الموازنة بين النظام الإسلامي والقانون الدولي في مبدئي حقوق الإنسان والسيادة

Abstract

Islamic law stipulated the principles which regulate the relations between Individuals within their countries and externally with the other countries. These principles include the principles of human rights and international sovereignty. This study tackles the idea of establishing the balance between the Islamic system and international law by identifying their similarities and differences within the framework of the principles of both the human rights and the sovereignty. The study aimed to identify the rich Islamic rules in the field of international relations, clarify the concept of human rights and the theory of sovereignty in the Islamic system and international law, highlight the rules of the Islamic system in this area, and prove the complementarities and convergence, as well as difference and similarity with international law. The researcher adopted the descriptive analytical method to give a full description of the two principles of human rights and sovereignty in the Islamic system and international law. He concluded with the most important results that the Islamic system has the lead in the adoption of these principles and abidance by them, before the international law. The Islamic system is like international law in the context of human rights and the need to protect them and the implications of rights in general international law, both at the levels of political, economic, social or cultural rights. The only difference lies in the fact that the Islamic system emanates from the rules of Islamic sharia’s teachings and values whereas the international law considers the society the source of rights. As to sovereignty, the study confirmed that the theory of sovereignty is well known in the Islamic system, and that this principle represents one of the basic rules organizing relations between individuals and states equally, but the difference lies in the frame of reference of the Islamic system and the International law. In the Islamic system, the organizing rules refer to the Islamic Shariah whereas in the International law, there is relation between religion with those rules.