Reconciliation between the Islamic Human Rights and International Law: Prospects and Complications

ُُSiamak Karamzadeh | Masoud Alizadeh

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URL :   http://research.shahed.ac.ir/WSR/WebPages/Report/PaperView.aspx?PaperID=137151
Date :  2019/09/07
Publish in :    International Journal of Multicultural and Multireligious Understanding

Link :   https://ijmmu.com/index.php/ijmmu/article/view/1157
Keywords :Human Dignity; Human Rights; Individual Rights; Islamic Human Rights; International Law

Abstract :

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The relationship between International Human Rights and Islamic Law has been always an arguable debate at the international level. This issue can be considered by jurists in two aspects. First, from National Law perspective, especially in the countries in which the law, to some extent is affected by Islamic rules. Second, by view of International Law to see that to what extent, there would be compatibility or likely contradiction between human rights norms and Islamic Law. Considering the historical aspect of the issue, this article is suggesting that although from the outset, International Law tried to separate religion from policy, but this historical fact would not prevent theoretical conciliation between religion and Human Rights rules. The review of the content of International Human Rights Law reveals that the rules in the systems in most part are compatible. However, in some cases the incompatibility between these two group pf rules is observed. The existence of different basis under Islamic Law and International Law makes the least difference unavoidable. The constant dialogue between Islamic scholars and publicists can decrease this difference in future.