDICES ………………………………………………………………………………………228 Appendix A: The Universal Declaration of Human Rights ………………………………228 Appendix B: Declaration of Responsibilities …………………………………….….……234 Appendix C: The Universal Islamic Declaration …………………………………….…...238 Appendix D: The Asean (Bangkok) Declaration …………………………………….…...248 Appendix E: African Charter on Human Rights and Peoples Rights ……………………..253 vi INTRODUCTION Human rights – as expressed in the International Bill of Rights – are increasingly envisioned as a set of self-evident and foundational truths. In turn, many human rights advocates and organizations are treating them as the legal and social norm for the global community. However, despite this growing popularity, it is clear that human rights are far from self-evident or foundational. Rather, they are symptomatic in so far as they are derived from particular worldviews and the latter’s basic metaphysical, ontological and epistemological suppositions. Today’s human rights are a product of the secular-liberal ethical tradition and have their roots in Christian natural law. Therefore, they cannot be qualified as ‘universal’. If this fact is consistently ignored, there will continue to be growing friction and resistance from other cultural traditions around the world. These traditions will carry on seeing human rights as an alien concept that is being employed as a tool for Western or Global imperialism.1,2 In light of this, this study argues that the legal structure and social culture of human rights needs to be more flexible and inclusive. It needs to open up a space for different human rights visions that share the same goal of protecting citizens by curbing excess of power and helping those citizens pursue their community’s particular vision of ‘the good’. If this is done, this study’s working assumption is 1 This study uses The English Oxford Living Dictionary’s definition of imperialism as “a policy of extending a country's power and influence through colonization, use of military force, or other means”. There is a debate concerning imperialism and its ‘location of power’ in an increasingly globalized and technological world. For a more detailed approach to this debate and its related concepts, see: Loomba, Ania. Colonialism/Postcolonialism. 2nd Ed. New York: Routledge, 2005. 2 The argument that human rights are being used as a tool for imperialism is a valid one. Many international organizations, such as the World Bank and International Monetary Fund (IMF), invoke the concept of rights to further their global reach and economic agendas. Unfortunately, an in-depth study of human rights and economics is beyond the scope of this work. For a brief discussion on the topic, see: Freeman, Michael. Human Rights: An Interdisciplinary Approach. Cambridge: Polity Press, 2007. Pp. 176-201. Also see: Fairbrother, Richard and McCorquodale. “Globalization and Human Rights.” Exploring International Human Rights: Essential Readings. Ed. Callaway and Harrelson-Stephens. London:
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