التحفظ على معاهدات حقوق الإنسان بين موقف الشريعة الإسلامية والفقه الدولي

الملخص EN

The questions that concern on the agreements of Human Rights are regarded as the most complicated issues focusing on the framework of the International Laws.

Furthermore, these agreements should strongly be associated with the Islamic Sharia Laws from one hand, and the International Law from the other hand.

Consequently, the study concerns with the main matter; What is the position of the Islamic Sharia Law for restricting the Human Rights Agreements? The study seeks to understand the position of the Islamic Sharia Laws for the constraining of the Human Rights Agreements.

The researcher adopts the qualitative approach to examine the position of the Islamic Sharia for such agreements.

The study concludes that some Islamic countries willingly attempt to restrict the applying of some Human Rights Agreements since they want to function the International Laws in a way that suits their ideological purposes and stanzas.

In addition, some countries attempt to practice these international agreements based on what is appropriate for their perceptions and benefits which create some type of divergence between the laws of these countries and their adopting to the Islamic Sharia Laws regardless what exactly the Islamic Sharia expresses this case.

In addition, some countries try to distort and reform the laws of the Islamic Sharia in a way that serves their conceptions and interests regardless the certain position of the Islamic Sharia from these issues