The Encyclopedia of Comparative Jurisprudence and Law

Human rights, as a cornerstone of international law, pose challenges when aligned with the principles of Islamic jurisprudence. This study conducts a comparative analysis of the foundations of human rights in Islamic jurisprudence and international instruments, including the Universal Declaration of Human Rights (UDHR). Key principles such as justice, human dignity, and the right to life are analyzed and compared across both legal systems. Challenges such as theoretical and practical conflicts between the two frameworks and their resolutions are discussed. The findings reveal that Islamic jurisprudence, emphasizing the objectives of Sharia (Maqasid al-Sharia), holds significant potential for alignment with global human rights principles but requires reinterpretation and modern applications.

Artificial intelligence (AI) is an advanced technology that presents numerous challenges in the domains of law and ethics. This study examines AI-related rights within the framework of Islamic Sharia, analyzing various aspects such as data ownership, ethical and civil liability of AI systems, and justice in AI utilization. Initially, Islamic jurisprudential principles related to emerging technologies, such as the rules of "La Darar" (no harm) and respect for human dignity, are explored. The study then discusses how these principles can be adapted to AI applications. Findings indicate that Islamic Sharia offers a moral and legal framework for regulating AI use but requires innovative ijtihad and interpretation. The article also proposes recommendations for drafting Sharia-compliant regulations in this field.

The rule "Nafyi Sabeel" is a foundational principle in Islamic jurisprudence emphasizing the independence and sovereignty of Islamic states. This study analyzes the jurisprudential and legal dimensions of this rule in international interactions, including treaties, economic cooperation, and diplomatic relations. Initially, the concept and foundations of "Nafyi Sabeel" are explored within Islamic texts, followed by an examination of its compatibility with contemporary international law frameworks. The research also addresses challenges such as the impact of international political and economic pressures on the sovereignty of Islamic states and potential conflicts between this rule and global treaties. Findings indicate that "Nafyi Sabeel" can serve as a tool to strengthen national sovereignty in Islamic states but requires reinterpretation of certain traditional perspectives.

Privacy is a critical and debated issue in contemporary law, with a significant position in Islamic jurisprudence as well. This study conducts a comparative analysis of privacy rights in Islamic jurisprudence and contemporary legal systems. It begins by examining the jurisprudential foundations of privacy, supported by references to the Quran and Prophetic traditions. Subsequently, it explores the principles governing privacy protection in international legal systems. The research reveals that Islamic jurisprudence, emphasizing respect for human dignity, provides robust principles for safeguarding privacy. However, it requires adaptation to address modern challenges such as digital privacy. The study also offers recommendations for aligning Islamic principles with contemporary conditions to better protect privacy rights.

Maqasid al-Sharia (objectives of Islamic law) is a fundamental principle in Islamic jurisprudence with significant implications for women's rights in Islamic countries. This study examines the influence of this principle on various aspects of women's rights, including education, employment, and social participation. Initially, the concept of Maqasid al-Sharia and its position in Islamic jurisprudence are explained. Subsequently, the study explores its role in addressing issues related to women's rights in contemporary Islamic societies. The research also delves into challenges such as differing interpretations of Maqasid al-Sharia and their effects on legal restrictions for women, providing practical examples to evaluate its application in social policymaking. Findings reveal that Maqasid al-Sharia offers a robust foundation for supporting women's rights, yet requires redefining concepts within contemporary frameworks.

Diyah (blood money) is a fundamental concept in Islamic criminal law, particularly applicable to unintentional crimes such as accidents or medical errors. This study provides a jurisprudential and legal analysis of Diyah and examines its adaptability to contemporary challenges. Initially, the jurisprudential foundations of Diyah, including its determination, calculation, and variations across different crimes, are explored. The research then evaluates these principles in relation to the laws of Islamic countries and the challenges posed by advancements in medicine and modern technology. Findings suggest that while Diyah serves as an effective mechanism for compensation, its practical application requires revisiting its regulatory framework to align with modern societal needs. The study concludes with recommendations for reforming and enhancing the Diyah system.

Child marriage is a controversial issue in contemporary Islamic societies, requiring reevaluation within the framework of Islamic jurisprudence and international law. This study examines the jurisprudential foundations related to child marriage, including the concepts of maturity (bulugh), consent, and child welfare. National laws on child marriage in various Islamic countries are compared with human rights principles, and the challenges of implementing these laws are analyzed. The findings indicate that Islamic jurisprudence has the capacity to impose restrictions to prevent child marriage, particularly in cases where such marriages result in physical and psychological harm. The study concludes by proposing strategies for harmonizing Islamic legal principles with international norms to safeguard children's rights.

This study examines the rights of prisoners in Islamic jurisprudence and provides a comparative analysis of these rights with contemporary human rights principles. It begins by exploring the jurisprudential foundations related to prisoners' welfare, including the right to food, shelter, and dignity. Quranic texts and Prophetic traditions are analyzed to identify ethical and legal principles for treating prisoners. The findings reveal that Islamic jurisprudence not only acknowledges prisoners' basic rights but also places significant emphasis on their rehabilitation and reform. The study concludes by discussing the practical challenges in aligning these rights with international human rights standards and offers recommendations for improving prisoners' conditions in Islamic countries.