Human Rights Between Islamic And Secular Laws: An Examination Of Al-Ilory’s Perspectives Through His Huquq Al-Insan Bayn Adyan Al-Samai Wa Qawanin Al-Zaman (Human Rights Between The Heavenly Religions And Conventional Laws)

Abstract

Human rights abuse has over the years grown to be a usual phenomenon of nasty experience in virtually all the countries of the world. However, some western scholars do hold tenaciously to the fact of gradual process of evolution of the doctrine of human rights. They refer to Magna Carta of 1215, and other similar instruments, as the only background documents about human rights. On the other hand, Islamic Law maintains a contrary position as it hinges the source of all rights of man as well as any other subject or issue on the ultimate Creator, Allahu swt. To this extent, scholars of Islamic Law have interpreted reference to the said Magna Carta as a reflection of the commencement date of the western idea of rights as opposed to the widespread misgiving of the same instruments being the starting point ever known. Applying the doctrinal research methodology to the pursuit of the pre-occupation in this treatise, the paper found that the dichotomy of approaches of Islamic and secular laws on the subject of this paper is, to a great extent, responsible for abuse of here and there rights. It is also found that while there is over concentration of the West only on the rights of man at the expense of his duties, Islamic law places equal premium on both rights and duties of man. Consequently, this paper recommends having concern for the synergy of the two, side by side each other, in keeping faith with the Islamic law pattern. This is with a view to stem nuns the tide of continuous abuse of human rights throughout the world. Al-Ilory until his death was a Nigerian Islamic Law scholar and prolific writer of international repute. His detailed work of similar context in Arabic language published some decades ago has relevance to the comparative theme of this paper. The paper thus makes the same fulcrum of attention in the analytical engagement of the literary piece at hand. Expected benefits for the public from this work are huge and immense if recommendations therein are heeded to the brim.