Human Rights in Islamic Family Law and Statutory Regulations: Challenges and Interactions Across Countries

توضیح

یادداشت: عنوان فارسی: حقوق بشر در قانون خانواده اسلامی و مقررات قانونی: چالش ها و تعاملات در سراسر کشورها.
Background: Islamic family law, derived from Sharia, and national statutory laws are crucial for protecting human rights, particularly in areas such as marriage, divorce, and child custody. While Islamic law emphasizes the preservation of family integrity and individual well-being, its interpretation and application often intersect with national legal frameworks, raising questions about the compatibility of religious principles with international human rights standards. This study aims to explore the relationship between human rights principles and Islamic family law, focusing on how these laws are applied in diverse cultural and legal contexts.
Methods: This research employs a qualitative approach, using case studies from different countries to explore the interaction between human rights principles and Islamic family law. The analysis examines how Islamic family law addresses human rights issues such as gender equality, fair treatment in divorce, and the protection of children’s welfare. The study also considers the socio-cultural and legal factors influencing the enforcement of these rights within different legal systems.
Results: The findings indicate that Islamic family law addresses key human rights concerns but faces challenges when applied within national legal frameworks, especially in multi-religious and pluralistic societies. In some cases, the interpretation of Sharia law can conflict with international human rights standards, particularly in issues related to gender equality and the rights of women in divorce proceedings. The study also highlights the variations in how these issues are addressed across different countries, reflecting the complexity of balancing Sharia law with statutory regulations.
Discussion: This study discusses the challenges of reconciling Sharia law with human rights norms, particularly in countries where there is a multi-religious or pluralistic society. It emphasizes the importance of balancing religious principles with international human rights standards to ensure the protection of fundamental rights. The research calls for greater dialogue between religious and legal authorities to harmonize Islamic family law with human rights frameworks.
Conclusion: The study concludes that while Islamic family law provides a foundation for protecting human rights, there are significant challenges in its application, particularly in countries with diverse legal traditions. Addressing these challenges requires a more nuanced approach that takes into account both religious principles and international human rights standards to create a legal system that is fair and inclusive.
Novelty: This research offers new insights into the complexities of integrating Islamic family law with international human rights standards. By examining case studies from various countries, it highlights the socio-cultural and legal factors that influence the enforcement of human rights within Islamic legal systems. The study contributes to the understanding of how religious legal systems can coexist with modern human rights frameworks, offering practical recommendations for improving the protection of human rights in Islamic family law contexts.
Keywords: Islamic family law, human rights, statutory law, gender equality, divorce