Islamic law between common law and civil law systems : whither human rights?

Abstract

Beside the systems of Common Law and Civil Law, the presence of another distinguishable legal system of "Islamic law" is to be noted. Such latter system does not distinguish between the temporal and the spiritual and in this system the temporal derives its origin from the spiritual. This paper inquires into the existing relationship between the system of Islamic Law and human rights. The system of Islamic Law deserves, today more than ever, attention, not only because nearly 25% of the global population applies it but also because there is a renewed interest in its study as a result of the repeated, serious terrorist events that have aroused curiosity in it and, above all, the fear of islamization and its consequences on Europe. We have also seen that although various Muslim countries like Pakistan, Yemen, Malaysia and Nigeria had adopted legal codes based on Western ones in the past but that they are now gradually returning to the original Muslim laws they had although prior to colonialisation.