Human rights are a contested concept. One important strand of criticism concerns the charge of their Eurocentrism, formulated in particular by postcolonial theorists and scholars. Although postcolonial perspectives are now increasingly acknowledged, attempts to incorporate non-Western approaches into the discourse on human rights are still rare. This article considers whether Islamic human rights concepts can address the postcolonial critiques and decenter human rights discourse and politics from the West. Working within the methodological framework of comparative political thought, the article regards (...) Islamic approaches not simply as counter-discourses but analyzes their potential to supplement the dominant theory and practice of human rights and correct some of its inherent flaws. Informed by the critical analysis of Makau Mutua and Gayatri C. Spivak, the primary focus is on alternatives to the liberal individualist framework of human rights as evident in the concept of the autonomous individual subject of rights, and the balancing of individual rights with ethics and notions of responsibility in particular. (shrink)

The issue of human rights has always been a matter shared by politicians, lawyers, philosophers and sociologists. Since the adoption of the Universal Declaration of Human Rights scholars and human rights activists have discussed whether the Declaration has become a symbol of human rights universality. Two decades later Muslim states have started discussions if human rights are indeed universal. They argued that human rights is a product of western imperialism and therefore the Arab states are not bound by the human (...) rights catalogue proposed by the West. In 2008, the Arab Charter on Human Rights drafted within the framework of the League of Arab States came into force. This fact was welcomed by the international community, non-governmental organizations, and High Commissioner for Human Rights. The Arab Charter on Human Rights was seen as a possibility for the Arab States to confirm the commitment to the universality of human rights. However, the adopted text was disappointing and once again raised the doubt that Arab States are not truly committed to universal human rights. This article analyses the quest for the universality of human rights. (shrink)

This article looks at the human rights protection in transitional post-uprising Tunisia, from 2011 to 2017, offering insights into the willingness to both protect human rights and build capacity in Tunisia. It focuses on the establishment of an adequate legal framework in Tunisia, with particular attention being paid to the constitution-making process and, on the establishment, the strengthening of certain institutional capacities, such as the constitutional court and the Truth and Dignity Commission. The article first gives a brief historical overview (...) of the human rights situation in Tunisia. This is followed by an analysis of the willingness and capacity to protect human rights in post-uprising transitional Tunisia, in both the 2011–2014 and 2014–2017 periods.This article is based on evidence from a series of semi-structured interviews I conducted with the key political actors from various political parties, and actors from NGOs working on human rights, during field research in Tunisia in October-November 2017, supplemented by secondary literature. (shrink)

This article develops, illustrates, and defends a conception of immanent critique. Immanent critique is construed as a form of hermeneutical practice and second-order political and normative criticism. The common charge that immanent critique is a form of philosophical conventionalism necessarily committed to value relativism and to the rejection of transcultural and cosmopolitan norms is denied. But immanent critique insists that meaningful and potentially efficacious criticism must be connected to relevant criteria and understandings internal to the culture or social order at (...) which the criticism is directed. The complaint that this demand will likely limit political and moral criticism is also denied, and the ability of immanent critique to develop from convention unconventional thinking is defended and demonstrated. (shrink)