Balancing the Demands of Globalization and the Protection of Human Rights in Islamic Sharia and International Law

HRMARS - This research examines the balance between the imperatives of globalization and the protection of human rights within both Islamic Sharia and international law. It underscores the profound transformations that globalization has imposed on the world's political, economic, and legal structures, which have directly impacted the conceptualization of human rights and their enforcement mechanisms. The study demonstrates that while international law has evolved through the United Nations framework and international conventions, it continues to grapple with challenges related to double standards, weak enforcement, and the political agendas of major global powers. Conversely, Islamic Sharia offers a comprehensive vision of human rights rooted in divine honor, maintaining a strict equilibrium between rights and duties, and aligning these rights with the Maqasid al-Sharia (higher objectives of Islamic law) aimed at safeguarding fundamental human necessities. Furthermore, the study notes that while globalization has played a key role in disseminating a culture of human rights and fostering global awareness, it has simultaneously generated complex political, cultural, economic, and legal challenges that hinder the practical realization of these rights. The findings confirm the possibility of achieving a form of complementarity between Islamic Sharia and international law in the realm of human rights. This can be accomplished by fostering intercultural dialogue, recognizing cultural and religious particularities, and developing more equitable and effective mechanisms to guarantee human dignity without discrimination, thereby achieving the desired balance between universality and specificity in the era of contemporary globalization.