Book Name : Human Rights in Islam
Author : Justice P.K. Shamsuddin
Publisher : Pharos Media & Publishing Pvt Ltd
Pages : 210 pages
Year of Publication : 2025
Reviewed by: Dr. Khan Yasir
Justice P.K. Shamsuddin’s Human Rights in Islam is a concise yet comprehensive contribution to one of the most enduring global conversations – the universality of human rights and their rootedness in religious and moral traditions. Written by a former judge of the Kerala High Court, the book stands out for its clarity, brevity, and simplicity – qualities not often associated with judicial writings. Unlike the dense legal tomes that judges are often known for, Justice Shamsuddin’s work adopts an accessible and systematic pattern, free from jargon and excessive theorizing. Across 24 chapters, the author engages both the jurist and the lay reader, inviting them to examine the Islamic perspective on human rights with special reference to the Universal Declaration of Human Rights (1948).
Justice K.M. Joseph’s Foreword adds further weight to the volume, situating it as a timely effort to bridge understanding between faith and universal ethics. He particularly notes his admiration for the achievements of Muslim women highlighted in the book – especially the reference to the construction of the Zubaida Canal in 801 CE, discussed in the chapter on gender justice, which exemplifies women’s historical contributions to social welfare and public good in the Islamic world.
The first chapter of the book is conceptual, where the author dispels the mythical significance of Magna Carta as the fountainhead of the human rights discourse and challenges the “cultural bias” and “narrow-mindedness” of human rights theoreticians who regard human rights as a product of modern Western civilization. He rightly argues that “until the 17th century, the Western world had no idea of human rights” and further asserts that,
An unbiased and dispassionate study of the Holy Qur’ān, teachings and preaching of Prophet Muhammadﷺ and traditions and precedents of the four righteous caliphs, would convince anybody that Islam evolved and developed all modern principles of human rights at a time when the world was plunged in ignorance and darkness, and liberated humanity from all kinds of evils. (p. 20)
He supports his argument with notable quotations, for example, Count Ostrorog’s acknowledgment of the logical consistency of Islamic laws and “a doctrine of toleration of non-Muslim creeds so liberal that our West had to wait a thousand years before seeing equivalent principles adopted,” and Justice C.G. Weeramantry’s observation that “Human Rights doctrine in Islam was a logical development from its basic postulates, namely, the sovereignty of God and revelation to the Prophet. From these postulates the basic principles of human rights such as those now enshrined in international documents followed logically as a necessary part of Islamic law.” (pp. 23-25) The author, however, laments that Muslim nations have failed to live up to the ideals of the Prophetﷺ and the rightly guided caliphs, remarking:
As an ideology and a way of life, the philosophy of Islam is sublime and exceptional, but so long as it is not a living ideology and is not implemented in its pristine purity, one cannot expect it to attract the world the way it deserves as the real source of human rights. (p. 22)
He traces the evolution of Western human rights thought from the Petition of Right (1627) to the Universal Declaration of Human Rights (1948), while recognizing the latter’s glaring limitations in all earnestness. He regretfully notes that the United Nations “had no effective machinery to monitor the implementation of the principles adumbrated… by member states,” (p. 21) rendering it a helpless and often silent spectator. The veto powers and discriminatory postures of major nations such as the United States, he argues, have obstructed the UDHR’s effective implementation. In spite of that, the author insists, UDHR remains a guiding moral framework. Overall, the first chapter effectively sets the stage for the comparative analysis that unfolds in the subsequent chapters.
From chapter 2 to 20, the author mirrors the UDHR, article by article, presenting parallel Islamic principles derived from the Qur’ān, Hadith, and Islamic history. This comparative framework not only underscores Islam’s deep ethical concern for human dignity but also dispels longstanding misconceptions and misinformation surrounding Islamic law and human rights. In the final four chapters, the author turns to special themes – gender justice, minority rights, Islam’s socio-economic philosophy, and an elaborate discussion on the ‘gaps’ between Shari’ah and the UDHR.
A side-by-side comparison between the UDHR and Islamic teachings reveals how deeply Islamic principles align with – and often precede – modern human rights ideals. The author seeks to show that the Islamic vision of human dignity, justice, and social responsibility provides a timeless ethical framework that complements contemporary global values. The author stresses that, “…mere tolerance for other religions isn’t enough. We must cultivate genuine respect and deep understanding for all faiths.” (p. 12) This conviction gives the work its ethical purpose and enhances its relevance for contemporary human rights discourse.
The book presents several compelling arguments that invite reflection. For instance, in Chapter 3, while discussing Article 3 of the UDHR – the right to life – the author, after citing Qur’ānic verses (5:32, 17:33) and relevant Hadith, emphasizes that “…to take social welfare measures to save the lives of citizens and to improve their living conditions is a state obligation enjoined by Islam.” (p. 36). Likewise, in Chapter 9, which discusses the right to movement, residence, and asylum (Articles 13-14), he writes:
We may notice that freedom of movement enshrined in Article 13 is confined to the movement within the boundaries of a state. Islam considers the entire humanity as one family and does not recognise any artificial barriers created by men based on geographical factors and other considerations. The concepts of citizenship and nationality are alien to Islam in that sense. All land and sea belonging to God and people have the right to move anywhere they like. (p. 61)
Thoughtful references in the book along with well-chosen, to-the-point and timely quotations lend depth and resonance to the discourse. For example, in Chapter 2, while discussing Articles 1 and 2, the right to equality and equal protection of the law, the author cites Swami Vivekananda’s observation: “As a man becomes a Mohammedan, the whole of Islam receives him as a brother with open arms, without making any distinctions, which no other religion does. If one of your American Indians becomes a Mohammedan, the Sultan of Turk would have no objection to dine with him.” (p. 34). Similarly, in Chapter 11, while addressing Article 16 (i.e. the right to found a family) he quotes Annie Besant, who remarked that women are “free in Islam” and “more protected” than in other faiths. (p. 66)
The inclusion of the Universal Islamic Declaration of Human Rights (1981) as an annexure enhances the book’s value as a reference work for scholars, students, and policymakers interested in the intersection of religion and rights discourse. Following articles enshrined in the UIDHR are especially thought-provoking:
- Article II – Right to Freedom (Clause B): Every individual and every people has the inalienable right to freedom in all its forms physical, cultural, economic and political – and shall be entitled to struggle by all available means against any infringement or abrogation of this right; and every oppressed individual or people has a legitimate claim to the support of other individuals and/or peoples in such a struggle.
- Article IV – Right to Justice (Clause B): Every person has not only the right but also the obligation to protest against injustice; to recourse to remedies provided by the Law in respect of any unwarranted personal injury or loss; to self-defence against any charges that are preferred against him and to obtain fair adjudication before an independent judicial tribunal in any dispute with public authorities or any other person. (Clause E): It is the right and duty of every Muslim to refuse to obey any command which is contrary to the Law, no matter by whom it may be issued.
- Article VI – Right to Protection against Abuse of Power: Every person has the right to protection against harassment by official agencies. He is not liable to account for himself except for making a defence to the charges made against him or where he is found in a situation wherein a question regarding suspicion of his involvement in a crime could be reasonably raised.
- Article VII advocates right to protection against torture in body and mind and Article IX advocates for Right to asylum. Its Clause B regards Al Masjid Al Haram in Makkah as a sanctuary for all Muslims.
- Article XII – Right to Freedom of Belief, Thought and Speech (Clause C): It is the right and duty of every Muslim to protest and strive (within the limits set out by the Law) against oppression even if it involves challenging the highest authority in the state.
- Article XVIII – Right to Social Security: Every person has the right to food, shelter, clothing, education and medical care consistent with the resources of the community.
- Article XIX – Right to Found a Family and Related Matters (Clause D): Every child has the right to be maintained and properly brought up by its parents, it being forbidden that children are made to work at an early age or that any burden is put on them which would arrest or harm their natural development. Supplemented by (Clause E): If parents are for some reason unable to discharge their obligations towards a child it becomes the responsibility of the community to fulfill these obligations at public expense.
- Article XXIII – Right to Freedom of Movement and Residence (Clause A): …every Muslim shall have the right to freely move in and out of any Muslim country.
A detailed comparison between UDHR and UIDHR would be very interesting – a task that we wish and request Justice P.K. Shamsuddin to take up as his next academic endeavour.
A particularly commendable feature of Human Rights in Islam is its emphasis on ijtihad as a dynamic principle within Islamic law. By invoking ijtihad, the author accentuates that the Islamic legal tradition possesses the intellectual resources to adapt and respond to evolving human realities.
Also, throughout the book, the author places special emphasis on the treatment of non-Muslims in Islamic texts and history. In Chapter 14, while discussing the right to freedom of speech, he elaborates on the Islamic principle of tolerance, arguing that Islam upholds mutual respect among religions and recognises the universality of God’s message and the presence of prophets across different cultures and lands. Citing 2:62, 5:47, 5:69, he rejects the idea of “exclusive salvation.” (p. 104)
In Chapter 17, while addressing the right to social security (Article 22), the author highlights that Islam makes no distinction between Muslims and non-Muslims in matters of welfare and basic rights. Similarly, Chapter 22, which focuses on Islam and minorities, explores the concept of humanity as one family, the Qur’ānic principle of no compulsion in religion, the Madinah Charter, and Islam’s guarantee of full religious freedom in the widest possible sense.
The author also cites the Prophet’s warning mentioned in Hadith that he would stand as a witness on the Day of Judgement against anyone who oppressed, overburdened, or violated the rights of non-Muslims – an injunction that powerfully underscores Islam’s commitment to justice and compassion.
These discussions reflect a profound engagement with sophisticated contemporary debates and a keen judicial perspective; however, at times, a certain lack of depth in the understanding of Islamic jurisprudential thought becomes apparent, leaving room for a more nuanced treatment of the tradition.
For instance, the author’s interpretation of Qur’ānic verse (An-Nisa: 3) in one of the most comprehensive chapters of the book, where he discusses Article 16 of the UDHR i.e. Right to Found a Family, is evidently flawed. He concludes that “Qur’ān sets clear conditions for polygamy” (p. 70) and goes on to proclaim that, “A second wife is permitted only to assist in the care of orphans who are not receiving adequate attention.” (p. 71) A series of such interpretations leads him to view the Shah Bano judgment as “in accordance with the pristine principle enunciated in the Holy Book” (p. 86). We can agree with his observation that “the call for women’s moral agency is a fundamental aspect of achieving a fair Islamic society,” (p. 90) but we insist that the definitions of “fair,” “just,” and “right” need not – and should not – be derived from Western moral constructs.
In Chapter 24 – Bridging the Gap between the UDHR and Shariah Law – the author’s interpretive approach again raises questions. He writes that “…Qur’ān prescribes hand amputation for theft, but only within a specific societal context,” arguing that verse 5:38-39 emphasises the importance of social welfare, and noting that the Arabic word “iqta” (i.e. cut) may also carry metaphorical meanings, such as “severing of ties” (pp. 181-182). While the attempt to contextualize the verses is commendable to dispel the myth of undue severity of Hudood, such linguistic gymnastics was unwarranted. Instead a discussion on the severity of the very conditions which are indispensable before carrying out such deterring punishments would have been a more viable approach.
The author rightly emphasizes that, “Essentially, Fiqh is the human endeavour to understand and implement divine law in a manner that is relevant to the time and place.” (p. 161) And that, “Scholars, no matter how learned, are susceptible to faulty reasoning, cultural biases, and limitations of their era, which can lead to legal rulings that deviate from the intended divine principles.” (p. 161) Yet, at times it seems the author seems to have ignored that, this insight applies equally to the framers of the UDHR and to modern-day human rights scholars and jurists. Rational analysis certainly has its place, but interpreting Qur’ānic teachings through the lens of Western paradigms of human rights inevitably risks distortion due to the underlying epistemological biases of that framework.
In short, I find the book as thoughtful and accessible but, in my humble opinion, it does not fully achieve what Dr.Zafarul Islam Khan envisions in his appreciation for the work at the outset. Dr. Khan rightly reminds us that while the notion of human rights may be new to the modern world, “it is not new to Islam and Muslims,” since “Islam very clearly laid down the basics of human rights fifteen centuries ago,” extending not only to humans but also to animals and even inorganic bodies. (p. 15) He further asserts that “Islam alone can offer a humane and practical ideology to lift humanity from the morass of materialism and selfishness ruling the roost today.” (p. 18) Justice Shamsuddin echoes this sentiment when he observes that, “…Islam evolved and developed all modern principles of human rights at a time when the world was plunged in ignorance and darkness, and liberated the humanity from all kinds of evils.” (p. 20). However, despite these powerful assertions, the book does not entirely succeed in substantiating these seemingly ambitious claims.
Another shortcoming of the book is its uneven structure. Some chapters – such as Chapter 10 (Right to Nationality, Article 15), Chapter 15 (Right to Freedom of Assembly and Association, Article 20), Chapter 18 (Right to Work and Equal Pay for Equal Work, Articles 23-25), and Chapter 20 (Right to Participate in the Cultural Life) – are notably brief, at times only a page or even a paragraph long. These sections leave the reader unsatisfied, as they barely touch the surface of issues that warrant deeper engagement. For example, in chapter 20 that deals with four Articles 27, 28, 29, 30, instead of meticulous analysis, we meet with generic statements like “Islam generally recognises all these rights.”
Similarly, in Chapter 12, while discussing the Right to Property (Article 17 of UDHR), the author attempts to present Islam’s balanced approach between capitalism and communism and between absolute ownership and total prohibition. Yet the discussion feels more like a compilation of Qur’ānic verses than a substantive analysis. A deeper exploration of the right and responsibility of men to earn and provide, system of zakat, inheritance laws and its wisdom, and the equilibrium between individual rights and social justice would have enriched this section considerably.
This critique is not intended to diminish the value of the work. While it occasionally falls short in the depth and analytical rigour needed to support some of its bold claims, Human Rights in Islam remains a thoughtful, valuable and timely effort to present Islam’s humane and universal message and contribute to inter-civilizational dialogue. The book succeeds as a concise and sincere introduction to the subject. However, a more robust engagement with Islamic jurisprudence and critical scholarship would have elevated it further.