An Approach to Human Rights Guarantees between Islamic Sharia and International Humanitarian Law

A study on the principle of Shura and democracy

Abstract

The study aims to identify the guarantees of human rights in Islamic law and to know the approaches that link Islamic law and positive humanitarian law. The problem of the study revolved around the question of how Islamic law and positive humanitarian law protect human rights. The study started from a basic assumption that human rights are not a grant from a king or ruler or a decision issued by an authority or international organization; rather, they are binding rights by virtue of their divine source that do not accept deletion, abrogation or suspension, and it is not permissible to attack them, and it is not permissible to waive them. Shura in Islamic law is one of the foundations that the ruler and the ruled seek to achieve within the state, because it gives everyone the opportunity to participate in good governance. Some see that there is a similarity between Shura and democracy in that they make the people, or if you will, the elected majority, participate in decision-making. The approach that we seek to study here is whether there is a similarity between Shura and democracy, or whether each of them has its own tributaries from which it derives its foundations and controls. This is what we see in the folds of this research. This research, from a theoretical perspective, has a special importance, which is how we bring the two concepts closer together.

   The study aims to identify the similarities and differences between them. The study used the descriptive approach in describing the events and developments related to the relationship between positive laws, as it is one of the most capable approaches to studying legal problems and topics and finding appropriate explanations and solutions for each problem. The study concluded with a set of results, the most important of which was that all heavenly religions recognized natural rights for humans, which are not to attack the human soul or discriminate or exclude on the basis of color, gender or race. The study also recommended that the principle of intervention to protect human rights should be applied, and it should be applied to all countries without exception, with no difference between a large or small country, in accordance with the principle of equality, which is one of the principles of the United Nations.