Institute of human rights in the states of the islamic legal family

2020;
: 19-24

Pukavsky Y., Koval I. "Institute of human rights in the states of the islamic legal family"
http://science.lpnu.ua/law/all-volumes-and-issues/volume-7-number-327-20...

1
Lviv Polytechnic National University
2
Lviv Polytechnic National University, Institute of Jurisprudence and Psychology

The article deals with the comparative analysis of the nature of human rights in the states of the Islamic legal family in accordance with the norms established by the western states. The peculiarities of the attitude of Muslim, Arab states to international legal acts regulating the protection of human rights are highlighted. The backwardness of Islamic theocratic states from the democratic and legal principles on human rights issues that have emerged in Europe and in the world is the main problem. The issue of human rights protection is still relevant in 2020. It is particularly interesting in the context of the consideration of human rights in the states of the Islamic legal family. For example, in the United Kingdom of Saudi Arabia only in 2018 did women have the right to drive a car. However, such rights are not basic and fundamental, so it is inappropriate to consider them in the context of the European model of protection of rights. However, it is interesting to look at this issue in the context of basic human rights that are common to residents of the Romano-German legal family and protected by international agreements. Until now, according to United Kingdom Basic Law, Saudi Arabia is not allowed to spread religions other than Islam, and any public display of membership of non-Muslim religions is strictly prohibited. So can we claim that the freedom of religion of the citizens of this monarchy is being violated? In general, it is clear that there is a conflict between human rights and religion. And although the states in which Islam is professed are usually theocentric, we can assume that Islam is compatible with human rights. The presence of all kinds of Islamic human rights instruments, similar in nature to international human rights instruments, reinforces the idea that there is a specific human rights policy. However, there are views about the benefits and against the existence of such policies. It should be understood that such views can only be evaluated after determining the equivalent of the existence of a human rights ethic in Islam and, if so, whether it is compatible with the human rights principles applicable in international relations. In addition, it is also necessary to determine the actual practical position in the various Muslim countries.

1. Human Rights in Arab and Muslim Countries . [World conference against racism. Israel Ministry of Foreign Affairs] Оfficial web-site.: https://mfa.gov.il/MFA/MFA-Archive/2001/Pages/Human%20Rights%20in%20Arab... (date of appeal 09.04.2020). 2. Petersen M. J. Islam and human rights: Clash or compatibility? [Religion and Global Society] Оfficial web-site: https://blogs.lse.ac.uk/religionglobalsociety/2018/06/islam-and-human-ri... (date of appeal 10.04.2020). 3. S. Dunn. Islamic Law and Human Rights Law. 2015 [The Oxford Handbook of Islamic] 4. Kovalenko Ya. Dzherela prav liudyny u krainakh islamskoho rehionu [Sources of human rights in countries in the Islamic region]. Yurydychna hazeta: Оfitsiinyi veb-sait: https://yur-gazeta.com/publications/practice/inshe/dzherela-prav-lyudini... (data zvernennia 09.04.2020). 5. Koran: pereklad smysliv z arabskoi movy (2015) [Qur'an: translating meanings from Arabic] Kyiv: Osnovy [in Ukraine]. 6. Pro prava liudyny u islami (1990) [On Human Rights in Islam] Kairska deklaratsiia vid 05 serpnia Retrieved from https://zakon.rada.gov.ua/laws/show/995_882 (data zvernennia: 10.04.2020). 7. Sliusar K. S. Prava liudyny v musulmanskomu pravi (2017) [Human rights in Muslim law] Pravo i suspilstvo. Vyp. 1 chast. 2. 8. Steshenko V. M., Uvarova O. O., Shumilo I. A. Mizhnarodna systema zakhystu prav liudyny (2018)[International human rights protection system] Kyiv [in Ukraine]. 9. Chepulchenko T.O. Prava liudyny v islami.(2011) [Human rights in Islam] Visnyk NTUU Politolohiia. Sotsiolohiia. Pravo: zbirnyk naukovykh prats. Vyp. 1. Kyiv [in Ukraine].