A struggle for supremacy: a confrontation between international human rights law and Shari'a-based constitutional law
Abstract: For two reasons, at least, it is important to study the confrontation between international human rights law and national constitutional law based on Islamic Law/Shari'a. One reason is the inevitable interaction and confrontation between different legal regimes in the global legal pluralism. Another reason is the increasing religious tensions and the decreasing religious tolerance in the international community in the recent time . This often leads to a common perception that Islamic law is completely incompatible with international human rights law . I disagree with this view. My point is this perception, right or wrong, without considering the role of the state is very abstract .The aim of study is not to only shed light on the relationship between human rights and Islamic law, but to show how the understanding, interpretation and implementation of international human rights law and Islamic law can vary between different states. Religious, political and legal culture unique to each state have shaped and continue to shape the human rights-protection system and the implementation of Islamic law .Then, in fact, neither human rights law nor Islamic law is homogenous in practice. The governmental practices of both systems have been varied over time. There might be common grounds between international human rights and Shari'a-incorporated legal systems just as there might be essential conflicts between the source, scope, content and function of the two systems