Reconciling Tradition and Modernity: Sharia Law, Human Rights, and Economic Law in the Context of Contemporary Legal Systems

Abstract

Objective: This research aims to explore the tensions as well as the potential for reconciliation between sharia (Islamic law) and the modern human rights framework, with a focus on understanding the extent to which Islamic legal traditions can be aligned or deviate from contemporary human rights principles in the context of globalization. Theoretical framework: This study uses the theoretical framework of legal pluralism, cultural relativism, and ethical principles inherent in sharia and international human rights law, thus allowing for an analysis that considers the interaction between religious, cultural, and universal human rights norms. Literature review: The literature review includes academic literature, legal texts, and religious documents, as well as an analysis of legal cases from countries that implement sharia in various forms, including Saudi Arabia, Iran, and Indonesia. Methods: This study uses a qualitative approach with an emphasis on document review and comparative analysis. Results: The results of the study show that there is a common point between sharia and human rights in the aspects of justice, human dignity, and social welfare. However, the study also revealed significant differences in issues such as gender equality, freedom of expression, and treatment of non-Muslims. Implications: This study contributes to the global discourse on the compatibility of Islamic law with international human rights norms and offers a perspective for Muslim countries in developing legal systems that maintain cultural and religious integrity while being responsive to human rights standards. Novelty: The authenticity of this research lies in the comprehensive integration of historical, legal, and cultural perspectives, which not only maps the tension between tradition and modernity but also offers an alternative path of reform in Islamic fiqh to be more in line with contemporary human rights standards.