Interpreting Fundamental Rights in Islam

Abstract

In the modern world, no constitution is expected to be without the provision of fundamental rights. These rights have roots and foundations in all legal systems and civilizations; however, some scholars have argued that fundamental rights are unknown to Islam and these rights have in recent past emerged in western societies only. This argument is based on the assumption that there is no space for the notion of fundamental rights or human rights in Islam as the latter obliges for the performance of duties or obligations exclusively. The present paper examines this argument in the context of the State practice of the Islamic Republic of Pakistan. It posits that the superior courts in Pakistan have creatively employed Islamic law and jurisprudence to expand and strengthen the concept and provisions of fundamental rights within its constitutional dispensation.