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Islam and the Challenge of Human Rights$
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Abdulaziz Sachedina

Print publication date: 2009

Print ISBN-13: 9780195388428

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780195388428.001.0001

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The Nature of Islamic Juridical‐Ethical Discourse

The Nature of Islamic Juridical‐Ethical Discourse

Chapter:
(p.41) 2 The Nature of Islamic Juridical‐Ethical Discourse
Source:
Islam and the Challenge of Human Rights
Author(s):

Abdulaziz Sachedina (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195388428.003.0002

This chapter deals with a critical assessment of Islamic juridical tradition—a formidable obstacle to a number of articles of great consequence for the protection of individual rights that are enshrined in the Universal Declaration of Human Rights. My aim is to explore the ethical doctrines that undergird the legal tradition in Islam, because, as I argue in this chapter, it is the ethical dimension of Islamic legal methodology that holds the potential for an inclusive universal language that can engage the universal morality of the declaration. What is critically needed in the Islamic context is to demonstrate to traditionalist scholars that Islamic ethics shares common moral terrain with the declaration on several levels, and to disregard its sources as antireligious would be to foreclose any opportunity to dialogue with liberal secularists on the need to protect human dignity and to advance peace with justice in the world.

Keywords:   Legal methodology, ethical underpinnings, principles, objective good and evil, legal rulings, cultural legitimacy, religious reason, political Islam, human dignity, apostasy

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