Localization of International Criminal Law in Light of Challenges Arising from Conflicts with Sharia Criminal Law

The deepening of international relations has inevitably led to rapid transformations in the field of harmonizing legal and judicial systems, which in turn has encouraged domestic legal systems worldwide to update their internal rules and regulations. On the other hand, from a justice perspective, there is a new approach to human rights rules that firstly requires a form of synergy between legal systems and, secondly, depends on comprehensive and thorough studies regarding the localization and domestication of selected, practiced, and successful rules. Despite the undeniable benefits associated with such actions, there are always complexities, obstacles, and numerous challenges in the path of recognizing the norms of other legal systems. In the area of norm adaptation, it is evident and tangible that the localization of international criminal law is a complex and multi-layered process that intersects with domestic law and, in many legal systems, conflicts with religious or customary laws. This study, with a deep and analytical approach, will explore the challenges that arise due to these conflicts.

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Publication Details

Published
2025-01-01
DOI
https://doi.org/10.61838/kman.isslp.4.2.5
Primary Topic
Islamic Studies and History
Type
article
Field-Weighted Citation Impact
0.00
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article

Localization of International Criminal Law in Light of Challenges Arising from Conflicts with Sharia Criminal Law

Yaghoub Imeri Eskandari, MohammadAli Kanaani, Naghmeh Farhoud
Islamic Studies and History
article

Localization of International Criminal Law in Light of Challenges Arising from Conflicts with Sharia Criminal Law

Yaghoub Imeri Eskandari, MohammadAli Kanaani, Naghmeh Farhoud
article en

Abstract

The deepening of international relations has inevitably led to rapid transformations in the field of harmonizing legal and judicial systems, which in turn has encouraged domestic legal systems worldwide to update their internal rules and regulations. On the other hand, from a justice perspective, there is a new approach to human rights rules that firstly requires a form of synergy between legal systems and, secondly, depends on comprehensive and thorough studies regarding the localization and domestication of selected, practiced, and successful rules. Despite the undeniable benefits associated with such actions, there are always complexities, obstacles, and numerous challenges in the path of recognizing the norms of other legal systems. In the area of norm adaptation, it is evident and tangible that the localization of international criminal law is a complex and multi-layered process that intersects with domestic law and, in many legal systems, conflicts with religious or customary laws. This study, with a deep and analytical approach, will explore the challenges that arise due to these conflicts.

Vol. 4(2)
Islamic Azad University, Tehran (IR), Islamic Azad University Roudehen Branch (IR), Islamic Azad University, UAE Branch (AE)
Openalex Percentile: Top 87%
Islamic Studies and History
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