Humanities Assignment writing Help Online: Human Rights in Islamic and Sharia Laws

Humanities Assignment writing Help Review Analysis Online:

Since its origin in 1945, the role and importance of United Nation has been undergone through dramatic ups and downs. After the incorporation of United Nations, United Nations Declaration on Human Rights was adopted by the United Nations General Assembly in December 10, 1948. This marked a real beginning of the journey towards ensuring the Human rights protection universally through out the world by the rule of Law. Thus, today it is considered as the legal baseline of the modern international Human rights law. UDHR is perhaps the best text and most significant document in the history of mankind. It not only lay down the foundation of Human rights but also made the individual as the part of International Law. But the question that arises in our mind is about the true applicability of these laws. Are the countries following these laws and adopting the mentioned measures to curb the gross human rights violation in their countries? The answer will be “No”.

Despite of its noble and developing ideas under the said Declaration, the document faced much criticism since its inception in the name of cultural relativism. Today we can clearly get the examples of much chaos created by the people in the name of cultural relativism and the United Nations declaration on Human rights are just failing to stop these acts of gross human offences. Many of the cultural relativist has focused on the western aspect of these laws. The often call it the ‘western laws’.

The people are choosing those thing which they think are right for them as a residents of a particular society. This is called cultural relativism, where the rights and wrongs are cultural specific. What is moral and right in one society may be wrong and immoral in another so those who are in support of the cultural relativism are of the view that every society is different from other and in such circumstances you can no declare one custom and behavior as morally wrong.  It seems very difficult for the institutions like UN to implement the Universal law on the human rights issues in these situations.

There are some practices in few cultures which may be immoral or brutal for others, will completely shake you from inside such as Mayan practice of self- mutilation and human sacrifices and Arabs penal laws, where a woman and man can be beheaded or stoned in front of the crowd on the charges of adultery. These practices are still on and these people are not at all bothered about the International laws and any declaration on the Human rights matter. They are only following their barbaric cultures whatever it is.

It is true that the universal concept of anything is difficult, because every society is different from other on the basis of economy, their geographical conditions and religion. They should not be restrained from practicing their cultural norms but there should be a moral boundary. UN needs to take some solid steps to purify these errors so we will no more see the videos of people dying in the name of their brutal penal system.

1. United Nations is always subjected to the criticism right from its inception. The early criticism was regarding its one world governance intentions and later on it entered the political main stream.  It was always felt by the nations that though the intentions of the United Nations is unite the entire world on the human- political issues, but it failed to maintain its image like the way it was intended. Today United Nation is considered as a toothless tiger. The reason behind is its inactivity on the gross human rights issues. It is unable to act in clear and decisive way when confronted to crisis. Most of the nations are not willing to obey the international laws on the matter of human rights; they are just following their own rules which are more influenced by the political moves. There are many recent examples of the non obedience of Laws laid down by United Nation, such as the political unrest in the entire Middle Eastern region. There is unstoppable crimes against humanity is going on. One of the solutions that are suggested for this problem is the surrender of the sovereignty on these human rights matter by the countries to United Nation. By sovereignty we mean the exclusive right to exercise the legislative, judicial and executive authority over a particular geographic region or group of people. Like in Australia, the sovereignty lies in the people or citizens of Australia as we are the democratic nation. Surrendering sovereignty to some other means, the person or organization will become the supreme power to control your rights. In my opinion, the surrendering of sovereignty in many ways will be advantageous for both United Nations and the countries. The countries will become more and more serious on the implementation of UDHR but the real pressure will be on United Nations organization to make these nations more binding towards the instruments they are signing.

Australia is one of the founder members of United Nations and it remains the strong supporter of the Human rights through out treaty negotiation.  Australia is a democratic country where the real power vests with the people, in such case there is less chance of any kind of rebellion movements but we can not deny the chances of a corrupt and irresponsible government which may violate the provisions of UDHR, for example as seen in 2004 under Howard government, the Australian asylum seeker policy was in violation of the articles of UDHR. Hence, it will be advantageous for Australia too, if it surrenders its sovereignty to the United Nations. It is the right time for the world leaders to turn the whole world and ideals of the UDHR into actions, they must ensure that they will provide protection to the citizens irrespective of their financial status and backgrounds.

1. The human cost of terrorism has been felt almost every corner of the world. After the terrorist attack of 9/11 on United States of America, every country in the world has modified their laws to tackle with these terrorist activities namely the Anti- terrorism laws, so as Australia. Now we have all set of new laws such as, the new detention laws, the questioning and investigatory powers of police and the laws on controlling the terrorist groups without convictions. There is no doubt that these strict laws have profound impact on the individual’s fundamental human rights and freedoms such as:-

• Right to privacy
• Right to be heard
• Right of fair trial
• Right to non discrimination
• Right not to be tortured
• Right to freedom from arbitrary arrest and detentions

Human rights experts claims that the discrimination and custodial tortures are common for those who are too poor and can not afford the legal assistant. It is hard to deny the fact that the anti terrorism laws in any country is not violative of the human rights. In every part of the world, people are being tortured and given extreme treatments on the suspicion of them being terrorists or in anyway attached to the terrorist groups.

For example in Australia, the case of detention and questioning without charge by the police for 12 days of Dr. Haneef under part 1C, Division 2 of the Crimes Act. Although any one charged under the provisions of this law should be detained and questioned only for 24 hours. There was a gross violation of the human rights of Haneef, later on the charges were dropped due to the lack of evidence.

The Australian human rights commission has said that the Australian counter terrorism laws must comply with the Australian International Human Rights Commission.

According to the International law, there are few rights which can be infringed, generally they are called derogatory rights. These rights can be taken away in case of state emergency and also where there is the threat of national security and peace, and those rights which in no case is infringed or taken away are called non derogatory rights such as

• Right to life
• Freedom of thought conscious and religion
• Freedom from torture, cruel or inhumane treatment
• Elements of the right to free trial
• Right to be treated as human before any law

We can never justify the infringements or violation of the Human Rights of people being treated under anti terrorists laws to anyone but for the sake of the large community of our innocent people these actions seems to be necessary. Terrorism has a direct impact on the enjoyment of a number of human rights, in particular the right to life, liberty and physical integrity of an individual. Terrorist acts can destabilize the governments, jeopardize the peace and security of the nation, threaten social and economic development, and specially affects the entire innocent people. Hence for the protection of these community it is required that the anti terrorists laws should be very strict so that it can put restrictions on these activities.

1. Australia is among the founder nations of United Nations and also remains the strong supporter of the human rights through the entire negotiation. Most recently in 2008 the federal government took various steps for improving the protection of human rights in Australia. Human rights in Australia has been largely adopted by the Australian parliamentary democracy and safeguarded by the Australian human rights commission and an independent judiciary. The Australian Human Rights Commission is Australia’s national human rights institution having 23 years of experience in protecting and promoting human rights protection. Australia has agreed to become bound by the treaties like ICCPR and the ICESR as well as many other human rights instruments.

 Because of its colonial past, the notion of rights established by the Magna Carta and Bill of rights (1689) were brought by the British colonists. Australian constitution also provides all the essential human rights to its citizens such as right to life, liberty and human dignity.  In the beginning of 2009 two committees of the United Nation issued Australian report card on the compliance with the ICCPR, commented on the incompatibility on the aspects of counter terrorism laws and fundamental human rights and the need to increase the access to justice and legal system.

Australia does have a strong and proud record of human rights. However that record is not perfect, some people are discriminated and denied their human rights on the basis of color caste religion and sex. There are many examples where the Australian laws are failing to implement the standards of international human rights commission such as the homeless people and refugees in Australia do not have the resource to access their protection of human rights. Also there are a large number of women and children who are facing domestic violence needs better laws to protect their human rights. Keeping in mind the failure of the current system at protecting human rights in Australia, a Human Rights bill must be introduced in the parliament, protecting all the rights contained in international treaties to which Australia is a party and the international human rights declaration Australia supports, so that the bill should result in our own Human Rights Act.

The Act should provide suitable scopes to make complaints about the breaches of human rights anywhere. The government should be required to assess all the future legislations in the light of this newly enacted Human Rights Act. There are also other measures to ensure an effective protection of Human Rights such as the education and community awareness programs. There should also be the human rights training for the governmental agencies.

1. Sharia Law is a moral code and religious law of Islam. The source of Sharia laws is Quran and the sayings of Prophet Mohammad which is called ‘Hadith’. Sharia Laws are considered to be the most aggressive and violent because of the punitive nature of it. Sharia means the ‘path’ in Arabic which is given to a vast collection of ethical and legal principles that a true, believers in Islam is expected to observe. It is not the Sharia Laws which should be blamed or held responsible for the growing incidents of Human rights violation but those who use to misinterpret and misguide the young Muslim minds for their own benefits. There is no surprise when we say that there are many laws in Sharia legal system which is incompatible of the United Nations Declaration of Human Rights. The basic human rights such as right to life and personal liberties have no place in strict sharia laws. Women are suffering gross discrimination on their basic rights, men are free to marry and divorce as they wish but the women are deprived. In Sharia or Islamic Law there is no option for an offender to be given second chance for rectifying the wrong he has committed. If the charges against him is proved or witnessed by two or more men, no matter whatever it is, he will not be given further chance to be heard or to prove his innocence, the man will be punished. In other words we can say that there are no such rights to be heard before the court of law or the right of fair trial. The punishments are also very barbaric, such as stoning, hanging in public and body parts ambulation. Recently, the Taliban militants, who use to declare themselves to follow the Islamic or Sharia Law released a brutal video in which a woman was shot dead by them in public on the charges of adultery. This was one among many such examples.

 Although most of the laws in Sharia are punitive with the prime objective of punishing the culprits, these are followed by the numerous people and banning them will hurt the religious sentiments of Muslim community, as a result of which there will be more distress and instability across the world. Mashood Al Badrein, SOS in the University of London is of the opinion that the international human rights law and Sharia laws are no doubt the two extreme ends, but when we formulate a synthesis between these two we will be left with the argument that there are differences of scope and applications but there is no fundamental incompatibility between these two bodies of law. there differences could be better better addressed and understood if the concept of Human Rights were positively established from within the themes of Islamic Laws, rather than imposing it upon Islamic law as an alien concept.  In my opinion also, putting a complete ban on Sharia law is not the solution but will be discriminatory on the part of those who are trying to follow their religion. The problem should be looked not with angle of anti Muslims but anti human rights violators.

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