NCJ Number
87480
Date Published
1982
Length
50 pages
Annotation
In guaranteeing due process and individual justice, Islamic law conforms to international conventions on the protection of human rights, particularly the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights.
Abstract
With the admission of all Muslim and Islamic States to the United Nations and their adherence to its charter, these states have accepted the obligations of the charter, among which are those relating to the protection of human rights. Such human rights have been embodied in various international conventions which have been ratified by a substantial number of Muslim and Islamic states. Nothing in Islamic international law precludes the applicability of these international obligations to the domestic legal system of an Islamic state, provided these obligations are not contrary to Shari'a, the source of Islamic law and legal procedures. While there is nothing in the spirit of Shari'a which precludes the recognition of human rights mandated in international conventions, the application of Shari'a law does differ from other legal systems. The chief differences are the automatic application of sanctions for procedural violations, limits on judges' discretionary powers, the use of oathtaking in the securing of evidence, and the interpretation of what is cruel and unusual punishment (Islam requires stoning for adultery, cutting off the hand for theft, and corporal punishment for other crimes). The fundamental principles of due process and fairness in determining case dispositions are, however, applied in the Islamic criminal justice system. Appended are lists of Muslim and Islamic states as well as the percentage of Muslims in the populations of other countries along with the signatory states of international human rights conventions and the percentage of Muslims in their populations. A total of 171 footnotes is provided.