Document Type : Research

Authors

• Mohammad Moghaddami ¹
• Amir Hosein Khosroabadi ²
• Tavakol Habibzadeh ³

¹ PhD Student of International Law, Tehran University, Tehran, Iran

² PhD Student of Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran

³ Associate Professor and Head of Department of Public and International Law, Imam Sadiq University, Tehran, Iran

Abstract

Implementing the rules and regulations of Sharia in the legal system of modern governments has always been associated with challenges such as non-compliance with the new rules of human rights. Challenges like these can be seen in the human rights reports of UN rapporteurs. The main concern of the reporters regarding the situation of human rights rules in those countries that seek to implement the rules of Sharia in their legal system seems to be a kind of adaptation and compliance of Sharia rules with human rights principles which is generally referred to as the compatibility of Islamic rules with the needs and requirements of the modern government. In order to achieve a theoretical gap between Muslim legal thinkers and human rights reporters, this study seeks to examine whether the rules of Sharia have the capacity to adapt to the new needs and requirements of modern governments. For this purpose, this study relies on the descriptive and analytical method of the intellectual foundations of three Muslim thinkers with different approaches and in addition to a critical analysis of Dr. Rahman's article. Finally, it can be concluded that by analyzing the works of two other thinkers, capacities for modeling the adaptation process can be extracted.

Keywords

• Javaid Rehman
• Human Rights
• Convention on the Rights of the Child
• Applicability
• Sharia Provisions

Main Subjects

• Jurisprudence and Law