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1 Modern Sufi Scholar on Islamic Human Rights™

There are 2 different kinds of Human Rights™ being floated - Universal and Islamic. How is that possible, isn’t it an oxymoron to say there are 2 different kinds of humans with 2 different kinds of rights?

  1. Hitler in Mein Kampf:

  1. “... and they would not believe that others could have the impudence to distort the truth so infamously.”

  1. Universal Human Rights - December 1948, the United Nations Universal Declaration of Human Rights (UDHR). Most people are familiar with some of its major points like freedom of religion and conscience, and equality of all people under the law.

There was great resistance to the UDHR in the Islamic world and 20 years later a Sufi Shi’ite jurist wrote an entire treatise describing what eventually became known as Islamic Human Rights™ articulated in the Cairo Declaration, which is the complete opposite of Universal Human Rights.

1) Sultan Hussein Tabandeh (1915- ?) - Iranian Shi’ite Sufi leader of the Nematollahi Soltanalishahi Sufi Order, published A Muslim Commentary on the Universal Declaration of Human Rights explaining why it was incompatible with Islamic law. USC professor Eliz Sanasarian says his views on relations between Muslims and non-Muslims were implemented “almost verbatim in the Islamic Republic of Iran.” Tabanda wrote in 1968:

  1. “Thus if [a] Muslim commits adultery his punishment is 100 lashes, shaving of his head, and one year of banishment. But if the man is not a Muslim and commits adultery with a Muslim woman his penalty is execution... Since Islam regards non-Muslims as on a lower level of belief and conviction, if a Muslim kills a non-Muslim... then his punishment must not be the retaliatory death, since the faith and conviction he possesses is loftier than that of the man slain... Islam and its people must be above the infidels, and never permit non-Muslims to acquire lordship over them.” (Bostom: Sufi Jihad?More Tabandeh

Tabandeh’s thinking eventually resulted in:

  1. Islamic Human Rights™ - First in 1981 by the Universal Islamic Declaration of Human Rights, then the 1990 Cairo Declaration on Human Rights in Islam (CDHR). The Cairo Declaration is presented as a parallel alternative to the UDHR, and was signed by all 57 members of the largest voting bloc at the UN representing the umma (worldwide Islamic community), the Organization of Islamic Cooperation (OIC). The OIC is also pushing for international Islamic blasphemy laws mentioned in the Background page.

Wherever the CDHR refers to any kind of rights it’s qualified to be in accordance with sharia, for example:

  1. Article 19 (d): “There shall be no crime or punishment except as provided for in the Sharia.”

  1. Article 22: “Everyone shall have the right to express his opinion freely in such a manner as would not be contrary to the principles of the Sharia.”

  1. Article 24: “All the rights and freedoms stipulated in this Declaration are subject to the Islamic Sharia.”

  1. Article 25: “The Islamic Sharia is the only source of reference for the explanation or clarification of any of the articles of this Declaration.”

This idea was copied in the Democratic™ Afghani (Article 3 Ch. 1, Art 3) and Iraqi (Article 2) constitutions. Afghanistan’s constitution says “We the people of Afghanistan... respecting the UDHR...” (Preamble 5). Is this ambiguous language the best our scholars of constitutional law could help draft? I respect many things like natural science research and a good magician even though I don’t practice them. This language is likely why no arrests resulted from this clear video of a double stoning in Afghanistan in 2010 - there is nothing in the constitution, or the Cairo DHR that forbids stoning adulterers or killing apostates. While leading us to believe they are “respecting“ the UDHR, they also signed the Cairo Declaration in protest. Tabandeh said Islamic supremacism was an Islamic Human Right™ under Sharia law, but there is virtually no discussion of this anywhere, and even to mention the term Islamic supremacism is squashed as far right wing Islamophobic bigotry as if it doesn’t even exist.

Even though many Muslims do not agree with Tabandeh it’s not surprising so many things offend the Muslims who do since all 5 schools of Islam teach Muslims are superior.

  1. It is considered an Islamic Human Right™ to consummate a marriage with a prepubescent girl of 9 years old.

  1. More on different kinds of Human Rights™ in Islam & Human Rights, Defending Universality at the United Nations by the Center for Inquiry. (2008)

  1. There’s a doctrine of deception in Islam called taqiyya, and the lesser known tawriya that Raymond Ibrahim explains:

  1. “The authoritative Hans Wehr Arabic-English Dictionary defines tawriya as, “hiding, concealment; dissemblance, dissimulation, hypocrisy; equivocation, ambiguity, double-entendre, allusion”. Conjugates of the trilateral root of the word, w-r-y, appear in the Quran in the context of hiding or concealing something (e.g., 5:31, 7:26).

  2. As a doctrine, “double-entendre” best describes tawriya’s function. According to past and present Muslim scholars (several documented below), tawriya is when a speaker says something that means one thing to the listener, though the speaker means something else, and his words technically support this alternate meaning. FOr example if someone declares “I don’t have a penny in my pocket,” most listeners will assume the speaker has no money on him-though he might have dollar bills, just literally no pennies.” See Raymond Ibrahim: Tawriya for examples like this Muslim scholars use.

Forward to 47 Modern Jurists & Sharia Scholars Opinions on IS&J