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  • Protection Of Human Rights
  • Protection Of Human Rights
  • International Human Rights
  • International Human Rights
  • Fundamental Human Rights
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  • Research Article
  • 10.2218/eslr.2026.6.1.10796
Advancing Equality: A Convention on the Rights of LGBTI Persons
  • Mar 16, 2026
  • Edinburgh Student Law Review
  • Ryan Conover

Over the past decade, notable progress has been made in advancing the rights of LGBTI individuals, with many states implementing monumental equality and anti-discrimination laws, including protections for transgender persons. These developments reflect a broader trend toward inclusion, largely driven by sustained advocacy at both national and international levels. Despite these achievements, significant regional disparities persist, and rising opposition in some areas underscores the fragility of these gains. The continued existence of state-sponsored homophobia and gaps in international legal protections indicate that progress is neither universal nor inevitable. As such, there is an urgent need for the UN to strengthen its efforts in clearly defining and enforcing the rights of LGBTI persons under international law. This paper explores the current basis for LGBTI rights in international human rights law, including the gaps in that basis. Subsequently, this paper examines instances of criminalization and discrimination, with a case study regarding the right to health, to explore the harms caused by these gaps. Ultimately, this paper explores a Convention on the Rights of LGBTI persons as an example of a potential model to advance discourse on broader protections for the community in international human rights law.

  • Research Article
  • 10.32996/ijlps.2026.8.3.3
Intensity of interference with authors' rights to manage their rights in Slovenian law - aspects of EU law and comparative legal aspects
  • Mar 12, 2026
  • International Journal of Law and Politics Studies
  • Eneja Drobez

The Directive 2014/26/EU introduced common rules on the management of CMOs, which strengthen the position of rightholders as members of these organizations and ensure their effective participation in decision-making. Ten years after its adoption, the European Commission is examining whether Member states have successfully implemented it, and its attention has also turned to Slovenia. The Commission emphasizes that the Slovenian legal framework still operates in a paternalistic manner and does not fully recognize authors' exclusive rights to their works, which is contrary to EU law. In this article, we will examine whether Slovenian legislation restricts rightholders more severly in the management of their rights than other Member States. We will explore the different forms of collective management, examine how Slovenian legislation takes them into account. Next, we will consider the copyright legislation in comparative law, in Austria, Germany and Croatia. In assessing the effectiveness of CMOs, this article limits itself to comparative legal aspects, which dictates the use of comparative legal research methods. The purpose of the article is to determine whether the Slovenian copyright law is a special case that warrants greater attention from the European Commission as in other MS. The article will contribute to the interpretation of the relationship between the European Commission and MS in determining infringements in the field of the implementation of EU copyright law.

  • Research Article
  • 10.59992/ijlrs.2026.v5n2p9
حقوق الطفل في الشريعة الإسلامية والمواثيق الدولية: حماية شاملة من المهد إلى الرشد
  • Feb 25, 2026
  • International Journal of Law Research and Studies
  • Nours Almalham

The research aimed to present children's rights in Islamic law and international conventions, with reference to the stages in which children's rights are declared and protected as comprehensive protection from cradle to adulthood. To achieve the research's objectives and goals, the descriptive-analytical approach and the comparative approach were adopted, given their suitability to the research topic and its context. Several Arab and foreign sources and references were consulted in preparing this research. A number of different conclusions were reached, the most prominent of which are: Islam, with its principles in the field of human rights and childcare, preceded positive legislation and international agreements, which emerged hundreds of years later, confirming in some of their foundations and principles what Islam affirmed long ago. The Universal Declaration of the Rights of the Child is a global achievement by the United Nations in the field of human rights in general, and children's rights in particular. However, this achievement does not mean it is the first of its kind in human history, as some jurists claim. Islam, as the study demonstrates, preceded this declaration and other international human rights conventions by many centuries. The researcher also presented a number of recommendations, the most important of which are: the necessity of continuing research and studies and holding seminars and conferences on the subject of children's rights, as it is an open forum for suggestions and efforts, and strengthening the status of children as persons with full rights in society, which instills in the souls of young people self-confidence and a sense that they are a respected entity whose rights are protected.

  • Research Article
  • 10.47577/tssj.v80i1.13462
Standardized Construction of Judicial Determination Rules for Trademark Rights Abuse
  • Feb 8, 2026
  • Technium Social Sciences Journal
  • Fei Gao

In the judicial practice of China, determining whether an act constitutes an abuse of trademark rights typically hinges on assessing whether the acquisition and exercise of such rights violate the principle of good faith or exceed legitimate limits as the fundamental criteria. However, this standard is highly abstract, making it susceptible to misuse during application, which in turn can lead to significant uncertainty in judicial outcomes. Moreover,In judicial rulings, it is typically impossible to directly apply the principle of prohibiting trademark rights abuse to determine specific legal consequences based on the facts of a case. Based on this, this paper aims to begin with the fundamental definition of abuse of rights, examine the manifestations of abuse of rights in the field of trademark law and the application of the principle of prohibiting abuse of rights in trademark law, introduce the method of dynamic system theory , identify the factors and weights that need to be considered in determining whether an exercise of rights constitutes abuse of rights, and draw on the Alexy principle theory to attempt to standardize the judicial determination rules of trademark rights abuse. It outlines and demonstrates a specific analysis framework and examination path that can be applied to individual cases, with the aim of providing useful reference for applying the principle of prohibiting abuse of rights to effectively regulate improper exercise of trademark rights.

  • Research Article
  • 10.36399/groundingsug.16.471
Addressing over-inclusiveness and under-inclusiveness of Patrick Macklem’s Sovereignty of Human Rights
  • Feb 5, 2026
  • Groundings Undergraduate
  • Lilliana Fan

The critiques of Macklem’s theory, particularly regarding its perceived over-inclusiveness, underscore the necessity of distinguishing “human rights in international law” from the narrower regime of IHRL. Macklem’s theory emphasizes the broader role of human rights across diverse areas of international law, where human rights principles play a significant yet distinct role. By addressing critiques that conflate these concepts, this essay has highlighted how Macklem’s legal conception of human rights enriches our understanding of their dynamic and multifaceted function within the international legal order. Moreover, recognizing the interplay between human rights and other areas of international law, my extended theory proposed in this essay not only mitigates the risk of fragmentation but affirms the adaptability and positive role of human rights in addressing the complexities of global justice.

  • Research Article
  • 10.58578/ahkam.v5i1.8877
Isu Gender dalam Reformasi Hukum Perkawinan di Negara-Negara Islam
  • Jan 20, 2026
  • AHKAM
  • Tengku Rizki Rahman + 3 more

Although marriage law reform in Muslim-majority countries has received sustained academic attention, studies that systematically classify reform trajectories based on the interaction between the legitimacy of sharīʿa, state authority, and gender justice remain relatively limited. This study aimed to analyze how Muslim states negotiate women’s rights in Islamic family law through different models of legal reform. Employing a qualitative, historical–comparative approach in legal studies, it examines statutory texts, judicial practice, and law reform policies in selected Muslim-majority jurisdictions. Data were obtained from primary legislation, court decisions, and authoritative secondary literature and were analyzed using comparative legal reasoning and thematic analysis. The findings identify three main reform models. The conservative–traditional model, evident in Saudi Arabia, Pakistan, and several Gulf states, maintains classical fiqh with minimal state intervention, thereby perpetuating hierarchical gender relations. The moderate–codificatory model, implemented in Egypt, Morocco, Jordan, and Indonesia, selectively modifies fiqh through state codification and judicial oversight, enabling incremental gender reform. The secular–progressive model, as exemplified by Turkey and Tunisia, reconstructs family law by discarding sharīʿa as the basis of state law, abolishing male guardianship, prohibiting polygamy, and institutionalizing more gender-equal forms of divorce. This study concludes that Islamic marriage law reform does not move linearly toward secularization but rather produces a spectrum of normative arrangements shaped by configurations of political authority, interpretive choices in law, and evolving gender discourses. These findings contribute to the development of comparative Islamic law theory and offer policy-relevant implications for the design and implementation of future family law reforms.

  • Research Article
  • 10.51601/ijse.v6i1.338
Responsibilities of Business Actors to Protect Human Rights in Business Law
  • Jan 16, 2026
  • International Journal of Science and Environment (IJSE)
  • Sharon Dwi Yanti

This study discusses the responsibilities of business actors for the protection of human rights (HAM) in the context of business law in Indonesia. The approach used is normative juridical, focusing on the study of laws and regulations, scientific literature, journals, and legal documents related to the responsibilities of business actors to consumers, workers, society, and the environment. Primary data includes regulations such as Law Number 8 of 1999 concerning Consumer Protection and Presidential Regulation Number 60 of 2023 concerning the National Strategy for Business and Human Rights, while secondary data is obtained from journals, books, and scientific articles. The analysis technique applied is qualitative descriptive to interpret regulations and practices for the implementation of human rights in business. The results of the study show that business actors have multidimensional responsibilities, ranging from consumer protection, workers' rights, to responsibility for society and the environment, including in the digital era. Although the legal framework already exists, implementation on the ground faces obstacles such as regulatory limitations, lack of understanding of business actors, weak supervision, and conflicts between economic interests and human rights. The role of the state is proven to be strategic through the drafting of regulations, the enforcement of administrative, civil, and criminal sanctions, the supervision of consumer protection institutions, and the strengthening of corporate governance. This study concludes that human rights protection in Indonesian business law is comprehensive, but its effectiveness requires synergy between business actors, the state, supervisory institutions, and the community. The suggestions include improving human rights education, strengthening oversight mechanisms, improving corporate governance, adapting regulations to the digital era, and multi-stakeholder collaboration to ensure fair and sustainable business practices.

  • Research Article
  • 10.59890/ijgsr.v3i12.113
Children's Rights in Afghanistan Law and the Convention on the Rights of the Child
  • Jan 7, 2026
  • International Journal of Global Sustainable Research
  • Asadullah Noori

Children in Afghanistan continue to face serious violations of their rights despite the existence of national laws and international commitments. The purpose of this study is to examine the legal framework for child rights in Afghanistan and identify gaps in implementation and protection mechanisms. A systematic literature review was conducted using peer-reviewed articles, international organization reports, and Afghan legal documents published between 1970 and 2024. Data were collected from sources including Google Scholar, Scopus, JSTOR, and official UN and government publications and analyzed thematically. The findings indicate that although Afghanistan has a comprehensive legal framework addressing child protection, juvenile justice, and labor rights, enforcement remains weak. Socio-cultural norms, poverty, insecurity, and limited institutional capacity hinder effective implementation. Strengthening enforcement, institutional coordination, and public awareness is essential to safeguard children’s rights

  • Research Article
  • 10.1017/aju.2025.10055
Equity, Human Rights, and the Quest for Coherence in Global Health Law
  • Jan 1, 2026
  • AJIL Unbound
  • Lisa Forman

The health crisis of COVID-19 has provoked a pivotal moment of global health law reform that comes against larger shifts against international law, democracy, and human rights. In this light, it is perhaps not surprising that state-led amendments to the International Health Regulations (IHR)—international law’s primary instrument governing state responses to public health crises—and a prospective Pandemic Agreement—designed to remedy the former’s defects—have shifted away from the language of human rights and toward the sweeping principle of equity. While these changes appear to herald an important normative and legal shift in international law, they also raise longer-standing questions about coherence and fragmentation in international law, and about the future of human rights within international law. In this essay, I first explore larger concerns around coherence and fragmentation in international law, and the practical manifestation of these threats in disparities in access to COVID-19 vaccines. Second, I consider the legal and political implications of the shift to equity in both instruments. I conclude by considering what this move may mean for coherence and human rights in international law.

  • Research Article
  • 10.70088/77jvka93
Legal Regulation of Discrimination in Artificial Intelligence Algorithms
  • Dec 31, 2025
  • GBP Proceedings Series
  • Peng Yue

With the advancement of information technology, artificial intelligence technology continues to accelerate its iteration, and algorithms are increasingly applied across nearly every industry. During their implementation, algorithmic discrimination inevitably arises due to subjective and objective factors such as the values of developers, data bias, unreasonable programming, and historical legacies. This discrimination violates the legal principle of equality for all and impedes the development of social fairness and justice. Algorithmic discrimination manifests primarily as gender discrimination, employment discrimination, price discrimination, age discrimination, and racial discrimination. Given the current legislative gaps in China regarding algorithmic discrimination, coupled with its covert and specialized nature, regulating it presents challenges such as unclear liability attribution and difficulties for victims in providing evidence. Therefore, to safeguard the healthy development of the artificial intelligence industry and protect citizens' lawful rights and interests from infringement, legal governance of algorithmic discrimination should be strengthened from four perspectives: the state, society, corporate, and individual levels. This requires strengthening supplementary legislation, exercising oversight authority, consciously mitigating the negative impacts of algorithmic discrimination, and cultivating citizens' awareness of their rights. These multifaceted approaches will advance the modernization of China's national governance system and capacity.

  • Research Article
  • 10.61132/nubuat.v2i4.1466
Kesetaraan Gender dalam Perspektif Agama di Indonesia
  • Dec 31, 2025
  • Nubuat : Jurnal Pendidikan Agama Kristen dan Katolik
  • Yanto Sandy Tjang

Gender equality in the religious sphere in Indonesia is a complex phenomenon, shaped by the interaction between theological doctrines, institutional practices, and the socio-cultural context of each tradition. This study employs a qualitative-descriptive approach through literature review to analyze six major religions in Indonesia: Catholicism, Protestantism, Islam, Hindu Dharma, Buddhism, and Confucianism. The analysis focuses on three main dimensions: theological perspectives regarding gender roles and positions, social changes influencing gender relations, and transformations in institutional structures and practices that support gender equality. The findings indicate that historically, women were often placed in subordinate positions due to patriarchal norms, although the core teachings of these religions contain egalitarian principles and recognition of women’s dignity. Contemporary transformations are reflected in the reinterpretation of religious texts and practices that promote gender equality: Catholicism emphasizes the recognition of women’s dignity within the clerical hierarchy; Protestantism opens opportunities for the ordination of female pastors; Islam reinterprets the principles of Qawwamun and family law rights; Balinese Hindu Dharma adjusts women’s roles in rituals and public spheres; Buddhism revives the bhikkhuni order within the sangha; and Confucianism modernizes the interpretation of Wu Lun and San Cong to emphasize mutual responsibilities between husband and wife. In conclusion, despite persistent patriarchal challenges, this study affirms that religion has the potential to act as an agent of social transformation promoting gender equality while maintaining the moral, spiritual, and traditional values distinctive to each tradition. These findings contribute significantly to academic literature, interfaith dialogue, and the development of more gender-inclusive policies.

  • Research Article
  • 10.24042/atjpi.v16i2.29714
Issues of Gender, Child Protection and Human Rights in Islamic Family Law in The Archipelago
  • Dec 29, 2025
  • Al-Tadzkiyyah: Jurnal Pendidikan Islam
  • Rendra Khaldun

In the idiom of the Islamic legal tradition, gender equality is a new problem (masā'ilmustahdatha). Gender equality is an issue that was not found in Islamic law until the 20th century. By the middle of the century, through the CEDAW convention, gender equality gained a clear international mandate. Many Muslim countries ratify CEDAW (except Iran, Somalia and Sudan). Although in fact, the ratification was accompanied by a reservation that spoke of tensions that have not been resolved until now, therefore the United Nations by echoing freedoms based on human rights and UNICEP echoing about the protection of children so that children get their rights in living life so that later they will not be marginalized, in Indonesia itself a law on child protection was formed that gives children legal power in all forms discrimination both in the family environment and in the community itself and in the end children are free to create without any bullying against them. In CEDAW, article 5 emphasizes eliminating all forms of discriminatory treatment in the private sphere, namely the family, which according to CEDAW is the most important and frequent place of injustice against women's human rights. Human rights (HAM) and Islamic family law have the same goal in protecting and guaranteeing the welfare of individuals and families. However, the way they are applied and interpreted can be different. The integration of human rights in Islamic family law includes the understanding that human rights principles, such as equality, freedom, and protection from discrimination, must be applied in the context of Islamic law. This understanding requires a balance between traditional norms and the demands of modern human rights.

  • Research Article
  • 10.23917/sosial.v6i2.12636
Maqashid Sharia Analysis on Personal Data Protection from the Dangers of Artificial Intelligence Misuse
  • Dec 26, 2025
  • Jurnal Penelitian Ilmu-Ilmu Sosial
  • Achmad Miftah Farid + 2 more

This study examines the use of AI from the perspective of prophetic law, with an emphasis on the values of justice, benefit, and equality of rights in Islamic law, based on maqashid sharia, with the intention of protecting personal data from the uncontrolled use of AI. Additionally, it highlights the role of community organizations, particularly Muhammadiyah, in providing education and advocacy related to the protection of personal data in accordance with progressive Islamic values. The socio-legal method enabled a comprehensive analysis of the social impact and legal regulations on the protection of personal data in the context of the rapid development of AI. The results of the analysis of legal facts and empirical information show that the uncontrolled use of AI is detrimental to society. The misuse of AI has been linked to several personal data leakage issues in various countries. The integration of Islamic values, based on maqashid sharia, into data protection policies is crucial for preventing the unethical exploitation of technology and ensuring that innovation remains within the benefit of the ummah. Personal data protection is intended to maintain digital ethics based on hifzun-nafs (protection of life), hifdzul-‘aql (protection of reason), and hifdzul-‘ird (protection of honor), which can provide moral and ethical justification for the development of more humanized personal data regulations in the AI era.

  • Research Article
  • 10.30659/picldpw.v4i0.50219
The Basis of Evidence for Land Rights in Agrarian Law Based on UUPA In the View of Legal Philosophy (Law Philosophy Course Assignment)
  • Dec 26, 2025
  • Proceeding of International Conference on The Law Development For Public Welfare
  • Mega Tri Astuti

In Indonesia, the law of land plays a major role in shaping the legal landscape. Land is a primary source of livelihood and sustenance for individuals and communities, making it a fundamental human need. The belief in the immense value and usefulness of land for human life is deeply ingrained, leading to the inseparable connection between land and humans. Philosophy of law provides the perspective that justice is realized through law. Humans live, grow, and conduct their activities on land, which serves as a social symbol within society. Ownership of land signifies honor, pride, and personal success. Therefore, land ownership becomes a source of life, a symbol of identity, the right to honor and dignity for its holders. This necessitates the regulation of land registration as an implementation of ownership rights over land. Due to the economic value of land, land ownership rights can be traded or transferred through grants, sales, inheritance, and other means. Land ownership is the most privileged right compared to other land rights. The transfer of land rights contained and regulated in the Basic Agrarian Law (UUPA) protects the true right holders, meaning individuals who acquire a right in good faith from someone presumed to be the rightful owner. This principle is used to provide evidentiary weight to maps and public registers as stipulated in the UUPA. In this article, we will analyze land ownership rights under the UUPA.

  • Research Article
  • 10.65586/insani.v1i2.57
Negotiating Women's Reproductive Rights Within the Framework of Islamic Law
  • Dec 10, 2025
  • Insani: Jurnal Pranata Sosial Hukum Islam
  • Ahmed Abdel Fattah + 4 more

Negotiations over women's reproductive rights become an epistemological and ethical arena that brings together bodily authority, taklīf constructions, and interpretative struggles between the protection of human dignity and reproduction as a locus of normative control within the family institution. The purpose of this study is to comprehensively analyse the negotiation of women's reproductive rights within the framework of Islamic law, using an integrative approach that connects normative, institutional, and social-experience dimensions. This study uses a qualitative approach with a socio-legal and critical hermeneutic design, as its focus lies not only on fiqh norms as texts but also on the dynamics of social practices and power relations that shape women's experiences as legal subjects. The results confirm that the negotiation of women's reproductive rights in Islamic law is, in fact, the most tangible test of fiqh's capacity to remain a liberating ethic of life, rather than merely a device for controlling women's bodies. When classical concepts such as qiwāmah, tamkīn, and ḥaqq al-istimtāʿcontinue to be upheld without a critical reading of maqasid, fiqh risks becoming frozen into a legitimisation of patriarchal domination. Conversely, when riḍā, lā ḍarar wa-lā ḍirār, and ḥifẓ al-nafs are placed at the centre of ijtihād, Islamic law can emerge as a moral system that protects women's dignity and safety without undermining the institution of the family.

  • Research Article
  • 10.55677/ijssers/v05i12y2025-02
The Position of Maternity Rights for Female Workers in Law Number 13 of 2003 Concerning Labour in the City of Ternate
  • Dec 9, 2025
  • INTERNATIONAL JOURNAL OF SOCIAL SCIENCE AND EDUCATION RESEARCH STUDIES
  • Nur Ida + 2 more

This study examines the position of women’s maternity rights in Law No. 13 of 2003 concerning Manpower (Case Study of the Ternate City Manpower Office). Maternity rights are human rights specifically possessed by women due to their reproductive abilities, such as menstruation, pregnancy, childbirth, and breastfeeding. Therefore, the responsibility to fulfil and protect maternity rights is the duty of all parties, especially the government. This study uses empirical research methods with a descriptive approach. Primary data was obtained directly from the Ternate City Manpower Office, as well as secondary data which included interviews with relevant parties and document studies such as Law No. 13 of 2003. Data collection techniques included in-depth interviews and participatory observation. The collected data was then analysed descriptively to describe the position of female workers’ maternity rights and identify existing obstacles. The results of this study are expected to provide a better understanding of the position of maternity rights and provide input for the Ternate City Manpower Office and related parties to improve professionalism in the workplace for female workers.

  • Research Article
  • 10.1002/iir.70025
Critical analysis of the practice of insolvency in Ethiopia in protecting creditors' interests: A good law buried in institutional dysfunction
  • Dec 9, 2025
  • International Insolvency Review
  • Samuel Biresaw + 1 more

Abstract Insolvency law is one of the mechanisms uniformly used by nations to protect creditors from the ex post risk of non‐payment of their debts emanating from the debtors' insolvency. With the substantial increase in the risk of creditors during insolvency, stronger protection should be accorded to creditors' interests. The complete protection of creditors' interests during insolvency requires not only the safeguarding of creditors' rights in insolvency law but also the correct interpretation and application of the law by insolvency courts, as well as the efficient execution of court decisions resolving the debtor's affairs and guaranteeing creditors' rights to recover their debts. This study, for the first time, evaluates whether the practice of insolvency in Ethiopia effectively protects creditors' interests by critically analysing qualitative interview data and a 25‐year dataset of insolvency court decisions. The study highlights that the practice of insolvency in Ethiopia is inadequate in protecting creditors' interests due to the entrenched deficiencies in the country's institutional and procedural mechanisms, which hinder the correct interpretation and implementation of the law and the execution of court decisions on the ground to protect creditors' interests. There is also a considerable misalignment with international best practices in insolvency applications. Accordingly, the study proposes solutions and reforms (both legal and institutional) to eradicate or mitigate the deficiencies in insolvency practice in Ethiopia, thereby enhancing the protection of creditors' interests.

  • Research Article
  • 10.7256/2454-0706.2025.12.76787
The pledge of digital rights in Russian civil law: issues of ensuring the principles of speciality and publicity, as well as forced enforcement under the controlling role of information system operators (ISOs)
  • Dec 1, 2025
  • Право и политика
  • Vladislav Evgenievich Lobashchuk

This study is devoted to a comprehensive analysis of the legal nature of digital rights as a subject of pledge relations, formed in the context of the all-encompassing digitalization of property turnover. The subject of the research is the legal characterization of digital rights in the context of their use as an object of pledge, as well as the specifics of their turnover and the securing of obligation performance in the digital environment. The object of the study is the current regulatory legal framework governing the institution of the pledge of digital rights, including issues of establishment, accounting, and enforcement of encumbered digital rights within enforcement proceedings. The main task of the research is to identify and systematize key problems and gaps in the current civil legislation regulating the pledge of digital rights, as well as to formulate proposals aimed at creating a stable and transparent mechanism of pledge security within the digital economy. The purpose of the study is to conduct a comprehensive examination and resolution of problematic issues related to the legal nature, establishment, registration, and enforcement of the pledge of digital rights under Russian civil law, as well as to develop theoretically grounded proposals for improving the corresponding legal regulation. Special attention is paid to the analysis of the transformation of the principles of specificity and publicity of the pledge of digital rights, as well as the role of information system operators (ISOs) as the actual administrators of pledge encumbrances. The methodological basis of the study is founded on the interrelated application of general scientific, specialized scientific (comparative legal and formal-legal), and practical (modeling) research methods. The scientific novelty of the work lies in substantiating the position of the independent legal nature of digital rights, the value of which is formed not only through the «obligation content» but also through technological control over the «digital record». The author substantiates the necessity of creating a unified public register of digital rights to ensure transparency and stability of digital turnover, to define the status of information system operators (ISOs), as well as the introduction of elements of a controlled electronic records system (CERs). The study demonstrates that the current regulatory legal framework does not provide mechanisms for the public identification of digital rights, which prevents the enforcement of pledges of digital rights. Furthermore, the need for a special procedure for monetizing digital rights in enforcement proceedings is argued, involving the formalization of rules for their valuation and the procedures for their implementation.

  • Research Article
  • 10.17576/juum-2025-3502-04
Legal Vulnerabilities in Non-Marital Relationships
  • Nov 30, 2025
  • Jurnal Undang-undang dan Masyarakat
  • Mohammad Irfan Inzaghi Mohammad Joehari + 2 more

Non-marital cohabitation is prohibited under Syariah law and receives no legal recognition under the civil legal framework in Malaysia. Despite this, such relationships continue to occur, particularly among younger individuals navigating socio-economic pressures and barriers to marriage. The illegality and lack of formal status leave those involved, especially women and children, highly vulnerable to exploitation, abandonment and loss of economic security. Domestic labour, caregiving and financial sacrifices made in reliance on the relationship are not enforceable as rights in law, resulting in significant disadvantages upon relationship breakdown. Children born from these unlawful relationships face further uncertainty in matters of lineage, inheritance and identity, leading to long-term social stigma and limited access to welfare support. Current judicial remedies through equitable doctrines remain inconsistent and inaccessible to many affected individuals. This paper argues that limited protective measures grounded in the principles of Maqasid al-Syariah including classical perspectives of the four Sunni Schools of Thought and their emphasis on hifz al-nasl, hifz al-mal and hifz al-‘ird and constitutional commitments to justice are necessary to prevent unjust deprivation. The aim is not to legitimise or normalise prohibited conduct, but to ensure that individuals are not denied essential protection from harm. A preventive and welfare-oriented approach can strengthen the justice system’s credibility by demonstrating that safeguarding human dignity is paramount, ev en when moral norms are breached.

  • Research Article
  • 10.31548/law/4.2025.115
Children’s rights in Islamic Sharia and international instruments: An analytical approach to ethical and legislative values
  • Nov 27, 2025
  • Law. Human. Environment
  • Musa Musa El-Said Dzhabara + 3 more

This study provided a comparative analysis of the ethical and legislative frameworks governing children’s rights in Islamic Sharia and international law, using the cases of three countries with distinct legal models: Kyrgyzstan, Egypt, and Malaysia. The aim of the research was to identify the systemic gap between normative dec- larations and the practical implementation of child protection in Muslim-majority societies. The study employed a qualitative methodology, including comparative analysis of international conventions, na- tional legislation, doctrinal sources of Islamic law, and reports by international organisations. The find- ings demonstrated that Islamic doctrine – particularly through the prism of the higher objectives of Sha- ria (Maqasid al-Sharia) – offers a strong conceptual foundation for the protection of children’s rights. At the same time, case study analysis revealed that the key obstacles to their realisation are legal pluralism (Kyrgyzstan); jurisdictional conflicts in dual legal systems (Malaysia); and enforcement difficulties even in codified systems (Egypt), especially in the fight against child marriage. Across all cases, the most vulnerable party is the girl child, whose rights to education, health, and free choice are often neglected. It was established that effective child protection requires not a mere replication of international stand- ards, but the development of integrated strategies that harmonise secular legislation with correct inter- pretations of Sharia, engage religious leaders in promoting humanistic interpretations, and aim at trans- forming deeply rooted social attitudes. Research results may be used by legislative bodies to harmonise national laws with international standards, as well as by law enforcement and judicial authorities

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