First year First Sem

1. 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]

2. DEFINITION
OF
HUMAN RIGHTS

3. 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

4. CATEGORISATION
OF
HUMAN RIGHTS

5. 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.

6. UNIVERSALITY
AND
CULTURAL RELATIVISM
OF
HUMAN RIGHTS

7. 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.

8. HUMAN RIGHTS
IN ISLAM

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. INTERNATIONAL
VERSUS
ISLAMIC
HUMAN RIGHTS

11. 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.

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
On the Issue of
LGBT

14. •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.

15. • 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.

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 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.

18. • 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

19. • 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.

20. • 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

21. CONCLUSION

22. 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.