توضیح

یادداشت: عنوان فارسی: حقوق اسلامی: چالشی برای حقوق بین الملل.
National law and its disciplines may indeed pose challenges to the key concept and regulatory framework of international law. The key concept of international law is no longer limited to primarily sovereign states and their relations in classical questions of war, peace, and diplomacy. Today, it includes other areas such as private international law, trades, and human rights. While international law is a legal order and not an ethical one, it has been heavily influenced by ethical principles and concerns – particularly in relations to human rights. Therefore, respectively, it is widely understood that international human rights law and its framework are to protect the basic rights of all human beings regardless of their race, religion, and background; however, in certain regions of the world, there are some customary and national laws, which their disciplinary practices prevent international law – especially international human rights law to fully prevail. One such example is Islamic Law and its disciplines in the Middle East.
The policy of this paper is NOT to assess whether the Islamic Law is good or bad, but it is to argue the challenges that it poses to international human rights law – especially the rights of women, and how such challenges can be addressed academically, and above all, peacefully within the current model.
Keywords: Secularism, Law Investigation, Law Analysis, International Law, Islamic Law, Shari’ah Law, Customary Law