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    CONTENT

    I. Introduction

    II. Overall Controversial and debate over UDHR and UDHRI

    III. UDHR and UDHRI in common perspectives

    IV. UDHR and UDHRI differences perspectives

    V. Case Study Lina Joys case

    VI. Student Recommendation

    VII. Conclusion

    I. Introduction

    Human Rights were respected and practiced almost of the countries around

    the world, but it was not very much in a few Muslim countries as have been

    seen for real. That was why we have the 2 declarations UDHR and UDHRI

    has surely stated somewhat differences concepts and point of view. In this

    context, UDHR has created and adopted in Western countries but UDHRI in

    Muslim countries.

    The main aim of UDHR is wanted to promote peace, common understanding

    and justice thru out the world; yet, UDHRI has contradicted it and wanted to

    revise on UDHR 1948 somehow. As has already stated by the president of

    United States Mr. Roossevelt" freedom of want, freedom of hunger, freedom

    from fear and war"

    Since the 2 declaration had not been agreed each somehow because of

    different cultures, tradition and religion, so Muslim countries appose to alter

    some laws; yet, it was lead no result at the end in order to revise the UDHR.

    The UDHRI establishes the haria law as "the only source of reference" for the

    protection.

    II. Overall Controversial and debate over UDHR and UDHRI

    The UDHR is a Western secular concept of Judeco - Christian origin, in

    compatible with the Sacred Islamic Sharia.

    For the past decades the United Nations have promote Human Rights and

    prevention of discrimination and protect of Minorities.

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    Organization of Islamic Conference has spent a haft of million dollars to

    conduct a seminar to talk about the REVISION of the 1948 UDHR, but it has

    achieved no result since this law has already put into forced as well as

    recognition by internationally.

    The UDHR is among the best known and most widely cited, both by

    government and civil society.

    In this context, one should not forget the clear provisions contained in Article

    29 of the UDHR:

    Everyone has duties to the community in which alone the free and full development of his personality is

    possible.

    2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are

    determined by law solely for the purpose of security due recognition and respect for the rights and

    freedoms of others and of meeting the justice requirement of morality, public order and the general

    welfare in a democratic society.

    3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the

    United Nations.

    The corpus of international instruments of human rights adopted since 1948

    constitutes a sufficiently flexible framework for their full implementation in all

    religions and countries in the world, provided the political will exists.

    The preamble of the UDHR begins with the words: "Whereas recognition of

    the inherent dignity and of the equal and inalienable rights of all members of

    the human family is the foundation of freedom, justice and peace in the

    world."

    This idea is reiterated in Article 1: "All human beings are born free and equal

    indignity and rights."

    Therefore, any future "compromises" on the UDHR based upon the

    proclaimed differences in culture, traditions, religion or socio-economic

    customs rather that leading to peaceful recognition could, however worthy

    the intentions, insert uneven cobblestones, this paving new paths of

    uncertainty in the coming century of the international community and all

    peoples of the world.

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    III. UDHR and UDHRI in common perspectives

    As long as I have read thru I have found a lot of articles have stated the same

    words and somewhat different meaning. Since I am the student, I have no

    obligation to define laws but interpret, so I just to decide to take words to

    compare the 2 laws UDHR and UDHRI hereafter.

    In article 1 UDHR has stated the word equal and dignity, whereas in UDHRI

    the same article 1 has also mention the same 2 words "All human beings are

    born equal in dignity" and "All men are equal in term of basic human dignity".

    To me, I have considered it is the same in meaning.

    Article 1 under UDHRI has mention "All men are equal in term of basic human

    dignity and basic obligations and responsibilities, without any discrimination

    on the grounds of race, colour, language, sex, religions belief, political

    affiliation, social status, or other consideration. It is pretty much the same

    meaning in Article 2 under UDHR "Every one is entitled to all the rights and

    freedoms set forth in this Declaration, without distinction of any kind, such as

    race, colour, sex, language, religion, political or other opinion, national, social

    origin".

    All in all, I just would like to declare that even if UDHR and UDHRI were

    established cultures, traditions and religions but somehow they do have

    something in common. I do believe that both laws have been long wanted to

    promote peace and justice in the same principles.

    IV. UDHR and UDHRI differences perspectives

    We have clearly seen that the UDHR and UDHRI are different words already

    by adding letter I is meant ISLAM. UDHR has created and adopted in

    Western countries; however, UDHRI had established and adopted in Muslim

    countries. UDRH is Christian concepts and ideologies, but UDHRI is Islam

    concepts and ideologies within Sharia Islamic law.

    UDHR was created since 1948; yet, UDHRI was just established 1990.

    Most of the countries around the world had adopted and rectified United

    Nations Charter, Covenant, and International Bill of Human Rights and

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    UDHR.

    However, UDHRI were applied and practiced only a few Islamic countries for

    the sack of their own Islam countries interests only. The UDHRI was not as

    broaden and meaningful as UDHR as I can tell.

    As the matter of fact, there were 30 articles in UDHR whereas UDHRI had

    consisted only 25 articles totally. This is the majority differences.

    The huge different are article 24 and 25 in UDHRI. As you well know, UDHR

    is English but HDHRI is Arabic versions so it is difference both meaning

    concepts. Each conveying a somewhat different message; nonetheless,

    Article 24 and 25 in the English version of the UDHRI are very precisely and

    leave no doubt as to the overall meaning:

    Article 24: All the rights and freedoms stipulated in this Declaration are

    subject to the Islamic Sharia.

    Article 25: The Islamic Shara is the only source of reference for the

    explanation or clarification of any the article of this Declaration.

    For these 2 articles, as I have already and clearly mention above that the

    UDHRI has used only Muslim religion and/or Islamic countries, and we have

    never seen in HDHRI because of the fact that they only stated Sharia which

    are Islamic law.

    Article 6: UDHRI

    a. Woman is equal to man in human dignity, and has right to enjoy as well as duties to perform; she has

    her own civil entity and financial independence, and the right to retain her name and lineage.

    b. The husband is responsible for the support and welfare of the family.

    If we look at article 6 closely, we are able to see article 6 under UDHRI man and

    woman are not finitely equal. As stated that the husband is responsible for he

    support and welfare of the family, it is meant that husband has more burden and

    responsibilities by responsible and support the family. What if the husband has

    no or less education and for real the job market is really tight for man. Do they

    still handle this obligation? .For example, there are a lot job for women and those

    job make a lot of money do they have no obligation to feed the family. This

    concepts principle is totally different from UDHR. The UDHR dont really care

    who will responsible or support the family as long as married, they share thing

    together regardless easy or hard job. For this article they put heavily

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    responsibility to the husband but not the wife.

    Article 19: UDHRI

    There shall be no crime or punishment except as provided for the Shariah.

    Look at this article 19 under UDHRI. It is ridiculer, if human commit crime and

    this crime will be punished by criminal law, if GOD said no crime by Sharia, they

    will not punish even if it was really crime act.

    Article 5: UDHRI

    The family is the foundation of society, and marriage is the basis of its formation. Men and women have

    the right to marriage, and no restrictions stemming from race, color or nationality shall prevent them

    from enjoying this right.

    For article 5 under UDHRI has prohibited to impose any restriction on marriage

    stemming from "race, colour or nationality" it is meant that men and women may

    be prevented from marrying on the basis of their religion.

    In spite of the self-evident contradiction with the UDHR, the UDHRI was

    published in December 1997 by the Office of the High Commissioner for Human

    Rights in Volume II of International Instruments, which would seem to give it a

    certain authority, even if the sub-title refers to Regional Instruments, whereas the

    sub-title of Volume I (in two parts) is Universal Instruments.

    V. Case Study Lina Joys case

    Lina Joy was born in Muslim family and her original name was Azalina Binti

    Jailani. She applied to change her name at NRD on February 21, 1997 from

    Islam name to Christian name in order to marry her boy friend was Christianity.

    She was rejected by NRD without ground on August 11, 1997. She applied again

    on March 15, 1999. She received no replied and she went to follow her

    application on July, 1999. She was told that because her ID did not state religion.

    They also confirmed that she should avoid problem. She should not be changed

    her name and Muslim religion. They added that Muslim religion mush be stated in ID.

    They advised her to submit further statutory declaration. She submitted another

    application on March 15, 1999 with refer to a new statutory declaration shown on

    February 8, 1999.

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    She finally approved to change her name to Lina Joy but not her religion on ID.

    Her new ID with new name but Muslim religion remained the same. With her new

    ID, it made her worse and worse than the original one which was hated by her

    country, government and community.

    The Malaysian government has established a legitimate interest to deny her by

    not changing her ID. On article 18, UDHR has stated "Everyone has the right to

    freedom of thought, conscience and RELIGON; this right included freedom to

    change his religion or belief, and freedom, either alone or in community with

    others and in public or private, to manifest his religion or belief in teaching,

    practice, worship and observance.

    Based on Article 18, the Malaysian government has completely violated UDHR.

    The Malaysian should amend or adopt any UN Charters, Covenant, ICCPR or

    UDHR since those laws wanted to promoted peace and respect human rights

    thru the globe.

    VI. Student Recommendation

    I personally think that traditions, cultures, and religions may not be the same, but

    human being is definitely the same. Therefore, we should not discriminate each

    other since UDHR in the aim of promoting peace and respect human right. The

    reason we have war terror now because we misunderstand what GOD want in

    this planate. I do think that we have only one GOD for us either you are Christian,

    Muslim or Buddish, but we, each and every one of nation have considered your

    GOD is superior and other inferior.

    VII.Conclusion

    There were some the same and some are different between the law of UDHR

    and UDHRI as far as I confirmed thru out my study. However, UDHR has

    broadened concepts than UDHRI as can be seen. I do know that we have the

    same GOD but people just think differently so it is their choices anyway. All

    religions regarding Jusus, Buddish, Christian, Muslim and so on, they have

    taught us to be good person, to be love, to be peace in the world. The reason we

    have the sophisticate conflict up to this day because of the fact that they do

    misunderstanding of each other so the war on terror keep going. I firmly believe

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    and I have a dream that one day we will be in ONE as UDHR have tried very

    hard nowadays to promote peace thru out the world.

    POSTED BY JOHN SE AT 9 : 10 PM

    http://hrstudentinteraction.blogspot.com/2007/09/comparative-and-analysis-of-udhr-and.htmlhttp://hrstudentinteraction.blogspot.com/2007/09/comparative-and-analysis-of-udhr-and.html