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The role of equality and human rights in the convergence of Islamic and Western concepts of justice

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Year: 2017
COI code: ICJE01_100
Paper Language: English

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Authors The role of equality and human rights in the convergence of Islamic and Western concepts of justice

Maciej Troć - PhD candidate in the Faculty of Law at the University of Warsaw Warsaw


This paper examines the relationship between Islamic and Westernconcepts of justice. The author underlines that the main obstacle in theconvergence of justice between those two legal systems lies in the differentroles assigned to both equality and human rights. As Lawrence Rosencorrectly observes, the emphasis on justice in Islam is not on equality but onequivalence. It means that various social groups are to be treated inaccordance with their nature rather than identically. This approach seems to beopposite to what is generally accepted in the Western theories of justice inwhich equality is usually a cornerstone of justice. Especially John Rawlsshows that no rational human being would be willing to accept inequalityfrom an impartial position. The author claims that this is directly incompatiblewith equivalent treatment of different social groups in Islam. The authorfurther explores the role of human rights in both Islamic and Westernconcepts of justice. The differences in this respect are best illustrated by thefact that the Universal Declaration of Human Rights widely accepted inwestern society is not acceptable to the countries governed by Sharia law. Thebiggest disparities arise from the different hierarchy between religion andhuman rights. The author concludes that the differences can be resolved tosome extent by leaving the matters of equality and human rights incompatiblewith major religions outside of the scope of international regulations


human rights, equality, justice, Sharia law

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COI code: ICJE01_100

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Troć, Maciej, 2017, The role of equality and human rights in the convergence of Islamic and Western concepts of justice, Internationa Confeence on Justice and Ethics, مشهد, دانشگاه فردوسي مشهد, the text, wherever referred to or an achievement of this article is mentioned, after mentioning the article, inside the parental, the following specifications are written.
First Time: (Troć, Maciej, 2017)
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