Portal: Islam and Human Rights
While some modern Islamic scholars have struggled to reconcile Islamic and modern, largely Western notions of human rights, the majority of traditional Islamic scholars today have generally defied what they perceive as an attempt at intellectual colonialism. The conflict between modern human rights doctrine and Islamic law can, for the most part, be understood as a product of their extreme historical and contextual distance. Whereas Islamic law was formulated in the harsh, unpredictable, and austere environment of 7th-9th century Arabia, modern Human rights doctrine is generally traced back to the European Enlightenment, starting especially with the English philosopher John Locke's ideas of natural rights in the 17th century.
Women
Islamic scriptures generally employ the masculine pronoun in Arabic, which is used to refer to both men and women. On occasion, the scriptures diverge from this standard, inclusive usage, and comment specifically on men or women. The perspective taken by Islamic scriptures on women is of special interest in recent times due to frequent collision with modern values.
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Religious Minorities
Islamic law permits the residence of Christians, Jews, and Sabians (the three groups constituting the People of The Book) in the Islamic caliphate, or state, provided they accept the legal, social, and financial subjugation (the Dhimma system) whose explicit aim, as mentioned in the Quran, is their humiliation viz-a-viz the Muslims. Traditionally, per Islamic scriptures, polytheists and persons of non-Abrahamic faiths were deemed unsuitable for residence in Islamic lands and would have either to convert or face execution following military defeat. Historically, however, the challenge of implementing such policies against large numbers of polytheists (following, for instance, the Islamic conquest of Hindu lands) brought Islamic scholars and political leaders to arrange compromises and additional constraints whereby certain polytheists could live as Dhimmis. The Dhimma legal framework is not in force in modern Muslim states today as civil law is considered to have rendered it inapplicable. Nevertheless, other forms of oppression or persecution of non-Muslim minorities and unorthodox Muslim sects in some Muslim-majority countries occur today.
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Freedom of Conscience
Traditional Islamic legal scholars overwhelmingly agreed that blasphemers and apostates should be put to death. Most also demanded the death penalty for practicing homosexuals. Religion-critical perspectives were outlawed under the former set of laws, as pronouncing a disagreement with scriptures amounted to apostasy or, at least, heresy, as in much of the pre-modern European world. Similar attitudes prevail in Muslim-majority lands today, with nearly a dozen Muslim-majority countries placing the death penalty on apostasy and/or blasphemy and several more punishing those crimes with imprisonment, fines, and various forms of civil death.
Corporal punishment
Several forms of corporal punishment feature in Islamic law. Crimes for which punishments are not explicitly prescribed in scripture can earn a discretionary corporal punishment so long as it does not exceed the least-severe corporal punishment prescribed by scripture. This upper limit is 80 lashes according to some scholars and 40 lashes according to others. Scriptural punishments include crucifixion, stoning to death, execution by other means, various amputations, and lashings. Such practices have been replaced by civil penalties in most modern Muslim majority countries, though not all.
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Modern movements and events
The sharp contrast between still-practiced Islamic law and modern norms of human rights has brought the archaisms of Islamic law to achieve considerable public attention. International controversies surrounding intentional and unintentional acts of blasphemy against Islam have become commonplace in the twenty first century, the first major harbinger of these events being the supreme leader of Iran's call for the killing of the British novelist Salman Rushdie in 1989 for a book that was deemed blasphemous.