حقوق الإنسان المدينة في القانون الدولي لحقوق الإنسان و الشريعة الإسلامية

الملخص EN

This research addresses the subject of civil human rights in the international human rights law and Islamic Sharia.

Human civil rights here are intended as the rights contained in two of the most important human rights sources : the universal declaration of human rights proclaimed by the united Nations in the year 1948, and the international covenant on civil and political rights proclaimed by the united nations in 1966.

the most important rights included in these two documents are: the right to life, the right to liberty, the right to equality, the right to freedom from torture, the right to a fair trial, the accused acquitted unless proven guilty, penalties are determined only by the law, the right to privacy and the right to marry.

After conducting his research, the researcher reached the following findings : - Islam was the pioneer for the determination and confirmation of human rights, whether in conformity with or contrary to the relevant international human rights instruments ; - There is a great deal of commonality between civil human rights in the international human rights law and Islamic Sharia.

And there are rights not permitted by Islamic Sharia while other rights are exclusively permitted by Islamic Sharia; - Islam has laid down the foundations of human rights fourteen centuries ago.

Moreover, Islam prevented the assault on the human, his blood, money or honor ; - Muslim jurists have spoken of rights and divided them into three rights: The rights of God, the rights of the slave (the human) and common rights between them.

While the international human rights law spoke only of human rights ; - Islamic Sharia forbade killing one’s self, which is now called suicide, while the international human rights law did not deal with it ; - Islamic Sharia permits freedom of both types, unless it contradicts the texts of the Islamic Shari or harms others.

One of the rights enshrined in the international human rights law is the right to change a person’s religion, which is not enshrined in Islamic Sharia ; and - Islamic Sharia affirms the right of equality in terms of origin, it allows for inequality among people according to piety and legitimate duties.

At the end of his research, the researcher offered the following recommendations : - The international community should work towards common human rights standards that respect religions, beliefs and values of all people ; in order to avoid the conflict between civilizations, cultures and religions ; - Interest should focus on comparative studies in the field of international law and Islamic Sharia, especially in the field of human rights ; - A center for legal policy research studies should be established.

It shall include specialists in Islamic Sharia and international law to undertake an integrated collective effort in the issues of contemporary legal policy, especially the field of human rights ; - The establishment of faculties of Sharia and law should be expanded.

These faculties will serve to graduate qualified competencies combining forensic science and legal knowledge ; - Judges should be trained on how to deal with legal issues, including human rights issues ; and - To spread the culture of rights in general, and the culture of human rights in particular, especially in a manner that does not violate Islamic Sharia.