Identifying Possible Mechanisms within Islamic Law for the Promotion and Protection of Human Rights in Muslim States

Abstract

The fact that human rights should be implemented within the domestic legal framework of individual States is trite. Most of the commentaries on international human rights and Islamic law have, however, been substantially theoretical without much focus on the possible means for the realisation of the practical implementation of human rights within the context of Islamic law in Muslim States. While theoretical analyses are very useful for understanding the relationship between human rights and Islamic law, there is equally an important need to identify possible mechanisms within Islamic law for the realisation of the practical implementation of international human rights in the domestic forum of Muslim States that apply Islamic law or aspects of it. This article aims to address that need by identifying and recommending specific procedures for the promotion and protection of human rights to encourage the practical implementation of international human rights in Muslim States.