posted on 2023-08-30, 16:41authored byAli Alkubaisy
This research aims to provide a critical and relevant exploration of the relationship between
the major assumptions surrounding Islamic law and issues related to the protection of basic
human rights vis-à-vis the different situations in secular and non-secular countries. The
focus is on comparing the precise ways in which secular Islamic states and non-secular
Islamic states tend to adopt basic principles pertaining to human rights.
The main objective of this study is to discover whether secular Islamic states tend to
demonstrate higher degree of compliance with international human rights law in
comparison with non-secular Islamic countries. This research objective provides the
backbone of the entire work, since a comparison between secular and non-secular Islamic
countries may yield important practical implications, and can also determine to what extent
the level of a Muslim country's implementation of international human rights law may be
attributed to specific factors. Similar aspects are determined by the quality parameter of
the work, which is regulated through the flexible organisation of codified law.
The context of considering these aspects is comparative by nature, since the legal systems
in secular Islamic countries differ from those of non-secular Islamic countries. This study
applies both comparative, empirical research and library work. It seeks to provide a
theoretical understanding of the specific context of various Islamic states’ attitudes in detail
in order to ascertain their level of compliance with international human rights law.
The study has provided that modern secular Islamic state seems to be more closely aligned
with the principles of human rights than does the non-secular one. The study also provided
that secular modern Islamic states do not use religion to regulate their justice systems and
that this model emphasises international human rights instead, as secular Islamic state
model is based on religious neutrality and does not use Islamic religious principles in
dispensing justice, but rather is subject to a well-established justice system that respects
human dignity and the rule of law.
History
Institution
Anglia Ruskin University
File version
Accepted version
Language
eng
Thesis name
PhD
Thesis type
Doctoral
Legacy posted date
2019-10-24
Legacy creation date
2019-10-24
Legacy Faculty/School/Department
Theses from Anglia Ruskin University/Faculty of Business and Law