Available via license: CC BY 4.0
Content may be subject to copyright.
The Islamic Origins of Human Rights: Alignments
with Bangladesh’s Legal Framework and Policy
Suggestions for Legislators
Md. Mahabub Ul Alam Khan*1, Rupa Nur2, Md. Sulaeman3
1The Lawyers and Jurists, & Jagannath University, Dhaka, Bangladesh.
Email: khanemon810@gmail.com | ORCID: https://orcid.org/0000-0001-8763-9867
2University of Portsmouth, Winston Churchill Ave, Southsea, Portsmouth PO1 2UP, United Kingdom
Email: rupanur22@gmail.com | ORCID: https://orcid.org/0009-0002-0888-4704
3The Lawyers and Jurists, & Lawyers & Jurists (LNJ) Law Journal, Bangladesh.
Email: salmanhld1991@gmail.com | ORCID: https://orcid.org/0009-0006-3014-2191
*Corresponding author
ABSTRACT
Islamic source of human rights is one of the most basic sources. Throughout the paper
researchers tried to focus on the basic aspects of human rights along with the three
generation rights. Islam has fairly mentioned about Human Rights that, Islam is
interrelated with humanity through Islamic Sharia. Universal Declaration of Human
Rights has a great significance in recent times because it is the first document of human
rights together. Right to life, right to freedom, right to justice, equality of human beings
has been interpreted with the law of human rights. Human rights have also been resembled
with Bangladesh legal system and it includes the law of crimes, Code of Civil Procedure,
Code of Criminal Procedure and Constitutional law as well. Without the law of human
rights it might not be possible to protect our human dignity and human life as well. The
researchers also tried to explore the parallels between Islamic principles and Bangladesh's
legislative framework regarding human rights, and to provide actionable recommendations
for policymakers to integrate these principles effectively into policy-making processes,
ensuring a harmonious alignment between religious values and legal norms.
Keywords: Human Rights, Islamic source, Universal Declaration of Human Rights,
Intergenerational equity, Bangladesh’s Law
Received: 11 February 2024
Reviewed: 25 March 2024
Accepted: 15 April 2024
Published: 16 June 2024
Executive Chief Editor
Dr. Hasrat Arjjumend
Deputy Editor-in-Chief
Prof. Dr. Larysa Klymanska
Associate Editors
Dr. Mohanasundari Thangavel
Dr. Ansari P. A.
JO URN AL OF PO L IC Y & G OVE RNA NC E
Published by The Grassroots Institute, Canada
In partnership with:
Lviv Polytechnic National University, Ukraine
Website: http://grassrootsjournals.org/jpg
M – 00395 | Analytical Article
ISSN 2564-212X
04(01) | June 2024
__________________________________________________________________________________________________________________
How to cite this paper: Khan, M. M. U. A., Nur, R., & Sulaeman, M. (2024). The Islamic Origins of Human Rights: Alignments with
Bangladesh’s Legal Framework and Policy Suggestions for Legislators. Journal of Policy & Governance, 04(01), 31-46.
https://doi.org/10.33002/jpg040102
Copyright © 2024 by author(s). This work is licensed under the Creative Commons Attribution International License (CC BY 4.0).
http://creativecommons.org/licenses/by/4.0/
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
32
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
1. INTRODUCTION: ISLAMIC SOURCE
Among some crucial sources of human rights law, Islamic source is an important source. Through
different observations and surveys it has been found that Quran has all the solutions that we want. Islam
contains more knowledge about the values of human rights. As a Muslim community, following the Holy
Quran is a must as it has mentioned about all the necessaries and necessities, which we need for living. It
also shows the path to follow. In the Quran, all rights that a community is entitled to have by birth have
been mentioned. These rights are actually granted by Allah [translation: God]. No one has the power to
abrogate these rights. According to Prophet MuhammadPBUH, “Whoever seizes the rights of a Muslim, then
he has the right to go to hell and unlawful to enter haven” (Taimia, 2005).
1
Quran has mentioned fairly about human rights, interpreting that Islam is interrelated with
humanity through Islamic Sharia. Islamic Human Rights basically contained the core principles of
equality, freedom and respect for all human beings. The Constitution of Medina, also known as the
Charter of Medina
2
, was drafted by Prophet MuhammadPBUH in 622 AD (Islamiyati, 2017). It constituted
a formal agreement between Prophet MuhammadPBU H and all of the significant tribes and families of
Yathrib (later known as Medina), including Muslims, Jews, and pagans
3
(Komen, 2012).
In recent years, there has been a growing diversity in Islamic political movements and ideologies,
ranging from moderate reformist groups to more conservative or radical factions. The rise of political
Islam has led to increased participation of Islamic parties and movements in electoral politics across
various Muslim-majority countries, with some achieving significant success in gaining political power or
influencing policy agendas (Ayoob, 2007). However, Islamic politics also faces challenges, including
internal divisions, tensions between secular and religious forces, and external pressures from global
powers (Guilain, 2002). Issues such as governance, human rights, and the interpretation of Islamic law
continue to be central to debates within Islamic political discourse. Additionally, the impact of
globalization, technological advancements, and social media has reshaped the dynamics of Islamic
politics, influencing the mobilization of grassroots movements and the dissemination of ideas (Hosseini
et al., 2014).
Furthermore, Islam enhanced the way of life and established human rights with the parallel
technique of teaching Muslims to create peace. In addition, there is lack of comprehensive studies
assessing the potential conflicts or tensions between sacred principles and universal human rights
standards within the context of Bangladesh's legal system (Kirazli, 2024). However, Muslims perspective
on human rights is included in their life and social, political and economic activities. Islam raised the
voice over violence, entitled the interpretation through laws, and promoted human rights in multitude
contexts (Almahfali & Avery, 2023).
The development of Islamic politics in Bangladesh has unfolded against the backdrop of the
country's post-independence history, witnessing the emergence and evolution of various Islamic political
parties and movements since 1971. This trajectory has been marked by constitutional amendments
affirming Islam as the state religion and the rise of Islamist organizations advocating for the
implementation of Shariah law (Hossain, 2012). Whereas Islamic parties have participated in electoral
politics, their influence has fluctuated amidst tensions with secular forces and periodic clashes over issues
such as religious freedom and the role of Islam in governance. The role of Jamaat-e-Islami in the
development of Islamic politics in Bangladesh has been significant, albeit controversial (Jahan & Shahan,
2013). Founded in 1941 by Maulana Abul Ala Maududi, Jamaat-e-Islami initially aimed to establish an
Islamic state based on Shariah law. In Bangladesh, the party emerged as a major political force advocating
for Islamization of society and governance following the country's independence in 1971 (Islam, 2021).
During the 1970s and 1980s, Jamaat-e-Islami was part of ruling coalition and played a prominent role in
shaping government policies. Civil society organizations have played a crucial role in advocating for
secularism and minority rights, while international factors have also shaped Bangladesh's Islamic politics,
reflecting broader global debates on Islam and democracy (Jahan & Shahan, 2013).
1
Hadith: Whoever seizes the right of a Muslim by taking a false oath, Allah will condemn him to Hell and will forbid Paradise for him.
Encyclopaedia of Translated Prophetic Hadiths (n.d.), https://hadeethenc.com/en/browse/hadith/5430
2
The "Constitution" of Medina: Translation, commentary, and meaning today. (2021), Yaqeen Institute for Islamic
Research. https://yaqeeninstitute.org/read/paper/the-constitution-of-medina-translation-commentary-and-meaning-today.
3
Definition of Pagan. (n.d.). Merriam-Webster: America's Most Trusted Dictionary. https://www.merriam-
webster.com/dictionary/pagan
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
33
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
2. HUMAN RIGHTS FROM ISLAMIC PERSPECTIVE
Islam guarantees the protection and security for the existence of the individual assets, which also
includes the rights to enjoy one’s property. Islam also guarantees other human rights. Those are discussed
below:
2.1 Right to Life
Right to life is the first and foremost human right among all the rights. This is a recognized Islamic
right. It has been mentioned in the Holy Quran that:
“Whoever kills a human being without any reason, manslaughter or corruption on earth, it is as though
he killed all mankind….” (Verse 5:32)
4
means killing an innocent person seems to kill all
humans. It has been also mentioned in the Quran that,
Right to life is one of the most important fundamental rights provided by the Constitution of
Bangladesh. In Bangladesh, fundamental principles cannot be enforced judicially in general but when
the principles are connected with our fundamental rights, then the principles may get enforceability.
Such as, the right to have a good environment is the fundamental principle. Though it’s very important
for us to have a good environment, if it's violated we can’t go before court and the reason behind this is
that the principle is not enforceable. But when the principle can be interpreted with the right to life,
which is a fundamental right, citizens may have the enforceability of the principle. In the case of Ratlam
Municipality vs. Vardichand
5
, it was held that “decency and dignity are non-negotiable facets of human
rights and are a first charge on local self-governing bodies.” Court treated a healthy environment as a part
ofthe right to life (Ratlam Municipality vs. Vardichand, 1980).
2.2 Right to Freedom
Islam has also clarified about the right to freedom. Islam has strongly prohibited the slavery
custom. Freeing a slave by one’s own free will was declared to be an act of great merit, so much so that it
was stated that every limb of the man who manumits a slave will be protected from hell fire in lieu of the
limb of the slave freed by him. Prophet Muhammad PBUH has mentioned that- “There are three categories of
people against whom I shall myself be a plaintiff on the Day of Judgment and among those one is he who enslaves
a free man, then sells him and eats his money.” (Al-Bukhari)
6
(Social identity western, synergetic Islam,
practical realistic law)
Bangladesh also prohibits the custom of slavery through different local and international
legislation. In most of the cases by the way of trafficking of human beings, people are used in slavery or
forced labour. But Anti-Slavery International prohibits such kind of slavery with the help of different
provisions of the International Labour Organization (ILO) including the Abolition of Forced Labour.
Bangladesh ratified ILO Convention Number 29 and 105 of the Abolition of Forced Labour. Alongside,
the state is also having the application of the Repression of Women and Children Act, 2000 (Amended in
2003) where human trafficking is strictly prohibited.
2.3 Right to Justice
Islam has also mentioned the right to have fair justice. Right to have fair justice is one of the basic
rights provided by Islam. The justice to which Islam invites does not have any limitations. All the tribes,
all the citizens of other countries are all entitled to have justice along with the Muslims. In the Quran, it has
been mentioned that “You who believe stand steadfast before God as witness for truth and fair play.” (Verse 4:135)
7
Access to justice in an adversarial system is restricted by many factors. Participants in an
adversarial system, which is resource based, can never be equal in terms of capability. Menon emphasized
access to justice becomes meaningful “only when the law is equal and offers equal protection irrespective
of statutes of individuals in society (Menon, 2006).” Access to justice is the primary concern of our state
and the highest law ‘Constitution of Bangladesh’ also refers to the access to justice through its different
4
Surah Al-Ma’idah - 32 (n.d.). Retrieved from: https://quran.com/5/32?translations=18,19,85,17,20,95
5
Municipal Council, Ratlam v. ShriVardhichand & Others, 1980 AIR (n.d.). Retrieved from: https://www.escr-
net.org/caselaw/2019/municipal-council-ratlam-v-shri-vardhichand-others-1980-air-1622-1981-scr-1-97
6
Sahih al-Bukhari 2270 - Hiring - Sayings and Teachings of Prophet Muhammad (n.d.). Retrieved from:
https://sunnah.com/bukhari:2270
7
Surah Al-Ma’idah - 8 - (n.d.). Retrieved from:
https://quran.com/5:8?font=v1&translations=149%2C167%2C203%2C131%2C17%2C95%2C19%2C22%2C206%2C207
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
34
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
provisions i.e., article 19 (1), 27 and 33 (1). Bangladesh Legal Aid and Service Trust (BLAST) is one of
the most concerned authorities who is dealing with access to justice.
In the case of BLAST and others vs. Bangladesh and others
8
, it was argued that access to justice
has been denied and some fundamental rights also violated. A set of orders has been passed by the
honourable court here in this case which is basically considered as the safeguard guidelines for every
individual who seeks justice (BLAST and others vs. Bangladesh and others, 2003).
2.4 Equality of Human Being
Islam not only recognizes absolute equality between men irrespective of any distinction for colour,
race, nationality, but makes it an important and significant principle which is a reality. The Almighty
has mentioned in the Holy Quran that “O mankind, verily we created you from men and women”,
9
which
means there is no question of discrimination as we are considered as brothers and sisters to one another.
The Islamic jurist must agree that Prophet Muhammad PBUH preached against what he saw as the
social evils of his day, and that Islamic social reforms in areas such as social security, family structure,
slavery, and the rights of women and ethnic minorities improved on what was present in existing Arab
society at the time (Shiman, 1993). For example, according to Bernard Lewis (Lewis, 2011), Islam "from
the first denounced aristocratic privilege, rejected hierarchy, and adopted a formula of the career open to
the talents." John Esposito sees Prophet Muhammad PBUH as a reformer who condemned the Pagan Arabs’
practices, such as female infanticide, exploitation of the poor, murder, false contracts, and theft (Jawad,
1998). Bernard Lewis believes that the egalitarian nature of Islam “represented a very considerable
advance on the practice of both the Greco-Roman and the ancient Persian world (Lewis, 2011)." Prophet
Muhammad PBUH also incorporated Arabic and Mosaic laws and customs of the time into his divine
revelations (Machiavelli, 2018).
So it can be said that, Quran is the complete source of human beings which includes all the pros
and cons of our life and that contains the responsibilities and rights of a person inherent to all from the
very beginning. Article 27 of the Constitution of Bangladesh secures the provision of equality before law.
It can be interpreted that every individual must have the equal opportunities before law. Article 28
articulated that the state shall not make any discrimination between any individual citizens on the ground
of religion, caste, sex and place of birth.
2.5 Freedom of Thought and Religion
Notably, Islam provides and ensures the freedom of thought and expression to every devotee and
its followers including the other individuals. Islam creates a strong emphasis on peace in interactions
with both Muslims and non-Muslims in every society, and supports keeping away from violence and
conflict on the aspects of freedom of speech.
Article 18 of Universal Declaration of Human Rights (UDHR) has articulated freedom of thought,
which has created the scope of thinking as of their personalities. Subsequently, Article 41 of the
Constitution of Bangladesh provides the Freedom of religion that urges every citizen to have the right to
profess, practice or propagate any religion.
3. CAIRO DECLARATION ON HUMAN RIGHTS AND OIC
The Cairo Declaration on Human Rights and its relevance within the Organization of Islamic
Cooperation (OIC) have significantly shaped the discourse on human rights within Muslim-majority
nations. Formulated in response to perceived deficiencies in the Universal Declaration of Human Rights
(UDHR), particularly its neglect of religious considerations, the Cairo Declaration underscores the
importance of Islamic principles in guiding human rights discourse. This article aims to examine the
parallels between Islamic principles of human rights as articulated in the Cairo Declaration and
Bangladesh's legislative framework. Furthermore, it seeks to provide recommendations for policymakers
based on these comparisons.
The Cairo Declaration on Human Rights emerged in 1990 under the auspices of the Organization
of Islamic Cooperation (OIC), addressing perceived gaps in the UDHR's recognition of religious values.
8
SCOB [2015] AD BLAST & Others vs. Bangladesh & Others (Surendra Kumar Sinha, CJ) (n.d.). Supreme Court of Bangladesh.
Retrieved from https://www.supremecourt.gov.bd/resources/bulletin/1.1_SCOB_AD_1.pdf.
9
The Quranic Arabic Corpus - Translation (n.d.). https://corpus.quran.com/translation.jsp?chapter=49&verse=13
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
35
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
It emphasizes the significance of Islam in guiding human behavior and upholding fundamental rights.
Unlike the UDHR, which is criticized for its secular approach, the Cairo Declaration asserts the
inseparable connection between Islamic principles and human rights. It highlights that adherence to
Islamic teachings is essential for the protection of human dignity and rights.
Moreover, the Cairo Declaration asserts that Islamic values encompass essential human rights,
thereby emphasizing the importance of respecting these rights as divine commands. The Organization of
Islamic Cooperation (OIC) serves as a platform for advocating and defending human rights within the
Islamic context. It prioritizes the preservation of Islamic social and economic values while promoting
human rights principles.In relation to the Cairo Declaration with the OIC, and Islamic human rights lies
in shared goal for promoting human rights within the framework of Islam, assistance for the recognition
of Islamic perspectives on human rights, and fostering discussion and cooperation among Muslim-
majority countries to address human rights challenges in the global world. At the same time as the Cairo
Declaration and Islamic human rights discourse provide specific articulations of human rights from an
Islamic perspective, the OIC serves as a platform for collective action and assistance on human rights
issues affecting Muslim communities globally.
Comparatively, Bangladesh's legislative framework reflects a similar commitment to upholding
human rights within the context of Islamic principles. The Constitution of Bangladesh recognizes the
importance of religion in shaping the country's legal system and guarantees the protection of fundamental
rights while respecting religious values. Various laws and regulations in Bangladesh align with Islamic
principles of justice, equality, and social welfare.
4. IMPORTANCE OF UDHR
UDHR has a great significance in recent times because it is the first document of human rights
together. Islamic aspects or the other religious aspects of human rights are obeyed by their own religious
tribes but UDHR is the only documentary declaration, which has been bound to all the states in one rope.
After fifty years since the adoption of the Universal Declaration of Human Rights, it is legitimate to ask
whether the UDHR is at the root of all the positive international action in the last five decades. At the
root of these developments were, of course, the suffering and the struggles of people. But, the UDHR was
a breakthrough and a revolution in international relations and has remained a continuing source of
inspiration since 1948. It is a living document in United Nations practiced now as part of international
customary law (Ananthavinayagan, 2020). The UDHR enshrines universal principles of human rights
that are applicable to all individuals, regardless of their religion, ethnicity, or nationality. Even as this
article is focusing on Islamic sources of human rights and it can acknowledge the universality of certain
human rights principles as articulated in the UDHR. This gratitude underscores the significance of
upholding the fundamental rights and freedoms for all individuals, including those within Islamic
societies. Furthermore, the article is recognizing the compatibility between Islamic principles and the
UDHR which may also facilitate cooperation on human rights issues. By highlighting the common values
shared by Islam and universal human rights, the article has constructed to encourage the collaboration
between Muslim-majority countries like Bangladesh and the broader international community in
advancing human rights goals.
Throughout its existence, the United Nations (UN) has consistently reinforced the principles
articulated in the Universal Declaration of Human Rights (UDHR), holding nations accountable to its
exacting standards, regardless of their membership status within the UN. This steadfast commitment
serves a multifaceted role in shaping international relations and promoting human dignity. Some features
are explained as under:
4.1 Facilitating Diplomatic Relations
The UDHR serves as a common platform for nations that have ratified it, fostering a shared
understanding of human rights principles among signatory countries. By adhering to these principles,
nations can establish a basis for mutual respect and cooperation, bolstering diplomatic relations and
paving the way for constructive dialogue on a range of global issues.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
36
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
4.2 Ensuring Rights for All
An essential aspect of the UDHR is its universality. Regardless of cultural, social, or geographical
differences, the declaration affirms that all individuals, including members of Indigenous peoples and
marginalized communities, are entitled to the same fundamental human rights. This inclusivity helps to
empower vulnerable populations, ensuring that their voices are heard and their rights protected on the
global stage.
4.3 Promoting Fundamental Values
At its core, the UDHR embodies a set of fundamental values that are indispensable for the
establishment of just and equitable societies. These values include dignity, fairness, equality, and respect
for all individuals, regardless of their background or circumstances. By upholding these principles,
nations can foster environments conducive to peace, stability, and prosperity for all members of society.
4.4 Enforcing Accountability
One of the key functions of the UDHR is to provide a framework for holding governments and
other actors accountable for human rights violations. By codifying human rights standards, the
declaration empowers individuals, civil society organizations, and international bodies to demand
accountability from those responsible for abuses. This accountability mechanism helps to deter future
violations and promote a culture of respect for human rights at all levels of society.
4.5 Enhancing Access to Justice
The UDHR serves as a cornerstone for legal systems around the world, providing a framework for
the development of laws and policies that protect and promote human rights. By incorporating the
principles of the UDHR into their legal frameworks, nations can ensure that all individuals have access
to justice and effective remedies in cases of human rights violations. This enhances the rule of law and
strengthens the legitimacy of legal institutions, thereby promoting social cohesion and stability.
4.6 Upholding International Norms
By adhering to the UDHR, nations contribute to the maintenance and reinforcement of
internationally accepted norms regarding human rights. This not only strengthens the global human
rights regime but also fosters a sense of solidarity and shared responsibility among nations to uphold
these principles. By upholding international norms, nations can build trust and cooperation on the
international stage, leading to greater stability and security for all.
4.7 Harmonizing with Religious Values
The principles enshrined in the UDHR resonate with the teachings of many religious traditions,
including Islam. By emphasizing values such as justice, compassion, and respect for human dignity, the
UDHR aligns with the ethical teachings of Islam and other religions. This compatibility enables nations
to integrate human rights principles into legal frameworks that are consistent with diverse cultural and
religious traditions, thereby promoting social cohesion and inclusivity.
4.8 Addressing Contemporary Challenges
In today's complex and rapidly changing world, the UDHR provides a vital framework for
addressing contemporary challenges to human rights. From ongoing conflicts and humanitarian crises
to emerging issues such as climate change and technological advancements, the principles of the UDHR
offer guidance on how to navigate these challenges while upholding fundamental freedoms and dignity
for all individuals. By applying the principles of the UDHR to these pressing issues, nations can work
together to find sustainable and inclusive solutions that promotes human rights and advances the well-
being of all members of society.
After considering the previous and recent application of human rights, it may be assumed that the
above mentioned particulars can create a great impact on society and it also indicates the importance of
having UDHR as a signatory state.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
37
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
5. CLASSIFICATION: THREE GENERATIONS RIGHT
Historically, Human Rights motioned as the generations. Besides that, Human Rights can be
classified into three generations. The notion of three generations of rights categorizes human rights into
three broad categories based on their focus and development over time. First-generation rights, also
known as civil and political rights, emphasize individual freedoms and liberties such as the right to life,
freedom of speech, and religion, protecting individuals from government interference. Second-generation
rights, termed economic, social, and cultural rights, encompass rights related to socio-economic well-
being, including education, healthcare, and housing, aiming to address socio-economic inequalities and
promote social justice. And, third-generation rights, known as collective or solidarity rights focus on the
rights of groups and communities, such as self-determination, peace, and a healthy environment,
highlighting the importance of global cooperation and collective well-being. These three generations of
rights have evolved over time to address the changing needs and challenges of society, shaping the
discourse on human rights and influencing legal frameworks worldwide. By connecting the three
generations of rights outlined in the UDHR with the discussion of Islamic sources of human rights in
Bangladesh's legislation, this article can provide a comprehensive analysis of how religious principles
intersect with contemporary legal frameworks to promote a more comprehensive and rights-based
civilization. It determines the significance of addressing varied dimensions of human rights to ensure the
holistic well-being of individuals and communities within Bangladesh and beyond. The concept of
human rights is often analyzed through the lens of three distinct generations, each representing a
different aspect of rights and freedoms that individuals and communities are entitled to.
5.1 First Generation Rights (Civil and Political Rights)
These rights are primarily concerned with protecting individuals from state interference in their
personal and political lives. They encompass traditional liberties and freedoms that are essential for the
functioning of democratic societies. Examples include:
a) The right to life: Protection against arbitrary deprivation of life.
b) The right to liberty and security of person: Safeguarding against arbitrary arrest or
detention.
c) Freedom of expression: The right to freely express opinions and ideas without censorship
or restraint.
d) Freedom of religion: The right to practice one's religion freely, without discrimination or
persecution.
e) Right to a fair trial: Ensuring access to justice and due process in legal proceedings.
5.2 Second Generation Rights (Economic, Social, and Cultural Rights)
These rights go beyond individual liberties to address broader socio-economic inequalities and
injustices. They require governments to take proactive measures to ensure the well-being and prosperity
of their citizens. Examples include:
a) The right to education: Guaranteeing access to quality education for all individuals,
regardless of socio-economic background.
b) The right to health care: Ensuring access to affordable and quality health services for
everyone.
c) The right to work: Ensuring access to decent and productive employment opportunities, as
well as fair wages and working conditions.
d) The right to housing: Ensuring access to adequate and affordable housing for all.
e) The right to social security: Providing a safety net for those who are unable to support
themselves due to factors such as unemployment, disability, or old age.
5.3 Third Generation Rights (Collective or Development Rights)
These rights emerged in response to the evolving needs of societies and the recognition of the
interconnectedness of rights across communities and generations. They often focus on issues of collective
well-being, sustainability, and cultural preservation. Examples include:
a) Group and collective rights: Protecting the rights of specific groups or communities, such
as indigenous peoples or ethnic minorities, to preserve their cultures and identities.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
38
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
b) Right to self-determination: Affirming the rights of peoples to freely determine their
political status and pursue their economic, social, and cultural development.
c) Right to a healthy environment: Ensuring access to clean air, water, and natural resources,
as well as protection from environmental degradation and pollution.
d) Right to communicate and communication rights: Guaranteeing freedom of expression,
access to information, and the ability to participate in public discourse and decision-making
processes.
e) Right to participate in cultural heritage: Promoting cultural diversity and ensuring the
rights of individuals to participate in and contribute to cultural life.
f) Right to intergenerational equity and sustainability: Ensuring that present and future
generations have equitable access to resources and opportunities, and that development is
pursued in a sustainable manner that preserves resources for future use.
These generations of rights reflect the evolving understanding of human rights and the recognition
of the diverse needs and aspirations of individuals and communities around the world. They underscore
the importance of addressing not only political and civil liberties but also socio-economic inequalities,
cultural preservation, and environmental sustainability in the pursuit of human dignity and justice.
Implementation of such rights primarily depends significantly on international cooperation and not
merely the local legal and constitutional measures. Difference between these three sets of rights follows
historical struggle for them, the appearance of the separate international instruments that protect them,
the philosophical arguments concerning their status and the methodological matters surrounding their
measurements (Faruque, 2012).
6. IMPORTANCE OF THREE GENERATION RIGHTS
These rights are creating an important impact for surviving in the world safely. At first, it should
be enlighten that without a healthy environment, people cannot live in the world harmlessly. Natural
resources are also very important for the environment and also for the economy of a country. Interrelation
between other states is important as well. Without intergenerational equity, we cannot ensure a good
environment or other resources for our next generation. They will get nothing, if the present generation
doesn't apply the intergenerational equity appropriately. Third generation human rights are interred
connected with the first generation and second generation of human rights. In the recent period, these
rights cannot be differentiated at all.
Nevertheless, there lies general agreement for these areas which must require further exploration
and attention from the international community. Some collective rights have already been recognized
under the African Charter on Human and Peoples' Rights and the Declaration on the Rights of
Indigenous Peoples. The UDHR itself includes the right to self-determination and a human right to
development, which was codified in a 1986 UN General Assembly Declaration ("OHCHR | Declaration
on the Right to Development").
The right to development is an inalienable human right by virtue of which every human person
and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and
political development, in which all human rights and fundamental freedoms can be fully realized. The
Universal Declaration of Human Rights (UDHR)
10
holds immense importance in the realm of
international law, diplomacy, and human rights, such as:
1. Foundation of International Human Rights Law: The UDHR serves as the cornerstone of modern
international human rights law. Adopted by the United Nations General Assembly in 1948, it
was the first global declaration to set out fundamental human rights to be universally protected.
It laid the groundwork for subsequent human rights treaties and conventions, forming the basis
of a comprehensive framework for the promotion and protection of human rights worldwide.
2. Universal Standards and Values: The UDHR establishes universal standards of human rights
applicable to all individuals, regardless of nationality, ethnicity, religion, gender, or any other
distinction. It articulates fundamental rights and freedoms that are inherent to all human
beings, such as the right to life, liberty, and security, freedom from torture and slavery, and the
10
OHCHR | Declaration on the Right to Development. Retrieved 30 July 2021, from
https://www.ohchr.org/EN/ProfessionalInterest/Pages/RightToDevelopment.aspx.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
39
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
right to education and work. By emphasizing the universality of human rights, the UDHR
underscores the inherent dignity and worth of every person.
3. Guiding Principles for State Action: The UDHR outlines the responsibilities of governments to
respect, protect, and fulfill the human rights of their citizens. It serves as a guide for states in
the formulation of laws, policies, and practices that uphold human rights standards.
Governments are expected to align their domestic legislation and institutions with the
principles of the UDHR, ensuring the promotion of human dignity, equality, and justice within
their respective jurisdictions.
4. Framework for Accountability and Justice: The UDHR provides a framework for holding
governments and other actors accountable for human rights violations. It empowers
individuals, civil society organizations, and international bodies to challenge and address
abuses through legal mechanisms, advocacy efforts, and public awareness campaigns. By
establishing clear standards of conduct, the UDHR facilitates accountability and contributes
to the prevention and redress of human rights violations.
5. Promotion of Peace and Stability: Respect for human rights is essential for fostering peaceful and
stable societies. The UDHR emphasizes the importance of promoting tolerance,
understanding, and cooperation among individuals and communities. By addressing root
causes of conflict, such as discrimination, inequality, and injustice, the UDHR contributes to
the promotion of peace, reconciliation, and social cohesion at the national and international
levels.
6. Inspiration for Human Rights Advocacy: The UDHR has inspired generations of human rights
activists, advocates, and organizations around the world. It serves as a rallying cry for those
fighting against oppression, discrimination, and injustice. The principles and values enshrined
in the UDHR have mobilized diverse movements for social change, leading to the advancement
of human rights agendas and the expansion of rights protections in various contexts.
7. Framework for International Cooperation: The UDHR underscores the importance of
international cooperation in the promotion and protection of human rights. It encourages
states to work together, as well as with civil society organizations, international institutions,
and other stakeholders, to address global challenges and ensure the realization of human rights
for all. Through dialogue, collaboration, and mutual support, the UDHR promotes solidarity
and shared responsibility in advancing the human rights agenda worldwide.
Overall, the UDHR remains a vital instrument for promoting human dignity, equality, and justice
in a rapidly changing world. Its enduring relevance underscores the ongoing commitment of the
international community to uphold the principles of human rights and work towards a more just and
inclusive society for all.
7. HUMAN RIGHTS: RESEMBLING WITH BANGLADESH’S LEGISLATION
The Constitution serves as the foundational legal document in Bangladesh, guiding the legal
system and ensuring the protection of rights and freedoms. Universal Declaration of Human Rights
(UDHR) and the Constitution of Bangladesh, along with other laws that protect human rights:
7.1 Equality Before Law
Both UDHR Article 7
11
and Constitution Article 27
12
affirm the principle of equality before the
law. This ensures that all individuals, regardless of their background, are entitled to equal treatment and
protection under the legal system. It prohibits discrimination and ensures that justice is administered
impartially.By recognizing and upholding this principle, both international and national legal
frameworks strive to ensure justice, fairness, and the protection of individual rights for all members of
society, thereby promoting the rule of law and fostering a more just and equitable society.
11
Universal Declaration of Human Rights | United Nations (n.d.). United Nations. https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
12
Constitution of Bangladesh (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-details-367.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
40
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
7.2 Protection Against Arbitrary Arrest
UDHR Article 9
13
and Constitution Article 33
14
provide essential safeguards against arbitrary
arrest and detention. They stipulate that individuals cannot be arrested or detained arbitrarily but must
be afforded due process of law. This includes the right to be informed of the reasons for arrest, the right
to legal representation, and the right to challenge the legality of detention.By enshrining these safeguards,
both international and national legal frameworks seek to uphold the principles of justice, rule of law, and
respect for human dignity, thereby safeguarding individual rights and promoting a society based on
fairness, accountability, and the protection of fundamental freedoms.
7.3 Right to Fair Trial
UDHR Article 10
15
and Constitution Article 35
16
both uphold the right to a fair and public hearing
in criminal proceedings. They ensure that individuals accused of crimes are provided with adequate legal
representation, have the opportunity to present evidence and witnesses in their defense, and are judged
by impartial tribunals. These provisions are essential for protecting individuals from miscarriages of
justice and ensuring the rule of law
17
. By enshrining these safeguards, both international and national
legal frameworks seek to prevent miscarriages of justice, protect individual rights, and uphold the rule of
law, thereby promoting confidence in the legal system and ensuring the integrity of criminal proceedings.
7.4 Right to Property
UDHR Article 17
18
and Constitution Article 42
19
recognize and protect the right to property. They
guarantee that individuals have the right to own, use, and dispose of property without arbitrary
interference. These provisions are crucial for promoting economic stability, encouraging investment, and
protecting individuals from unlawful deprivation of their assets.Both international and national legal
frameworks aim to safeguard individual autonomy, promote economic stability, and ensure the equitable
distribution of wealth within society.
7.5 Freedom of Thought and Religion
Both UDHR Article 18
20
and Constitution Article 39
21
safeguard the freedom of thought,
conscience, and religion. They ensure that individuals have the right to hold and express their beliefs
freely, without coercion or discrimination. These provisions are essential for promoting diversity,
tolerance, and pluralism within society.
7.6 Freedom of Assembly and Association
UDHR Article 20
22
and Constitution Article 37
23
protect the freedom of peaceful assembly and
association. They guarantee that individuals have the right to assemble and form associations for lawful
purposes, without interference from the state. These provisions are crucial for promoting civic
engagement, political participation, and the free exchange of ideas.
13
Universal Declaration of Human Rights | United Nations (n.d.). United Nations. https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
14
Constitution of Bangladesh (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-details-367.
15
Universal Declaration of Human Rights | United Nations (n.d.). United Nations. https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
16
Constitution of Bangladesh (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-details-367.
17
BLAST and others vs. Bangladesh and others (2003) 55 DLR 363 (BD).
18
Universal Declaration of Human Rights | United Nations (n.d.). United Nations. https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
19
Constitution of Bangladesh (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-details-367.
20
Universal Declaration of Human Rights | United Nations (n.d.). United Nations. https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
21
Constitution of Bangladesh (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-details-367.
22
Universal Declaration of Human Rights | United Nations (n.d.). United Nations. https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
23
Constitution of Bangladesh (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-details-367.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
41
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
7.8 Non-Discrimination
UDHR Article 2
24
and Constitution Article 28
25
prohibit discrimination on various grounds,
including religion, race, caste, sex, or place of birth. They ensure that all individuals are treated equally
before the law and are afforded equal protection of their rights. These provisions are essential for
promoting social cohesion, inclusivity, and equality of opportunity.
7.9 Freedom of Religion
Both UDHR Article 18
26
and Constitution Article 41
27
guarantee the freedom of religion. They
ensure that individuals have the right to practice, profess, and propagate their religion freely, without
fear of persecution or discrimination. These provisions are fundamental for respecting religious diversity
and promoting religious harmony within society.
7.10 Freedom of Movement
UDHR Article 13
28
and Constitution Article 36
29
safeguard the freedom of movement. They ensure
that individuals have the right to move freely within the country and to travel abroad, subject only to
reasonable restrictions necessary for public safety, national security, or the protection of the rights and
freedoms of others.
In addition to these constitutional provisions, human rights are protected by various laws in
Bangladesh:
a) Penal Code, 1860: Several provisions of the Penal Code align with the principles of the UDHR,
providing legal remedies and punishments for offenses that violate human rights, such as
murder (Section 300)
30
. However, it's important to note that certain provisions, such as the
retention of the death penalty, may be considered inconsistent with the UDHR's principles.The
article could analyze how Section 300 aligns with Islamic principles of qisas (retaliation) and
diyat (blood money) in cases of homicide. These principles offer avenues for justice and
reconciliation in accordance with Islamic law, supplementing the legal provisions outlined in
the Penal Code and it provides an opportunity to explore the intersection of Islamic principles,
human rights, and legal frameworks in Bangladesh, highlighting areas of convergence and
potential areas for improvement in policy and legislation.
b) Code of Civil Procedure, 1908: This code ensures fair and equitable resolution of civil disputes,
aligning with the UDHR's principles of justice and due process
31
. The CPC establishes
procedures for conducting trials in civil cases, including principles of due process, evidence,
and fairness. These provisions are consistent with Islamic principles of justice, which require
that legal proceedings be conducted fairly and impartially. Ensuring a fair trial is essential for
upholding the rights of litigants and promoting confidence in the legal system. The CPC, 1908,
contributes to the realization of Islamic principles of justice, fairness, and the protection of
rights within the context of civil litigation in Bangladesh. While not explicitly based on Islamic
sources, the CPC aligns with fundamental principles of Islamic law and supports the promotion
and protection of human rights within the legal framework of Bangladesh.
c) Code of Criminal Procedure, 1898: Sections of this code address arrest, detention, and fair trial
rights, aligning with the UDHR principles. For example, Section 41, 42, 54, and 151 provide
safeguards regarding arrest and detention, while Section 526 ensures the right to a fair trial
32
.
Islamic law encourages the principles of restorative justice, which emphasize reconciliation,
forgiveness, and rehabilitation. While the CrPC is primarily focused on the punitive aspects of
criminal justice, it also provides opportunities for the resolution of disputes through alternative
24
Universal Declaration of Human Rights | United Nations (n.d.). United Nations. https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
25
Constitution of Bangladesh (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-details-367.
26
Universal Declaration of Human Rights | United Nations (n.d.). United Nations. https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
27
Constitution of Bangladesh (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-details-367.
28
Universal Declaration of Human Rights | United Nations (n.d.). United Nations. https://www.un.org/en/about-us/universal-
declaration-of-human-rights.
29
Constitution of Bangladesh (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-details-367.
30
Penal Code, 1860 (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-11.html.
31
Code of Civil Procedure, 1908 (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-86.html.
32
Code of Criminal Procedure, 1898 (n.d.). Laws of Bangladesh. Retrieved from: http://bdlaws.minlaw.gov.bd/act-75.html.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
42
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
dispute resolution mechanisms, such as mediation and plea bargaining. These mechanisms can
be aligned with Islamic principles of resolving conflicts amicably and promoting social
harmony. Furthermore, Islamic law emphasizes the principles of justice, equity, and the rule
of law. The CrPC aligns with these principles by providing procedural mechanisms for the
investigation and prosecution of criminal offenses, ensuring that justice is administered
impartially and in accordance with the law. The CrPC also includes provisions for the
protection of the rights of victims and witnesses, reflecting Islamic values of compassion and
fairness in the administration of justice.
d) Special Laws: The UDHR's principles are incorporated into special laws and have applicability
in the Supreme Court of Bangladesh. These laws provide additional legal avenues for the
protection of human rights and ensure that individuals who violate the rights of others can be
held accountable and punished.
Overall, these constitutional provisions and legal frameworks collectively ensure that Bangladesh's
legal system upholds the principles of dignity, equality, and justice for all its citizens, in alignment with
the Universal Declaration of Human Rights.
Case comments:
i. BNWLA vs. Government of Bangladesh and others
33
: In this case, the court has voluntarily declared
that “Our courts will not enforce any Covenants as Treaties and Conventions even if it is
ratified by the state. It can only be enforced when these are incorporated in the local
legislations.” As our state has incorporated UDHR in legal legislation, it is enforceable by the
court
34
.
ii. Ershad vs. Bangladesh and others
35
: The court added that there was full application of Article 13
of the UDHR to the facts of the present case. Through the judgment it was reaffirmed that the
right to leave a country is a fundamental human right and also consistent with the right to
freedom of movement which is guaranteed by both the constitution and the Universal
Declaration of Human Rights
36
.
iii. Bangladesh vs. Metropolitan Police Commissioner
37
: Court held that the Universal human rights
norms contained in international instruments could be enforceable when the provisions were
incorporated into the local law and the courts also cannot ignore the international obligations
which have been undertaken by a state
38
.
iv. Chaudhury and Kendra vs. Bangladesh and others
39
: It has been observed that when there is no
application of national legislation to solve a particular issue, in that case international treaties
and protocols can be taken under consideration directly and there will be no bar on that
application. Indeed, the guidelines which will be provided by the court contained significant
value in the case
40
.
8. RECOMMENDATIONS
Therefore, many human rights set forth in the international instruments are not really absolute
and may be limited by the various factors. Basically there are three determining factors which have
limited the enjoyment of human rights. Firstly, there must be some basic and primary restrictions
33
BNWLA vs. Government of Bangladesh and others (2009) 14 BLC 703
34
Supreme Court of Bangladesh, BNWLA v. Government of Bangladesh, 14 May 2009, Petition No. 5916 of 2008 — Compendium of
Court Decisions. (n.d.). https://compendium.itcilo.org/en/compendium-decisions/supreme-court-of-bangladesh-bnwla-vs.-
government-of-bangladesh-14-may-2009-petition-no.-5916-of-2008.
35
Ershad vs. Bangladesh and others (2001) (AD) 21 BLD (BD)
36
Ershad v Bangladesh, Appeal, 21 BLD (AD) (2001) 69, ILDC 476 (BD 2000), 16th August 2000, Bangladesh; Supreme Court;
Appellate Division (n.d.). Oxford Public International Law. https://opil.ouplaw.com/display/10.1093/law:ildc/476bd00.case.1/law-
ildc-476bd00.
37
Bangladesh vs. Metropolitan Police Commissioner 60 DLR 660 (BD)
38
State v. Metropolitan Police Commissioner, Khulna and Others | CRIN (n.d.). https://archive.crin.org/en/library/legal-database/state-
v-metropolitan-police-commissioner-khulna-and-others.html.
39
Chaudhury and Kendra vs. Bangladesh and others (2009) (HCD) 29 BLD (BD)
40
Chaudhury and Kendra v Bangladesh and ors, Writ petition, No 7977 of 2008, 29 BLD (HCD) 2009, ILDC 1515 (BD 2009), 19th
January 2009, Bangladesh; Supreme Court; High Court Division (n.d.). Oxford Public International Law.
https://opil.ouplaw.com/display/10.1093/law:ildc/1515bd09.case.1/law-ildc-1515bd09.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
43
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
imposed on civil and political rights on the basis of national security, public order, public safety, morals,
privacy, public health, interest of justice, etc. Secondly, through reservations which are made by the States
of human rights treaties can curtail the enjoyment rights. Finally, as treaties and are essentially
consensual in nature, states may accept or decline the obligations there under at their discretion (Faruque,
2012). After considering such matters, some recommendations has provided by the researchers:
8.1 Effective Charters: OIC should need to have some effective charters concerning human rights to
prevent the western world from making any kind of interference in the internal issues of
different states as a preventive method and they should also have enough protection and
promotions under the pretence of human rights.
8.2 Death Penalty: There are still some states who are the signatory countries of the Universal
Declaration of Human Rights but they are not obeying the rules and protocols of the UN
charter. Some of the states are applying the approach of death penalty including Bangladesh,
which is going against the protocols of human rights. To ensure human rights, states must
ensure the applicability of the UN human rights protocols accordingly.
8.3 Signatory States: Many of the states are not the signatory parties of UDHR. In many aspects
they are violating their internal human rights. To give protection to those victims, the United
Nation must take proper steps to ensure some rules and international protocols.
8.4 Crimes Against Humanity: All the criminal activities which are inhuman and against human
rights should be monitored by the superiors who are having the power to control the crime
against humanity.
8.5 Access to Justice: Every citizen should have the access to justice if there is any violation of human
rights against the citizens of a state. All the issues regarding crime against humanity should be
examined by the local authority in the first instance and afterwards, it will be taken under
consideration of the higher authorities if necessary.
8.6 Integration of Islamic Principles into National Human Rights Legislation: Policymakers should
consider incorporating Islamic values into existing human rights laws to ensure alignment with
the Cairo Declaration and OIC standards.
8.7 Strengthening Collaboration with OIC: Bangladesh can enhance its engagement with the OIC to
exchange best practices and promote a common understanding of human rights within the
Islamic context.
8.8 Promotion of Religious Tolerance and Inclusivity: Policymakers should strive to foster an
environment of religious tolerance and inclusivity, ensuring that the rights of religious
minorities are protected in line with Islamic principles.
These are some recommendations to have control over the crime against humanity in every
individual state including Bangladesh. As a state, Bangladesh is a developing country and this is the high
time to ensure the security of the general people and peace among the citizens. Implementation of proper
legal provisions at the right time can make the state a more developed and zero crime rated country.
9. CONCLUDING REMARKS
Human rights law now extends to human life. Human rights has had a remarkable influence over
the further development of the human rights law at the international stage. From the very beginning of
1948, the UDHR has been referred to in many important recommendations and declarations which are
adopted by the United Nations General Assembly. The declaration is also often employed by the court of
international courts and tribunals and including this national judiciary are also applying it with different
local legislations.
Without the law of human rights it might not be possible to protect our human dignity and human
life as well. The researcher has tried to focus on the elementary concept of human rights with Islamic
Source of human rights, Universal Declaration of Human Rights and how it has been resembled with
Bangladeshi legal system. Bangladesh is now a member of different human right treaties and conventions.
Along with this, human rights activists are doing a great job in the field to ensure justice to the victims
and spreading awareness all over the country. The most recent UN instrument on trafficking is the
protocol to prevent, suppress and punish trafficking in persons, especially Women and Children, 2000
was the supplement of the UN Convention against Transnational Organized Crime, 2000 (Faruque, 2012).
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
44
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
Indeed, the existing local laws and provisions of the Universal Declaration of Human Rights are working
collaterally to ensure justice and humanity to every citizen.
10. REFERENCES
Almahfali, M., & Avery, H. (2023). Human Rights from an Islamic Perspective: A Critical Review of
Arabic Peer-Reviewed Articles. Social Sciences. Retrieved from:
https://www.researchgate.net/publication/368544873_Human_Rights_from_an_Islamic_Perspect
ive_A_Critical_Review_of_Arabic_Peer-Reviewed_Articles.
Ananthavinayagan, D. (2020). A Reason to Celebrate? Third World Approaches to the Human Rights
Day 2020 and the UN at 75. International Law Blog. https://internationallaw.blog/2020/12/10/a-
reason-to-celebrate-third-world-approaches-to-the-human-rights-day-2020-and-the-un-at-75.
Ayoob, M. (2007). The Many Faces of Political Islam: Religion and Politics in the Muslim World.
Bibliovault OAI Repository, the University of Chicago Press.
https://www.researchgate.net/publication/37704363_The_Many_Faces_of_Political_Islam_Religi
on_and_Politics_in_the_Muslim_World.
Faruque, A. (2012). International Human Rights Law: Protection Mechanism and Contemporary Issues
(2nd ed.). Bangladesh: New Warsi Book Corporation.
Guilain, D. (2002). The forgotten SWAMP: Navigating political Islam. Middle East Policy, 9, 56-81.
http://doi.org/1111/1475-4967.00057.
Hossain, A. (2012). Islamic Resurgence in Bangladesh's Culture and Politics: Origins, Dynamics and
Implications. Journal of Islamic Studies, 23(2), 165-198.
Jahan, F., & Shahan, A. (2013). Power and Influence of Islam-Based Political Parties in Bangladesh:
Perception versus Reality. Journal of Asian and African Studies, 49(4), 1-16.
http://dx.doi.org/10.1177/0021909613488350.
Hosseini, S. E., Ramchahi, A., Jamilah, R., & Yusuf, R. (2014). The Impact of Information Technology
on Islamic Behaviour. Journal of Multidisciplinary Engineering Science and Technology, 1(5), 20.
Retrieved from: https://www.researchgate.net/publication/270272110.
Kirazli, H.S. (2024). Conceptual and Theoretical Framework of Islamic Conflict Resolution and
Peacemaking. In: Harris Sadik Kirazli (ed.), Conflict Resolution and Peacemaking in Islam. Palgrave
Series in Islamic Theology, Law, and History. Cham: Palgrave Macmillan.
https://doi.org/10.1007/978-3-031-53927-5_4.
Islam, M. (2021). Political Islam in South Asia: A critical appraisal of the Bangladesh Jamaat-e-Islami.
International Area Studies Review, 24(25), 223386592110183.
http://dx.doi.org/10.1177/22338659211018320.
Islamiyati, D. (2017). Islamic View of Human Rights. International Journal of Islamic Business Ethics, 2,
238. https://doi.org/10.30659/ijibe.2.1.238-244.
Jawad, H. A. (1998). The rights of women in Islam. Springer. Retrieved from:
https://link.springer.com/book/10.1057/9780230503311.
Komen, T. (2012). The Constitution of Medina. Pembekal Rempah Ratus Warisan. Retrieved on 9 June
2021 from: https://rempahratuswarisan.wordpress.com/2012/09/24/the-constitution-of-medina.
Lewis, B. (2011). Islam in history: Ideas, people, and events in the Middle East. Open Court. Retrieved from:
https://books.google.com.bd/books/about/Islam_in_History.html?id=RcGcb6PIky0C&redir_esc
=y.
Machiavelli, B. (2018). Notes on European Islam and the West. Google Books. Retrieved on 10 June 2021
from: https://books.google.com.au/books?id=RixlDwAAQBAJ.
Madhava, M. N. R. (2006). Access to Justice and the Role of Legal Education. In: ‘Access to Justice: A
shift from Letter of Law to Spirit of Law’, Proceedings of the Commonwealth Legal Education
Conference, New Delhi, July 28-30, 2006, p.3.
Shiman, D. (1993). A Short History of Human Rights. Retrieved on 10 May 2024 from
http://hrlibrary.umn.edu/edumat/hreduseries/hereandnow/Part-1/short-history.htm.
Taimia, I. (2005). Enjoining Right and Forbidding Wrong - By Ibn Taimia. Retrieved on 9 May 2024
from: https://www.iium.edu.my/deed/articles/alhisba.html.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
45
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
AUTHORS’ DECLARATIONS AND ESSENTIAL ETHICAL COMPLIANCES
Authors’ Contributions (in accordance with ICMJE criteria for authorship)
Contribution
Author 1
Author 2
Author 3
Conceived and designed the research or analysis
Yes
Yes
Yes
Collected the data
Yes
Yes
Yes
Contributed to data analysis & interpretation
Yes
Yes
Yes
Wrote the article/paper
Yes
Yes
Yes
Critical revision of the article/paper
Yes
No
No
Editing of the article/paper
Yes
No
No
Supervision
Yes
No
No
Project Administration
Yes
Yes
Yes
Funding Acquisition
No
No
No
Overall Contribution Proportion (%)
60
20
20
Funding
No funding was available for the research conducted for and writing of this paper. Therefore,
acknowledging any support agency is not applicable in case of this research or the written work. However,
informal support of institutional supervisors, colleagues and respondents is duly acknowledged.
Research involving human bodies or organs or tissues (Helsinki Declaration)
The author(s) solemnly declare(s) that this research has not involved any human subject (body or organs)
for experimentation. It was not a clinical research. The contexts of human population/participation were
only indirectly covered through literature review. Therefore, an Ethical Clearance (from a Committee or
Authority) or ethical obligation of Helsinki Declaration does not apply in cases of this study or written
work.
Research involving animals (ARRIVE Checklist)
The author(s) solemnly declare(s) that this research has not involved any animal subject (body or organs)
for experimentation. The research was not based on laboratory experiment involving any kind of animal.
Some contexts of animals are also indirectly covered through literature review. Therefore, an Ethical
Clearance (from a Committee or Authority) does not apply in cases of this study or written work.
Research on Indigenous Peoples and/or Traditional Knowledge
The author(s) solemnly declare(s) that this research has not involved Indigenous Peoples as participants
or respondents, with the documentation of their Indigenous Knowledge. Some other contexts, if any, of
Indigenous Peoples or Indigenous Knowledge are only indirectly covered through literature review. An
Ethical Clearance ‘to conduct research on indigenous peoples’ Indigenous knowledge is also not relevant.
Therefore, an Ethical Clearance (from a Committee or Authority) or prior informed consent (PIC) of the
respondents or Self-Declaration in this regard does not apply in cases of this study or written work.
Research involving Plants
The author(s) solemnly declare(s) that this research has not involved the plants for experiment or field
studies. The contexts of plants were only indirectly covered through literature review. Thus, during this
research the author(s) obeyed the principles of the Convention on Biological Diversity and
the Convention on the Trade in Endangered Species of Wild Fauna and Flora.
(Optional) Research Involving Local Community Participants (Non-Indigenous)
The author(s) solemnly declare(s) that this research has not involved local community participants or
respondents belonging to non-Indigenous peoples. This study did not involve any child in any form
directly. The contexts of different humans, people, populations, men/women/children and ethnic people
are also indirectly covered through literature review. Therefore, an Ethical Clearance (from a Committee
or Authority) or prior informed consent (PIC) of the respondents or Self-Declaration in this regard does
not apply in cases of this study or written work.
ISSN 2564-212X | Journal of Policy & Governance| 04(01) June 2024
https://doi.org/10.33002/jpg040102
46
Md. Mahabub Ul Alam Khan, Rupa Nur, Md. Sulaeman
(Optional) PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses)
The author(s) has/have NOT complied with PRISMA standards. It is not relevant in case of this study or
written work.
Competing Interests/Conflict of Interest
Author(s) has/have no competing financial, professional, or personal interests from other parties or in
publishing this manuscript. There is no conflict of interest with the publisher or the editorial team or the
reviewers.
Attribution and Representation
All opinions and mistakes are the author(s)’ own and cannot be attributed to the institutions they
represent. The publisher is also not responsible either for such opinions and mistakes in the text or graphs
or images.
RIGHTS AND PERMISSIONS
Open Access. This article is licensed under a Creative Commons Attribution 4.0 International License, which
permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give
appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license,
and indicate if changes were made. The images or other third-party material in this article are included in the
article's Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not
included in the article's Creative Commons license and your intended use is not permitted by statutory
regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder.
To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/.
***
To see original copy of these declarations signed by Corresponding/First Author (on behalf of other co-
authors too), please download associated zip folder [Ethical Declarations] from the published Abstract
page accessible through and linked with the DOI: https://doi.org/10.33002/jpg040102.
.
