THE EVOLUTION OF HUMAN RIGHTS LAW: A CRITICAL EXAMINATION OF EUROCENTRIC NARRATIVES AND THE CONTRIBUTIONS OF THE ISLAMIC LEGAL WORLD

Abstract

ABSTRACT The evolution of human rights law has long been narrated through a Eurocentric genealogy that originated in Ancient Greece, continued with Rome, and culminated in the Universal Declaration of Human Rights (UDHR) of 1948. This orthodox narrative, which dominates international legal historiography, presents a linear and exclusionary account that centers on Western legal and philosophical traditions while overlooking the developments of non-European civilizations, specifically the contributions of the Islamic legal world. This study challenges Eurocentric legal narratives by re-examining the historical, doctrinal, and moral foundations of human rights through a decolonial and comparative lens, focusing on the Islamic legal tradition. Engaging with both primary sources including the Hadith, Qur'an, foundational international instruments, and classical juristic treatises and secondary literature, the thesis draws upon a critical legal methodology informed by Third World Approaches to International Law (TWAIL) and genealogical analysis. Focusing on three identified "pillars" property and economic justice, women and gender relations, and racial equality and slavery the thesis compares Western legal developments with Islamic jurisprudence, highlighting that concepts such as equality, dignity, and ownership were also developed within Islamic thought centuries before their codification in the modern Western legal framework. Contending against ‘orthodox’ scholars who claim such concepts are distinct from human rights, the thesis situates human rights within a broader legal history by tracing rights-like claims in Islamic jurisprudence. The thesis argues that these moral and legal concepts constitute the roots of human rights and that modern rights discourse has been influenced by them. It does not equate Islamic ideas with contemporary human rights law, but recognizes them as historical precursors shaping later legal developments. Ultimately, the study demonstrates that dominant narratives privilege Western modernity while neglecting other legal traditions, and it advances a decolonized account of human rights historiography that enhances both historical accuracy and the inclusivity of international human rights law.

Date of Award	2025
Original language	American English
Awarding Institution	HBKU College of Law