Human Rights Between Liberal Individualism and Islamic Maqāṣid: A Critical Study on Ontology, Universality, and the Reformation of Reality

Engineering notes

Key topics: autonomous driving. See the paper for implementation details and experimental results.

Chinese explanation / 中文解读

中文解读待补充：本站会优先为端到端自动驾驶、BEV感知、3D目标检测、轨迹预测、路径规划、LiDAR感知等高价值论文补充中文说明。

Original abstract

AbstractThis article argues that a structural gap exists between the theoretical ideals and the practical applications of human rights discourse. The problem of the research is the scrutiny of the ontological void and epistemological rupture caused by the modern paradigm, which isolates the intellect from its metaphysical roots and severes its connection with the transcendent, and the identification of the possibilities that the Islamic intellectual tradition can offer in the rectification of this crisis. Inductive and analytical methods have been followed in the study. In this framework, the philosophical components of modern discourse have been scrutinized, and the constitutive potential of the concepts of primordial nature and ontological-legal personhood "adamiyyah", which serve as objective grounds for rights, has been analyzed. In the context of the critique of the Western-centric human rights discourse, the conceptual hegemony inherent in the claim of universality is deconstructed, and a philosophical and legal critique is presented against the understanding that positions man as an absolute lawgiver detached from transcendent references, thereby rendering him both the source and the basis of legitimacy of rights. In the study, in order to transcend the individualistic theory of rights put forth by the individual-centric liberal understanding abstracted from transcendent references, a model of responsible freedom is proposed, which defines freedom not as a realm of unlimited arbitrariness, but as a moral authority bound by the consciousness of divine trust “Amānah”. The study has revealed that the ideal human rights discourse can be reached not by merely comparing Islamic legal thought with modern achievements, but rather through an inclusive humanitarian vision that transcends Western-centrism. This process necessitates a dialogue centered on Islamic experience and the adoption of the objectives of the Sharīʿa as the basis in the definition of human benefit. Thus, a universal, consistent, and inclusive discourse of rights can be constructed.Keywords: Islamic Law, Human Rights, Universality, Maqāṣid al-Sharīʿah, Western-centrism.

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