Reconciling Sharia and International Human Rights Norms: A Comparative Analysis of Legal Interpretations in Muslim-Majority States
Keywords:
Islamic constitutionalism, maqasid al-sharia, legal pluralism;, comparative jurisprudence, religious freedom;, gender equality;, constitutional courts, treaty obligationsAbstract
The relationship between Islamic law Sharia and international human rights norms has been one of the most debated questions in contemporary legal scholarship. While some scholars and states emphasize inherent compatibility between Islamic principles and universal human rights, others highlight tensions, particularly concerning freedom of religion, gender equality, and freedom of expression. This article provides a comparative analysis of legal interpretations in selected Muslim-majority states, examining how constitutional frameworks, judicial approaches, and legislative practices seek to reconcile or prioritize either Sharia or international human rights obligations. It argues that the apparent conflict often arises not from immutable religious doctrines but from divergent interpretive traditions, political contexts, and institutional arrangements. By analyzing different legal models from secular-constitutional systems to states implementing classical or hybrid forms of Sharia the article demonstrates that reconciliation is possible through contextual ijtihad, maqasid-based reasoning, and constitutional pluralism. The study concludes that future harmonization depends on interpretive reform, judicial independence, and engagement with both Islamic jurisprudence and international legal norms.
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