آليات الحماية القانونية لحقوق الإنسان فى القانون الدولي والشريعة الإسلامية : دراسة مقارنة

Abstract

The study tackles the issue of human rights violation through providing legal and Islamic research of the most important mechanisms for the protection of human rights in International law and Islamic law. The study has found that the international law and Islamic law had provided mankind a number of mechanisms, which if they are applied will lead to the existence of a noble society in which all people enjoy peace and stability and enjoy all rights equally. Both international law and Islamic law had provided a numerous provisions that contain a bulk of legal provisions that criminalize every action that may cause harm to the human, regardless of whether that harm affected him physically, or affect his honor or Religion. The international and Islamic law did not only limit their role in legislation, rather they have established Judicial mechanisms that will punish through trial any one that has been convicted on violating human rights. Moreover, they have also provided consensual mechanisms which their responsibility is to supervise and oversight the individuals and the governments’ respect and implementation of these legal texts. The study had adopted the indicative approach where reference was made to a number of treaties and international conventions and declarations on human rights both in International law and Islamic law, as well as refer to the Holy Quran and Sunnah, in addition to several studies that addressed human rights in international law or in Islamic law. In order to clarify the role played by each of the two legal systems in the protection of human rights, the study also used the comparative method. It is hoped that this study will be an important reference for researchers in the field of human rights, and clear guide of the ways that must be taken when defending human rights, both at the international level or the Islamic law.