Human Rights in Bangladesh in Light of The Five Objectives of Islamic Law: A Critical Analytical Study

Abstract

This article critically examines the trajectory of human rights in Bangladesh from its independence in 1971 to the present through the analytical framework of the five objectives of Islamic law (maqāṣid al-sharīʿah): protection of religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), intellect (ḥifẓ al-ʿaql), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Bangladesh has constitutionally enshrined fundamental rights and acceded to major international human rights treaties, including the ICCPR and CEDAW. Nevertheless, a persistent gap remains between formal legal commitments and their practical realization, particularly in areas related to civil liberties, governance, and family law. Adopting a qualitative critical-analytical methodology, this study integrates international human rights law with a maqāṣid-based ethical evaluation in order to assess both normative alignment and practical tensions. Drawing on constitutional texts, international treaties, human rights reports, development indicators, and classical as well as contemporary Islamic jurisprudential sources, the analysis demonstrates that Bangladesh has achieved notable progress in socio-economic domains such as health, education, and poverty reduction. These advancements reflect partial fulfillment of the objectives of protecting life and property. However, enduring challenges remain with respect to freedom of expression, judicial accountability, protection of women and children, and the politicization of legal and security institutions, which undermine the comprehensive realization of maqāṣid al-sharīʿah. The article argues that maqāṣid al-sharīʿah provides a coherent and culturally resonant normative framework capable of contextualizing human rights discourse within Muslim-majority societies without rejecting international standards. Rather than serving as a defensive or apologetic construct, the maqāṣid framework functions as an internal ethical criterion for critique, reform, and moral accountability. The study concludes by advocating an integrative maqāṣid-oriented reform paradigm that bridges Islamic ethical objectives and international human rights norms, thereby enhancing both the legitimacy and effectiveness of human rights reforms in Bangladesh and comparable contexts.