Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative Study »

"This research, undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties, seeks to measure and analyse to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States." An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States: at an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement; internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.

Ch. 1 The Interrelationship between Islamic Law and Human Rights 1

Sect. 1 The Substance of Sharia and its Relation to the Concept of Human Rights 1

Subsect. 1 The Historical Perspective of Islam: A Positive Impact 2

Subsect. 2 Sharia law and Human Rights - A Normative Confrontation? 21

Sect. 2 The Status of Islamic law within the Legal Systems of Muslim States 32

Subsect. 1 The Constitutional Determination of the Relationship between Islam and the State 34

Subsect. 2 The Place Accorded to Islam in the Normative Pyramid Forming Substantive Law 43

Subsect. 3 The Way the Sharia Manifests itself in the Family Law of Muslim states 51

Ch. 2 The Impact of the Sharia on the Ratification of International Human Rights Treaties 59

Sect. 1 The Direct Influence of Sharia on the Ratification of Major International Human Rights Treaties 59

Subsect. 1 Religious Considerations as a Determinant Factor in the Decision of some Muslim States to Abstain from Voting on Human Rights Treaties 60

Subsect. 2 Religious Consideration as a Central Justification for Limiting the Impact of International Human Rights Conventions in Muslim States 63

Sect. 2 The Relative Impact of the Sharia on the Ratification Process of International Human Rights Treaties 82

Subsect. 1 Alternative Considerations used by Muslim States to Justify Limitations to Human Rights Instruments 82

Subsect. 2 Incongruity in the Use of Sharia-Based Reservations to Human Rights Instruments 84

Ch. 3 The Impact of Sharia on the Implementation of Human Rights Standards into Domestic Practice 101

Sect. 1 The Incorporation of International Human Rights Treaties into the Domestic Law 102

Subsect. 1 Mechanism ofIncorporation 102

Subsect. 2 Legal and Constitutional Framework 107

Subsect. 3 Process of Ratification 109

Sect. 2 Brief Survey of the Compatibility of Legislation with Human Rights Norms 111

Sect. 3 The Implementation of Legislative Reforms within the Framework of the Sharia 119

Sect. 4 The Role of the Judiciary in the Application of Human Rights Norms 138

Subsect. 1 The Judicial Systems of Muslim States 138

Subsect. 2 The Application of International Human Rights Norms by National Courts 147

Appendix 177

Bibliography 207