Islamic Law and Human Trafficking: The Ethical and Legal Frameworks

Human trafficking represents a profound violation of human rights, prompting critical examination across both Islamic and Western legal traditions. This study compares these perspectives, identifying shared values and key distinctions, with particular emphasis on the ethical and punitive aspects of Islamic law related to exploitation. Using a normative legal research methodology, this research investigates the role of Islamic law (Sharia) in countering human trafficking, viewed as a contemporary form of slavery. Through an analysis of Sharia principles, such as the sanctity of human life and the comprehensive prohibition against exploitation, this study reveals preventive strategies embedded within Islamic jurisprudence. These strategies include the elimination of exploitation sources and the prohibition of unjust enrichment at the expense of vulnerable populations. The study further advocates for an integrated approach that addresses both the physical and moral dimensions of human protection. In conclusion, this research affirms Islamic law as a comprehensive framework that aligns with international human rights efforts, notably in its decisive opposition to human exploitation and commodification.

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Publication Details

Journal
Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum
Published
2024-11-04
DOI
https://doi.org/10.22515/alahkam.v9i1.7824
Primary Topic
Sex work and related issues
Type
article
Field-Weighted Citation Impact
0.00
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article

Islamic Law and Human Trafficking: The Ethical and Legal Frameworks

Saber Rashdi
Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum
Sex work and related issues
article

Islamic Law and Human Trafficking: The Ethical and Legal Frameworks

Saber Rashdi
article en

Abstract

Human trafficking represents a profound violation of human rights, prompting critical examination across both Islamic and Western legal traditions. This study compares these perspectives, identifying shared values and key distinctions, with particular emphasis on the ethical and punitive aspects of Islamic law related to exploitation. Using a normative legal research methodology, this research investigates the role of Islamic law (Sharia) in countering human trafficking, viewed as a contemporary form of slavery. Through an analysis of Sharia principles, such as the sanctity of human life and the comprehensive prohibition against exploitation, this study reveals preventive strategies embedded within Islamic jurisprudence. These strategies include the elimination of exploitation sources and the prohibition of unjust enrichment at the expense of vulnerable populations. The study further advocates for an integrated approach that addresses both the physical and moral dimensions of human protection. In conclusion, this research affirms Islamic law as a comprehensive framework that aligns with international human rights efforts, notably in its decisive opposition to human exploitation and commodification.

Al-Ahkam Jurnal Ilmu Syari’ah dan HukumVol. 9(1)
University of Bouira (DZ)
Gender equality
Openalex Percentile: Top 68%
Sex work and related issues
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Islamic Law and Human Trafficking: The Ethical and Legal Frameworks — Saber Rashdi · Al-Ahkam Jurnal Ilmu Syari’ah dan Hukum (2024) | TGRS Research Map | TGRS