Kirkwood, G.

English

Scientific and technical library of the National Aviation University

ХІІ Міжнародна конференція «Політ. Сучасні проблеми науки»  
 
150 
АКТУАЛЬНІ ПРОБЛЕМИ СУЧАСНОГО ФІЛОСОФСЬКОГО ЗНАННЯ 
 
УДК 172.1:342.721:348.97 (0432) 
Kirkwood G. 
Fulneck School, London 
 
PROBLEM OF UNIVERSALISM OF MAN’S RIGHTS CONCEPT 
AS ELEMENT OF WORLD POLITICS GLOBALIZATION: 
ANALYSIS OF ISLAMIC DOCTRINE 
 
In our study we’re looking at the position of man, his subjective and objective 
understanding of the law, the relation of rights and responsibilities from Sharia’s 
perspective. 
Researchers have concluded that man’s rights are not the main aspect of Islam, 
whereas responsibility and obligation are. For example “the dogmas of faith did not 
grant the Muslims any rights, a Muslim only has commitment to God”. Personality had 
absolutely no power in Sharia. 
Western authors have noted the reinforcement of Sharia’s laws on duties rather than 
on human rights. J. Schacht claimed that the Islamic law is characterized by being an 
encompassing system of religious duties, but at the same time it demonstrates a 
personal, individualistic feature and represents the combination of personal privileges 
and individual duties. H. Afshar wrote that the individual is central to the Islamic law 
and everything is subordinated to the individual’s interests. 
The variety of the conceptual approaches to this issue is caused by Sharia’s 
ambiguous nature, which is reflected in the concept of subjective law and human rights 
that combines the imperativeness and the orientation towards the idea of godly 
influence with human creativity and given confined freedom. Sharia consists of two 
main types of rules of conduct, the first of which concerns worshiping, completing 
one’s religious duties, and the second one regulates their temporal relationships. The 
first form of Sharia concerns basically only duties. Also in the fundamental sources of 
fiqh these religious rules are described in their fullest form, which creates the 
impression, that Sharia is primarily a system of duties rather than individual rights. The 
second one concerns the rules of temporal Muslim conduct, which combine both duties 
and rights. The principle of free commercial activity is a good example of the 
aforementioned type of Sharia’s rules. 
The subordination of man to Allah’s will is a distinguishing feature of the Islamic 
ideology. A. Vasilyev stressed the fact that there is an essential difference of conceptual 
order between the Islamic and the liberal idea of man’s rights and freedom. From 
secular European perspective the source of power and law is the nation, whereas in the 
eyes of Muslim jurists the basis for law is exceptionally Allah’s will. 
 
  


PROBLEM OF UNIVERSALISM OF MAN’S RIGHTS CONCEPT AS ELEMENT OF WORLD POLITICS GLOBALIZATION: ANALYSIS OF ISLAMIC DOCTRINE

https://er.nau.edu.ua/bitstream/NAU/10050/1/Polit%202012_%d0%a7%d0%b0%d1%81%d1%82%d1%8c151.pdf

PROBLEM OF UNIVERSALISM OF MAN’S RIGHTS CONCEPT AS ELEMENT OF WORLD POLITICS GLOBALIZATION: ANALYSIS OF ISLAMIC DOCTRINE

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Scientific and technical library of the National Aviation University