Re-evaluating the supposed 'clash' between Islamic law and international human rights Law : the impact of God as a nation's public morality

Abstract

This thesis examines the relationship between international human rights law and Islamic law in respect to how each ideology deals with human rights. Although it will be contended that God is fundamental in the construction of Islamic public morality, this thesis presents an argument that societies have different public moralities and that international human rights law can and textually does accommodate this variance. The thesis will conclude that there is no fundamental difference between Islamic law and international human rights law. The latter can therefore accommodate the former, and the proposition that Islamic law is inherently incompatible with international human rights law is neither fair nor factual.