Group 7 
Human Rights and Islam 
MUHAMMAD NABIL BIN AHMAD NADRI [1010625] 
NIK MUHAMMAD BIN NIK SOH [1122631] 
AINA MARDHIAH BINTI KAMARUDDIN [1216270] 
SITI AMNAH BT MOHAMAD AZHAR [1227914] 
NUR SHARMIMI BINTI BAKRI [1310340] 
FASIHA BINTI BUSTAMI [1318146]
DEFINITION 
OF 
HUMAN RIGHTS
DEFINITION OF HUMAN RIGHTS 
• : Rights ( as freedom from unlawful imprisonment, torture 
and execution) regarded as belonging fundamentally to all 
persons 
• - The basic rights and freedom to which all humans are 
entitled, often held to include the right to life and liberty, 
freedom of thought and expression, and equality before the 
law 
• - Belong to individual as a consequence of being human 
• - This term is wide use after World War II, replacing earlier 
phrase, “natural rights” 
• - Main source of contemporary conception of human rights is 
come from Universal Declaration of Human Rights(United 
Nation, 1948) 
• - There is 30 Articles stated in the Universal Declaration of 
Human Rights by UN
CATEGORISATION 
OF 
HUMAN RIGHTS
1. First Generation Rights ( Civil and Political Rights ) 
Right to life, freedom of assembly and association, freedom of 
expression, freedom of religion, freedom from torture, cruel, 
inhuman and degrading treatment or punishment, right to fair 
hearing, dignity, equality and privacy, freedom from slavery and 
forced labour and freedom of movement. 
2. Second Generation Rights ( Economic, Social and Cultural Rights 
) 
Rights to be employed, adequate housing, adequate standard of 
living, education, and social security. Despite of that, the rights of 
children, women, minorities and person with disabilities also fall 
under this category too. 
3. Third Generation Rights ( Collective Human Rights ) 
Right to self-determination, right to economic and social 
development, right to natural resources, right to communicate and 
communication rights, right to cultural heritage, right to 
intergenerational equity and sustainability.
UNIVERSALITY 
AND 
CULTURAL RELATIVISM 
OF 
HUMAN RIGHTS
UNIVERSALITY AND CULTURAL RELATIVISM 
OF HUMAN RIGHT 
Universality 
to promote human security, the way forward is therefore to work on a better and more impartial 
implementation of human right rather than leaving it to governments to judge which culture is worth 
protecting and which elements of a culture can be legitimately oppressed. 
All human beings are born free and equal in dignity and rights. They are endowed with reason and 
conscience and should act towards one another in a spirit of brotherhood 
Cultural relativism 
the idea that one’s beliefs, morals, ethics and customs are relative to the social context within 
which one lives. 
The United Nations Department of Public Information defines cultural relativism as, “the 
assertion that human values, far from being universal, vary a great deal according to different 
cultural perspectives. 
Cultural relativism maintains that there is an irreducible diversity among cultures because each 
culture is a unique whole with parts that none of them can be understood or evaluated without 
reference to the other parts and to the cultural whole, the so-called pattern of culture’’ (Lawson, 
1998). 
*according to cultural relativist view, human rights are culturally relative rather than universal.
HUMAN RIGHTS 
IN ISLAM
Basic human rights 
-to all human being 
-live in justice, equality and free from any fear 
-help a needy person 
-respect each other 
Rights of citizens in an Islamic state 
-security of life and property 
-have the right to think out loud 
-form an association 
-choose their own religion 
Rights of enemies at war 
-non combatants: cannot kill them without any reason 
-combatants : don’t declare the war 
: cannot tied a person to be killed, using fire and attack 
wounded soldiers 
: respect dead body and return the corpses to the 
enemy
INTERNATIONAL 
VERSUS 
ISLAMIC 
HUMAN RIGHTS
INTERNATIONAL VERSUS ISLAMIC HUMAN RIGHTS 
INTERNATIONAL HUMAN RIGHTS: 
•All human beings are born free and equal in dignity and rights. 
•No one shall be held in slavery or servitude 
•Everyone charged with any penal offence has the right to be 
presumed innocent until proved guilty according to law in a 
public trial 
•The right to have freedom of movement and residence within 
the borders of each state. 
•The right of thought, conscience and religion or belief 
• Motherhood and childhood are entitled to special care and 
assistance. 
•Parents have a prior right to choose the kind of education that 
shall be given to their children.
ISLAMIC HUMAN RIGHTS: 
• Rights of Enemies at War 
1. Right of the non-combatants 
- concerned such as women, children, old 
and infirm 
2. Rights of the combatants 
- torture with fire 
- protection of the wounded 
- the prisoner of the War should not be 
Slain 
- no one should be tied to be killed 
- rules about declaration of war
Malaysian 
Opinions 
On the Issue of 
LGBT
•Lesbian, Gay, Bisexual and Trasverstites (LGBT) 
culture already existed in this region since 
antiquity such as Hikayat Panji (Farish A. Noor, 
2009) 
•However, never formed into a society or 
community organization such happened of 
post WWII 
•Westernization policies of early modern 
Malaysia shape the conflict with existing 
values, religions, customs, political 
perspectives, etc.
• Malaysia classified LGBT culture as a crime 
according to National Constitution: 
Civil Law- 'Malaysia‘s’ Penal Code of Section 
377A' did prohibits carnal intercourse 
against the order of nature, which 
includes oral and anal sex. While, 
according to Section 377B of the 
same, offenders can be punished with 
up to twenty years in prison and also 
liable to whipping.
• Syariah Law - 'Syariah Criminal Offences Act 
(Federal Territories)1997(Act 
559) also states that those 
found guilty of sodomy(liwat) 
or lesbian relations(musahaqah) 
are liable to be fine of up to RM 
5000, imprisonment for up to 
three years, whipping not 
exceeding six strokes, or any 
combination thereof.
• However groups supporting LGBT such as 
SUHAKAM, SUARAM, Sister in Islam (SIS), 
Seksualiti Merdeka (SM), etc. argued the acts 
against British commonwealth and UNHCR 
policies and principles. 
• Malaysia government stresses their autonomous 
right in shaping the constitutional acts. 
• Supporting group argued about Clause 1 of Article 
8 which some translated as applicable to the 
social minorities of LGBT including Interssexuals, 
transvestites however refuted back by figures 
stressing the matter as referring to sex of gender 
not of sexual orientation.
• Political agendas shaped the perspective of 
human right over LGBT societies 
• 1998 Sodomy Trials of Anwar Ibrahim sparked 
pros and cons of stands over the position of 
LGBT in societies. 
• The notion arisen later became worsen and vile 
enough to breach optimum human rights of 
LGBT-practising citizens however popular 
among partisans arguments – problem unsolved
• LGBT society subjects to drastic and 
inquisitional measures by government as well 
as traditional-mass societies such as: 
 Public arrest 
Barred from mass-media (e.g. TV and radio 
broadcastings, internet, blogs, FB, theater, movie-making 
industries) 
Urge to stratified normal-abnormal education by 
ministry 
Illegal satus of organisation or clubs 
Subject to family or society torments and 
banishments.
• Problem unsolved though existed since 50-60 
years ago. 
• No proper studies conducted- if ever only 
involved patches and not holistic efforts. 
• Much data relying on commonwealth, un-indigenous 
studies which irrelevant. 
• Yet, dialogue or much bigger-scale 
proggramme to look into this matter still 
barred and illegalized by government
CONCLUSION
CONCLUSION 
EVERY HUMAN BEINGS HAS HIS OWN HUMAN 
RIGHTS AND THAT RIGHTS HAVE EVEN MORE STRENGTH 
WITH SUPPORTS FROM GOVERNMENT OR STATES. IT IS 
INTERNATIONAL NORMS THAT HELP TO PROTECT ALL 
PEOPLE EVERYWHERE AROUND THE WORLD FROM 
WHATEVER REASON OF SEVERE POLITICAL , LEGAL AND 
SOCIAL ISSUES . 
HOWEVER, THERE IS STILL COUNTRIES THAT STILL 
NOT COMPLY OR LOOK DOWN THE HUMAN RIGHTS. WE 
SHOULD CONSIDER THIS RIGHTS AS A MOTIVATION FOR US 
TO DO GOOD DEEDs AND HELP OTHERS, WHILE WE STILL 
HAVE IT.

Human right

  • 1.
    Group 7 HumanRights and Islam MUHAMMAD NABIL BIN AHMAD NADRI [1010625] NIK MUHAMMAD BIN NIK SOH [1122631] AINA MARDHIAH BINTI KAMARUDDIN [1216270] SITI AMNAH BT MOHAMAD AZHAR [1227914] NUR SHARMIMI BINTI BAKRI [1310340] FASIHA BINTI BUSTAMI [1318146]
  • 2.
  • 3.
    DEFINITION OF HUMANRIGHTS • : Rights ( as freedom from unlawful imprisonment, torture and execution) regarded as belonging fundamentally to all persons • - The basic rights and freedom to which all humans are entitled, often held to include the right to life and liberty, freedom of thought and expression, and equality before the law • - Belong to individual as a consequence of being human • - This term is wide use after World War II, replacing earlier phrase, “natural rights” • - Main source of contemporary conception of human rights is come from Universal Declaration of Human Rights(United Nation, 1948) • - There is 30 Articles stated in the Universal Declaration of Human Rights by UN
  • 4.
  • 5.
    1. First GenerationRights ( Civil and Political Rights ) Right to life, freedom of assembly and association, freedom of expression, freedom of religion, freedom from torture, cruel, inhuman and degrading treatment or punishment, right to fair hearing, dignity, equality and privacy, freedom from slavery and forced labour and freedom of movement. 2. Second Generation Rights ( Economic, Social and Cultural Rights ) Rights to be employed, adequate housing, adequate standard of living, education, and social security. Despite of that, the rights of children, women, minorities and person with disabilities also fall under this category too. 3. Third Generation Rights ( Collective Human Rights ) Right to self-determination, right to economic and social development, right to natural resources, right to communicate and communication rights, right to cultural heritage, right to intergenerational equity and sustainability.
  • 6.
    UNIVERSALITY AND CULTURALRELATIVISM OF HUMAN RIGHTS
  • 7.
    UNIVERSALITY AND CULTURALRELATIVISM OF HUMAN RIGHT Universality to promote human security, the way forward is therefore to work on a better and more impartial implementation of human right rather than leaving it to governments to judge which culture is worth protecting and which elements of a culture can be legitimately oppressed. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood Cultural relativism the idea that one’s beliefs, morals, ethics and customs are relative to the social context within which one lives. The United Nations Department of Public Information defines cultural relativism as, “the assertion that human values, far from being universal, vary a great deal according to different cultural perspectives. Cultural relativism maintains that there is an irreducible diversity among cultures because each culture is a unique whole with parts that none of them can be understood or evaluated without reference to the other parts and to the cultural whole, the so-called pattern of culture’’ (Lawson, 1998). *according to cultural relativist view, human rights are culturally relative rather than universal.
  • 8.
  • 9.
    Basic human rights -to all human being -live in justice, equality and free from any fear -help a needy person -respect each other Rights of citizens in an Islamic state -security of life and property -have the right to think out loud -form an association -choose their own religion Rights of enemies at war -non combatants: cannot kill them without any reason -combatants : don’t declare the war : cannot tied a person to be killed, using fire and attack wounded soldiers : respect dead body and return the corpses to the enemy
  • 10.
  • 11.
    INTERNATIONAL VERSUS ISLAMICHUMAN RIGHTS INTERNATIONAL HUMAN RIGHTS: •All human beings are born free and equal in dignity and rights. •No one shall be held in slavery or servitude •Everyone charged with any penal offence has the right to be presumed innocent until proved guilty according to law in a public trial •The right to have freedom of movement and residence within the borders of each state. •The right of thought, conscience and religion or belief • Motherhood and childhood are entitled to special care and assistance. •Parents have a prior right to choose the kind of education that shall be given to their children.
  • 12.
    ISLAMIC HUMAN RIGHTS: • Rights of Enemies at War 1. Right of the non-combatants - concerned such as women, children, old and infirm 2. Rights of the combatants - torture with fire - protection of the wounded - the prisoner of the War should not be Slain - no one should be tied to be killed - rules about declaration of war
  • 13.
    Malaysian Opinions Onthe Issue of LGBT
  • 14.
    •Lesbian, Gay, Bisexualand Trasverstites (LGBT) culture already existed in this region since antiquity such as Hikayat Panji (Farish A. Noor, 2009) •However, never formed into a society or community organization such happened of post WWII •Westernization policies of early modern Malaysia shape the conflict with existing values, religions, customs, political perspectives, etc.
  • 15.
    • Malaysia classifiedLGBT culture as a crime according to National Constitution: Civil Law- 'Malaysia‘s’ Penal Code of Section 377A' did prohibits carnal intercourse against the order of nature, which includes oral and anal sex. While, according to Section 377B of the same, offenders can be punished with up to twenty years in prison and also liable to whipping.
  • 16.
    • Syariah Law- 'Syariah Criminal Offences Act (Federal Territories)1997(Act 559) also states that those found guilty of sodomy(liwat) or lesbian relations(musahaqah) are liable to be fine of up to RM 5000, imprisonment for up to three years, whipping not exceeding six strokes, or any combination thereof.
  • 17.
    • However groupssupporting LGBT such as SUHAKAM, SUARAM, Sister in Islam (SIS), Seksualiti Merdeka (SM), etc. argued the acts against British commonwealth and UNHCR policies and principles. • Malaysia government stresses their autonomous right in shaping the constitutional acts. • Supporting group argued about Clause 1 of Article 8 which some translated as applicable to the social minorities of LGBT including Interssexuals, transvestites however refuted back by figures stressing the matter as referring to sex of gender not of sexual orientation.
  • 18.
    • Political agendasshaped the perspective of human right over LGBT societies • 1998 Sodomy Trials of Anwar Ibrahim sparked pros and cons of stands over the position of LGBT in societies. • The notion arisen later became worsen and vile enough to breach optimum human rights of LGBT-practising citizens however popular among partisans arguments – problem unsolved
  • 19.
    • LGBT societysubjects to drastic and inquisitional measures by government as well as traditional-mass societies such as:  Public arrest Barred from mass-media (e.g. TV and radio broadcastings, internet, blogs, FB, theater, movie-making industries) Urge to stratified normal-abnormal education by ministry Illegal satus of organisation or clubs Subject to family or society torments and banishments.
  • 20.
    • Problem unsolvedthough existed since 50-60 years ago. • No proper studies conducted- if ever only involved patches and not holistic efforts. • Much data relying on commonwealth, un-indigenous studies which irrelevant. • Yet, dialogue or much bigger-scale proggramme to look into this matter still barred and illegalized by government
  • 21.
  • 22.
    CONCLUSION EVERY HUMANBEINGS HAS HIS OWN HUMAN RIGHTS AND THAT RIGHTS HAVE EVEN MORE STRENGTH WITH SUPPORTS FROM GOVERNMENT OR STATES. IT IS INTERNATIONAL NORMS THAT HELP TO PROTECT ALL PEOPLE EVERYWHERE AROUND THE WORLD FROM WHATEVER REASON OF SEVERE POLITICAL , LEGAL AND SOCIAL ISSUES . HOWEVER, THERE IS STILL COUNTRIES THAT STILL NOT COMPLY OR LOOK DOWN THE HUMAN RIGHTS. WE SHOULD CONSIDER THIS RIGHTS AS A MOTIVATION FOR US TO DO GOOD DEEDs AND HELP OTHERS, WHILE WE STILL HAVE IT.