Towards Creating Synergy for the Realisation of Right to Health in International Human Rights and Shariah

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Abstract

In most of the literature on international human rights in Muslim states, Shariah principles are interpreted in a way to limit the scope of human rights such as freedom of speech, religion, and non-discrimination. In this paper, I want to argue that Shariah principles can be used to enhance the Muslim states’ obligations related to the right to health. After exploring the health-related emphasis in the primary sources of Shariah, I argue that the obligations of Muslim states to the right to health are dual, as parties to the International Bill of Rights and Shariah status in Muslim constitutionalism. I will set a theoretical framework for bridging international human rights with Shariah where synergy is possible.
Original languageEnglish
JournalArab Law Quarterly
DOIs
Publication statusE-pub ahead of print - 12 Nov 2024

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