Atlantic Council RAFIK HARIRI CENTER FOR THE MIDDLE EAST The Islamic Tradition AND THE Human Rights Discourse EDITED BY H.A. HELLYER The Islamic Tradition AND THE Human Rights Discourse EDITED BY H.A. HELLYER ISBN-13: 978-1-61977-557-2 Cover photo: Annie Spratt on Unsplash This report is written and published in accordance with the Atlantic Council Policy on Intellectual Independence. The author is solely responsible for its analysis and recommendations. The Atlantic Council and its donors do not determine, nor do they necessarily endorse or advocate for, any of this report’s conclusions. September 2018 ACKNOWLEDGEMENTS Firstly, I would like to acknowledge the scores of scholars, academics, practitioners, activists and many others from different walks of life who gave their time and insights, most generously. I cannot mention them all, as there were more than a hundred we engaged with – but I thank them all. This volume is dedicated to all those who have struggled for just and fundamental rights to be upheld – sometimes with recognition, but more often than not, without. Their sacrifices, whether vis-à-vis state authorities or non-state actors, can never be appreciated enough. I would like to note the financial support that was received from the Carnegie Corporation of New York, that was generous and consistent throughout this project. In particular, this work would have been difficult to imagine without the deliberate care of Dr. Hillary Wiesner, Program Director at the Carnegie Corporation for Transnational Movements and the Arab Region, and Ms. Nehal Amer, Program Assistant at the same, provided to us. I thank them, with all sincerity. When this project began, Ms. Mirette Mabrouk was our Director of Research and Programs at the Rafik Hariri Center, as well as being our Deputy Director. She was not only instrumental in bringing me on board to lead this project but previously critical in getting me to join the Atlantic Council in the first place. I cannot thank her enough. Then, Ambassador Fred Hof our previous Director, and currently our Nonresident Senior Fellow. Without his un- flinching encouragement, I doubt this project would have been able to progress, and for this, he has my gratitude. My research consultant, Ms. Sama’a al-Hamdani, worked tirelessly on this project, and was dedicated to it - her efforts and commitment meant this project reached the finish line. Many within the center gave their support, but in particular, I should like to note the work and effort of Ms. Nancy Messieh, our Center’s Associate Director for Digital Media and Communications, who has now become the overall Digital Content Producer for the entire Atlantic Council. Thank you, Nancy! Finally – the work that is enclosed in these pages, written by scholars, academics and activists from around the world, is a privilege to be able to publish. They are to be thanked, but I would be remiss if I did not note that there were many others around the world that I engaged with – well over a hundred people in various fields – to discuss various themes and topics related to this work. To all of them, I offer my gratitude for their time, and their trust in engaging with me on this project. CONTENTS Acknowledgments ii Foreword 2 Introduction 6 SECTION I: The Philosophical Framing of the Conversation: Challenges in Definitions and Categories 9 Life, Liberty, and the Pursuit of Islamic Happiness: Islam and Human Rights 10 Human Rights from an Islamic Perspective: A Response to the Crisis of Christian Humanism from Modernism through Post-Modernism 15 Healing the Rupture between “Islamic” and “Western” Human Rights 20 SECTION II: Islamic Tools for Defining and Practicing Human Rights 25 Islam and the Middle Way: Towards a Constructive Engagement with the Human Rights Discourse 26 Rights in Islamic Legal Works 31 Adamiyyah (Humanity) and ‘Ismah (Inviolability): Humanity as the Ground for Universal Human Rights in Islamic Law 39 SECTION III: Contemporary Conversations and Muslim Perspectives 43 Gender and Women’s Rights in Islam 44 Islam, Healthcare Ethics, and Human Rights 49 Human Rights in the Malay World 55 SECTION IV: Case Studies in the West 59 Islam, Muslims, and Religious Freedom in Europe: A Test of Faith 60 Q & A: The Rise of Islamophobia 64 The Rise of the Alt-Right: Understanding the Sociocultural Effects of Mainstreaming Anti-Muslim Sentiment 68 About the Editor 76 The Islamic Tradition and the Human Rights Discourse FOREWORD The Islamic Tradition, the but among Muslims of majority and minority commu- Human Rights Discourse, and nities more generally. Indeed, the very word tajdid has been instrumentalized in a variety of fashions—usu- Rejuvenation: Towards an Islamic ally in ways that are overtly political, at the expense Notion of Twenty-First Century of intellectual and scholarly rigor—which then fails to Ethics satisfy the popular authenticity requirement of Muslim communities. Dr. H.A. Hellyer The question, then, for this project, was to identify The Islamic Tradition and Rejuvenation questions that needed to be asked in order to move forward with sustainable change within Muslim com- ome years ago, I found myself in the midst of munities. The subject of “Islamic rejuvenation” is an a conversation with a mix of Malay, Yemeni, interesting one to consider—and perhaps there is Albanian, and Western Muslims, discussing a no better place to raise the question than within the Snew “Islamic car” in a particular country with theme of modern human rights discourse. a Muslim majority. The conversation became rather caustic, because the Islamic car had a rather dubious The human rights discourse (HRD) is particularly rel- “Islamically ethical” set of features. This Islamic car’s evant to Muslim communities worldwide—because it key features included a compass that directed the pas- touches on the situation of Muslim communities where sengers toward Mecca for prayer; when the car door they exist as majorities, and it touches on the situation opened, the Islamic greeting of peace was electronical- of Muslim communities as minorities. It affects Muslims ly uttered; and a space on the dashboard was reserved on every continent in the world and is not limited to for the written text of the Quran. one ethnic or racial group. And as the HRD is indelibly intertwined with international discourse more gener- Those present noted that the “Islamic car” emitted as ally, it has an intrinsic effect on policies ranging from much pollution as any other car; it consumed the same public governance to health services, and far beyond. amount of fuel, and so forth. Inadvertently, it struck an apt metaphor for literati referring to much of what The focus on faith-based responses to such primordial passed for modern versions of “Islamization.” When human concerns may seem somewhat unusual for dif- discussions around contemporary rejuvenation of ferent audiences, particularly western ones. But while Islamic discourse arise, it appears that this may often it may be understandable that such reticence exists, be what is described: a type of discourse that is es- and such reticence ought to be engaged with, it does sentially similar to contemporary hegemonic discourse, not necessarily follow that such inhibitions should whatever that might be, but with a veneer of Islamic define or frame discussions. Like many communities, vocabulary. If the notion of “Islamic values” is somehow Muslim communities, whether as demographic minori- meant to be an ethical one, then where are the ethical ties or majorities, take religion seriously—sometimes changes that take place when Islamization occurs? Or as identity markers, sometimes as ideational cogni- are ethical values, whether in Muslim communities or tive frames, and at times as both. In discussions with otherwise, often co-opted, resulting in political parti- opinion leaders in majority Muslim communities and sanship, where religious establishments are likewise co- minority Muslim communities, it was consistently re- opted, and thus the disconnect between rejuvenation inforced that if change within Muslim communities and identity politics is complete? takes place, it needs to be presented convincingly as congruent with their ethical frameworks in order to be That notion of rejuvenation is deeply held within the sustainable. This project took that imperative particu- corpus of Islamic tradition—and is often referred to larly seriously. After all, if the rights discourse claims as tajdid (renewal) or islah (reform). That, in itself, is universalism of any kind, it ought to then follow that all hardly a revolutionary concept. Indeed, it is constantly who would engage with it have the competency to do raised by governments, political movements, and non- so irrespective of what power they possess, rather than state actors when considering how to advance toward be forced to communicate in the language of those more holistic and beneficial modes of governance and who have hegemonic political power. human development in the Arab world in particular, 2 ATLANTIC COUNCIL The Islamic Tradition and the Human Rights Discourse Nevertheless, there is another important reason to ex- activists, religious leaders, public intellectuals, and amine the human rights discourse (HRD) and its en- policy makers all around the world—in Muslim major- gagement with the Islamic tradition: the human rights ity communities as well as Muslim minorities; in South discourse has its own broader philosophical claim. Africa and Egypt; in Malaysia and Canada; in the United The HRD is not one bereft of philosophy or ideational Kingdom and Singapore; in Europe and North America. frames—it has a wider cognitive frame at its root, which In this publication, we have put together some of the is based in a modern moment, particularly in the mid- most sterling facets that were developed by different late twentieth century. That raises pertinent questions contributors over the course of this project.