PhD in International Law and Research Fellow, Al-Mustafa International University
Abstract: (106 Views)
The jurisprudential rule of Ilzām is one of the fundamental principles of Islamic jurisprudence that recognizes the legal consequences of individuals’ commitments based on their own religious or legal systems. This rule possesses significant potential for promoting legal other-acceptance and enabling Islamic jurisprudence to engage constructively in the global legal order. Adopting a descriptive–analytical and critical approach, this article examines the jurisprudential and legal foundations of the rule of Ilzām, while translating and critically assessing the views of prominent Shiʿi and Sunni jurists as well as contemporary Western legal scholars. Furthermore, it analyzes the applications of this rule in international law, international trade law, human rights, and minority rights as reflected in international legal instruments. The findings demonstrate that, if properly reinterpreted within a principled framework, the rule of Ilzām can function as a normative bridge between Islamic law and global legal pluralism, contributing to peaceful coexistence and intercultural legal dialogue.
Type of Study:
Research |
Subject:
Special