CSSMuslim Law

Q. No. 7. Discuss the relationship between Maqasid-e-Shariah and Human Rights. 2019

Maqasid-e-Shariah, or the objectives of Islamic law, refers to the overarching purposes and goals of Islamic legal principles. These objectives are based on the Quran and Sunnah and are intended to promote the well-being and welfare of human beings. Similarly, Human Rights refer to the basic rights and freedoms that are entitled to every human being, irrespective of their religion, ethnicity, gender, or nationality.

There is a strong relationship between Maqasid-e-Shariah and Human Rights. The principles of Maqasid-e-Shariah aim to promote human welfare, dignity, and well-being. Similarly, Human Rights seek to uphold the dignity and well-being of human beings. Both concepts have similar objectives of promoting and protecting human dignity and promoting the common good.

For example, the Maqasid-e-Shariah principles of preserving life, faith, intellect, property, and family align with the Human Rights principles of the right to life, freedom of religion, freedom of expression, property rights, and family rights. Additionally, the principle of social justice in Maqasid-e-Shariah is similar to the Human Rights principles of equality and non-discrimination.

However, there are also differences between Maqasid-e-Shariah and Human Rights. Islamic law has a specific cultural and historical context, which can differ from the cultural and historical contexts of Human Rights. Additionally, there may be disagreements regarding the interpretation and application of specific Maqasid-e-Shariah principles. Therefore, it is important to ensure that the principles of Maqasid-e-Shariah and Human Rights are interpreted and applied in a manner that is consistent with their shared goals of promoting human welfare, dignity, and well-being.

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