A Comparative Analysis of the Role of Legal Philosophy in the Development of Human Rights in Western and Islamic Schools of Thought

Abstract

This article provides a comparative analysis of the role of legal philosophy in the development of human rights within Western and Islamic intellectual traditions. The study begins by defining and conceptualizing legal philosophy in both schools, followed by an examination of their historical roots and theoretical foundations. The impact of legal philosophy on human rights development in both traditions is analyzed, including the Enlightenment's influence in the West and the role of Sharia and Ijtihad in Islam. In the comparative section, similarities and differences in legal philosophy between the two schools are highlighted, focusing on the role of the individual and society, the influence of cultural and social factors, and the role of international and Islamic institutions in advancing human rights. The findings reveal that both traditions, despite their fundamental differences, have contributed to the development of human rights from distinct perspectives. These differences and similarities can enhance international cultural and legal interactions and improve legal policy-making at various levels.