Assessment Framework for the Compatibility of Islamic and Human Rights Law

This article proposes a compatibility assessment framework for specifying and narrowing down the Muslim states parties’ generic and vague reservations to the United Nations (UN) core human rights treaties and the corresponding equally generic and vague objections by non-Muslim states parties. These reservations and objections seem to be informed by misperceptions about human rights and Islamic law. I argue that human rights and Islamic law are, to a greater extent, compatible and further compatibility may be achieved by employing the proposed contextual interpretive approach: to interpret human rights and Islamic law in their historic and contemporary social contexts. I tested the framework by conducting a compatibility assessment of the foundations, objectives and purposes, jus cogens and nuṣūṣ , and the limitation schemes of human rights and Islamic law and found them to be compatible. This article aims to contribute to a better understanding of human rights and Islamic law, which would assist in maximising the application and enjoyment of human rights in the Muslim states and bolster cooperation in developing respect for and promoting human rights required under Articles 1 and 55 of the UN Charter.