Animal Protection Theory in U.S. and Islamic Law: a Comparative Analysis with a Human Rights Twist

Abstract

Across geographically diverse Muslim-majority countries, nascent animal welfare movements have recently emerged, culminating in litigation in some instances and calls for legal reform in others. While Islamic legal precepts are often erroneously characterized as conflicting with Western legal ideals, this article highlights their compatibility vis-à-vis a descriptive, comparative and normative analysis of animal protection theory in both U.S. and Islamic legal theory. Moreover, this article argues that the Islamic legal duty to respect, protect and care for animals helps underscore the heightened legal duty to fellow human beings. To that end, it discusses the human rights implications of animal protection theory in Islamic law in relation to chronic maladies in some Muslim-majority societies, such as the unlawful deprivation of life, violence against women, children and religious minorities and mistreatment of the disabled. This article thereby offers a more expansive and necessary gleaning of the Islamic legal principles surrounding animal welfare and protection theory.