Mohd Kamal, Mohd Hisham and Hamid, Abdul Ghafur@Khin Maung Sein and Eishan Jan, Mohammad Naqib and Ahmad, Muhamad Hassan and Zul Kepli, Mohd Yazid (2024) Harmonisation of shari‘ah and international law in treaty making, treaty ratification and international norm creation. IIUM Law Journal, 32 (2). pp. 33-58. ISSN 0128-2530 E-ISSN 2289-7852
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Abstract
This article discusses the progress and achievements in harmonisation of Shari‘ah and international law in the processes of treaty-making, treaty ratification and norm creation. This article focuses only on several treaties and declarations. Some of these instruments were drafted in the aftermath of World War II, and the other category is mainly international human rights law instruments. This research analyses the drafting history of the treaties and declarations while examining some of the provisions of the instruments in comparison with the position of the Shari‘ah, and determines the Muslim majority States’ attitude towards those instruments. Areas covered include prohibition of the use of force, freedom to change religion, women’s rights and freedom of expression. The progress of harmonisation varies from one area to another. There are areas where harmonisation is easy, but there are other areas where it is impossible, or very difficult and unlikely. Total and comprehensive harmonisation of Shari'ah and international law is neither possible nor permitted by the Shari‘ah.
Item Type: | Article (Journal) |
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Uncontrolled Keywords: | Harmonisation, International Law, Prohibition of Use of Force, Freedom to Change Religion, Freedom of Expression. |
Subjects: | K Law > KZ Law of Nations |
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws |
Depositing User: | Prof. Dr. Abdul Ghafur Hamid |
Date Deposited: | 04 Dec 2024 10:29 |
Last Modified: | 04 Dec 2024 10:29 |
URI: | http://irep.iium.edu.my/id/eprint/116341 |
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