نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The issue of human rights localization in Islamic countries constitutes one of the major theoretical and practical challenges in the interaction between the international human rights system and Sharia-based legal systems.Despite the formal ratification of numerous international human rights instruments by many of these countries,the effective and sustainable implementation of human rights continues to face conceptual,institutional,and discursive obstacles.The present study aims to provide a systematic analysis of the capacities and obstacles of human rights localization in Islamic countries,with particular emphasis on internal Islamic normative foundations and the objective socio-political conditions governing these societies.Adopting a qualitative approach and an analytical–critical method,the research draws on library-based studies,the examination of international human rights documents,classical and contemporary Islamic jurisprudential texts, and modern theoretical works.The collected data are analyzed through a conceptual–interpretive analytical framework.The findings indicate that doctrines such as the maqāṣid al-sharīʿa, the principle of inherent human dignity, justice, and public interest (maṣlaḥa) possess significant potential for the normative enrichment and indigenous legitimation of human rights in Islamic countries. Conversely, restrictive interpretations of Sharia, the dominance of political and security-oriented discourses, the weakness of independent legal institutions, and the influence of power relations at both domestic and international levels constitute the principal obstacles to human rights localization. The study concludes that the localization of human rights in Islamic countries does not entail the rejection of their universality; rather, it is achievable within a framework of modified universality through a critical re-reading of Islamic foundations and the reform of institutional structures.
کلیدواژهها English