2018_Maqasid Al-Shari’ah: An Islamic Parameter of Human Rights Treaty Ratification
| Format: | General Document |
|---|
| _version_ | 1860798160024109056 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 |
| copyright | Copyright©PWB2025 |
| country | Malaysia |
| date | 2018-10-30 11:03 |
| format | General Document |
| id | 16230 |
| institution | UniSZA |
| originalfilename | MAQASID AL-SHARI’AH_ AN ISLAMIC PARAMETER OF HUMAN RIGHTS TREATY RATIFICATION (MASTER_2018).pdf |
| person | Usman Safiyanu Duguri |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16230 |
| sourcemedia | Server storage Scanned document |
| spelling | 16230 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16230 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 Server storage Scanned document Universiti Sultan Zainal Abidin UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 2.3.4; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) 135 Copyright©PWB2025 Parameter Islamic law Human rights 2018-10-30 11:03 MAQASID AL-SHARI’AH_ AN ISLAMIC PARAMETER OF HUMAN RIGHTS TREATY RATIFICATION (MASTER_2018).pdf Usman Safiyanu Duguri Islamic Ratification International law 2018_Maqasid Al-Shari’ah: An Islamic Parameter of Human Rights Treaty Ratification Generally, international treaties are agreements among sovereign states that emerge as a result of the need for the states to benefit from each other. Most of the international treaties are hinged on the need to promote international cooperation and basic human rights such as the protection of life and dignity. However, some international treaties could possibly clash with the Islamic jurisprudence. The incompatibility of some international treaties to become Shari’ah compliant restricts the international obligations of many Islamic states. Hence, the study attempts to provide an alternative mechanism for Islamic countries by examining the possibility of employing Maqasid al-Shari’ah as a parameter in the process of ratification of international treaties. Using qualitative method of data analysis, this study has analyzed three international human rights treaties of the United Nations that were deemed not compatible with Islamic jurisprudence. The essences of the treaties were; protection of religion, protection of life, and protection of dignity. Finally, the findings reveal that Maqasid al-Shari’ah is the only option pertaining to freedom of change of religion, gender equality, and death penalty brought up in these international treaties. Finally, the study argues that Maqasid al-Shari’ah could play a critical and greater role in protecting people’s lives, property, intellect, religion, and dignity. The study suggests that Islamic countries should consider using Maqasid al-Shari’ah as a viable parameter in screening their international policy, vis-à-vis the international treaties. Dissertations, Academic Thesis |
| spellingShingle | 2018_Maqasid Al-Shari’ah: An Islamic Parameter of Human Rights Treaty Ratification |
| state | Terengganu |
| subject | Islamic law Human rights International law Dissertations, Academic |
| summary | Generally, international treaties are agreements among sovereign states that emerge as a result of the need for the states to benefit from each other. Most of the international treaties are hinged on the need to promote international cooperation and basic human rights such as the protection of life and dignity. However, some international treaties could possibly clash with the Islamic jurisprudence. The incompatibility of some international treaties to become Shari’ah compliant restricts the international obligations of many Islamic states. Hence, the study attempts to provide an alternative mechanism for Islamic countries by examining the possibility of employing Maqasid al-Shari’ah as a parameter in the process of ratification of international treaties. Using qualitative method of data analysis, this study has analyzed three international human rights treaties of the United Nations that were deemed not compatible with Islamic jurisprudence. The essences of the treaties were; protection of religion, protection of life, and protection of dignity. Finally, the findings reveal that Maqasid al-Shari’ah is the only option pertaining to freedom of change of religion, gender equality, and death penalty brought up in these international treaties. Finally, the study argues that Maqasid al-Shari’ah could play a critical and greater role in protecting people’s lives, property, intellect, religion, and dignity. The study suggests that Islamic countries should consider using Maqasid al-Shari’ah as a viable parameter in screening their international policy, vis-à-vis the international treaties. |
| title | 2018_Maqasid Al-Shari’ah: An Islamic Parameter of Human Rights Treaty Ratification |
| title_full | 2018_Maqasid Al-Shari’ah: An Islamic Parameter of Human Rights Treaty Ratification |
| title_fullStr | 2018_Maqasid Al-Shari’ah: An Islamic Parameter of Human Rights Treaty Ratification |
| title_full_unstemmed | 2018_Maqasid Al-Shari’ah: An Islamic Parameter of Human Rights Treaty Ratification |
| title_short | 2018_Maqasid Al-Shari’ah: An Islamic Parameter of Human Rights Treaty Ratification |
| title_sort | 2018_maqasid al-shari’ah: an islamic parameter of human rights treaty ratification |