Islamic Law

This paper advances a framework for the evaluation of Sharia (Islamic law) with respect to the modern notion of international human rights law. The paper argues that certain universal standards of human rights and freedoms, as understood and formulated in international human rights documents, lack precise equivalents in Islamic law, and some generally-accepted principles of Sharia contradict corresponding principles of international human rights law. Sharia's response to the idea of human rights and traditional interpretation of Islamic law are hard to reconcile with international human rights norms and standards. It is also argued that the application of Sharia, public and criminal law in particular, is problematic and results in deficiencies and hardship in Muslim societies. This paper contributes to the debate on Islamic reformism and human rights in arguing that Sharia's contradiction of universal human rights norms cannot be avoided, and that traditional mechanisms of reform within the framework of Sharia are inadequate for achieving the necessary degree of reform. It is suggested that, based on a cross-cultural dialogue and intellectual debate, an essential and primary reform should define the objective foundations of human rights in reason and human dignity, not on Sharia criteria and qualifications.

International Human rights, especially women rights, in today's world is one of the main challenges of the Islamic world with International Law. In fact, one of the great allegation against Islam is about the violation of women rights in Islamic law. This is while in Islam, Human – even man or woman- is considered equal by specification of the verses of the Qur'an like” Surely the most noble of you in the sight of Allah is the most righteous among you” (al-hujurat/13). Islam however also recognizes that such equality does not mean that men and women are the same. It notes their different physical and emotional strengths and in view of this sets out their key roles in life. In this framework, the purpose of this article is to assess the misinterpretations of international women rights about some Islamic views toward women rights. This article’s objective is to highlight connections between the basic tenets of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the nature of Islam-based reservations. Also, it assess the question of the compatibility of the Sharia with modern international human rights law. Because it is a subject of enormous complexity and variation, detailed examination is restricted to two highly contentious subjects of Islamic family law – polygamy and the Divorce within Islam. The results show that the dispute between Islam and the West over human rights is not a conflict in dialectics but of perspectives, So that Islamic doctrines are compatible with modem norms regarding human rights. Likewise, the divergence between these two worlds are not fundamental clash, but actually the disagreement can be viewed as a cultural dialogue.

This research article examines legal discrimination against children born out of wedlock in Iran. Despite laws promoting equality, societal attitudes influenced by beliefs continue to result in discrimination. The study explores the reconciliation of religious beliefs with legal frameworks and the changes made to the Iranian legal system in response to positive human rights developments. The Article seeks to bridge the research gaps by comparing the experiences of Iranian children with those in other countries affected by Islamic law. The study employs library sources and descriptive and historical research methods to examine the legal status of children born outside of marriage, both nationally and internationally, and the discrimination they face. The Article is structured into four distinct sections: an analysis of Islamic Law, a review of the Iranian legal system, an assessment of Iran's compliance with international conventions, and a discourse on the necessity of substantial positive change. The Article ultimately recommends the eradication of discrimination through heightened awareness and the advancement of inclusivity for all children, irrespective of their lineage. In summary, this research Article aims to shed light on legal challenges faced by children born outside of marriage in Iran, with the goal of promoting positive changes in their treatment.

The Qur’an is the most fundamental and authentic source of the Islamic law ( sharīʿah ) and the primary reference for attaining the principles of Islam among all Muslims. Throughout the history of Islamic civilization, scholars have derived answers to many of their religious questions on diverse issues from the noble verses of the Qur’an. Within this framework, the Qur’anic verses have also served as the primary fountainhead of fiqh (Islamic jurisprudence), guiding the practical lives of devout Muslims. Nevertheless, it appears that certain opinions expressed in the corpus of fiqh literature are not fully aligned with the recommendations and guidance offered in the Qur’an. One such area of tension concerns the Qur’an’s proposed model for dealing with those who show disrespect toward religious sanctities, which seems to be inconsistent with the prevailing jurisprudential approach. In view of the importance of this issue, the present study adopts a problem-oriented approach and employs a descriptive-analytical method. It first elucidates the manner in which the Qur’an addresses this phenomenon and then, based on the Qur’anic model, critically evaluates the Shia jurisprudential opinions in light of these teachings. The findings indicate that the current jurisprudential approach is not capable of withstanding the unequivocal principles ( muḥkamāt ) of the Qur’an or the practical conduct ( sīrah ʿamalīyyah ) of the Prophet and Shia Imams. At the very least, this approach destabilizes the basis of the prevailing  jurisprudential ruling and suggests the adoption of a perspective that maximizes the protection of human life and does not permit coercive measures except on the basis of definitive evidence.

Nowadays, the effects and consequences of armed conflicts are not limited to human beings and they adversely affect the environment and many species of animals as well. Animals are considered to be the unknown and forgotten victims of armed conflicts. In international humanitarian law (IHL) this issue is largely ignored and there are only few rules that indirectly and ambiguously deal with the protection of animals during armed conflict. However, in the sources of Islamic law there are explicit rules and regulations that directly protect the rights of animals during the war. These rules fall into two different categories. First, those concerned with those animals which are used during the conflict as tools and methods of warfare and are regarded as part of military property and equipment. Second, those relating to animals that are not used in the conflict but are affected by the effects and consequences of the war similar to civilians and individuals who do not have a direct participation in hostilities. This study attempts to comparatively examine the relevant rules and principles in IHL and Islam. Based on the findings of the paper, it could be concluded that due to inadequacy and insufficiency of IHL concerning the protection of animal rights during armed conflicts, it appears to be necessary to develop new rules in this regard and employing the existing sources such as religious ones, including Islamic teachings, that are closely linked with ethical treatment of animals.