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Assessing the Feasibility of Intercultural Dialogue on Human Rights and Shari‘a Based on the Theoretical Framework of Abdullahi Ahmed An-Na‘im: A Critical Reflection in the Horizon of Islamic Human Rights Philosophy
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Mohammad Ghsem Tangestani *1    , Mahdi Moradi Berelian2 |
1- Associate Professor, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.
2- Assistant Professor, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran. |
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Abstract: (159 Views) |
This article adopts a philosophical and critical approach to examine Abdullahi Ahmed An-Na'im's theoretical framework concerning the relationship between Shari'a, the state, and human rights, while opening up new horizons for intercultural dialogue from the perspective of Islamic human rights philosophy. Emphasizing the institutional separation of religion and the state and a historical-interpretive reconstruction of Shari'a, An-Na'im argues that the realization of human rights in Muslim societies requires a fluid, voluntary, and non-coercive interpretation of religion rooted in civic engagement. Within this framework, Shari'a is not regarded as a fixed or absolute text, but rather as a dynamic space for ijtihad that is both open to transformation and dialogue with contemporary global norms. Through a critical analysis of An-Na'im's hermeneutic foundations and practical philosophy, this article shows that despite his attempt to reconcile religious commitment with the requirements of human rights, his model encounters significant tensions—most notably, the paradox between structural secularism and the civic presence of Islamic values in the public sphere. Furthermore, the feasibility of intercultural dialogue within this framework necessitates a rethinking of three core domains: the language of dialogue, the boundaries of jurisprudential transformation, and the localized interpretation of human rights. In conclusion, the article assesses both the potential and limitations of An-Na'im’s paradigm in light of the philosophical foundations of Islamic human rights discourse. |
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| Keywords: Shari‘a, Human Rights, Secular State, Abdullahi Ahmed An-Na‘im, Intercultural Dialogue, Philosophy of Law, Hermeneutic Critique, Islamic Human Rights |
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Full-Text [PDF 888 kb]
(28 Downloads)
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Type of Study: Research |
Received: 2024/11/17 | Accepted: 2025/01/20 | Published: 2025/03/5
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