Chapter

Islamic and International Law: Convergence or Conflict?

Mark Ellis

in Islamic Law and International Human Rights Law

Published in print October 2012 | ISBN: 9780199641444
Published online January 2013 | e-ISBN: 9780191741104 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641444.003.0005
Islamic and International Law: Convergence or Conflict?

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This chapter comments on the discussions in Chapters 1 and 2. It argues that there is a strong prima facie case for holding Universalism to be part of the ‘internal perspective’ of international human rights law. It is incumbent upon states to uphold certain agreed upon human rights protections. If protective human rights principles are part of a jus cogens norm, they cannot be abnegated, subverted, or weakened by any unilateral state action. They bind all nations; a state's breach of any one is unlawful. Nor can states claim exemption on the basis of national, cultural, or religious differences. These norms must be viewed as transcending specific law traditions, such as common law, civil law, or Islamic law. While respecting the belief that certain legal systems derive their authority from a deity, this respect should never move us to compromise the most important non-derogable rights within the international legal system. Any regional, municipal, or religious legal order must recognize that we operate as part of an international community and that certain duties within it are absolute.

Keywords: Islamic law; international human rights law; universalism; states

Chapter.  6649 words. 

Subjects: Human Rights and Immigration

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