Human Trafficking and Islamic Law

Abstract

This article investigates the Islamic legal framework in relation to human trafficking, which is based on the sources of the Islamic Sharia and the approaches taken by the Islamic Sharia towards human trafficking. It defines the term of human trafficking in the Arabic language and under Islamic laws and focuses on the various practices and forms of human trafficking which are prohibited under both the Islamic Sharia and international human rights law. It also critically analyses the penalties for the crimes of human trafficking under the Islamic Sharia. The chapter then discusses the concept of human dignity under the Islamic Sharia and its influence on the definition of human trafficking from an Islamic perspective. The article demonstrates that Islam has not only supported a set of rights that preserve human dignity, but it has also instituted a series of punishments in civil society to prevent the abuse of these rights. Although there is no explicit text in the major sources of Islamic law prohibiting human trafficking, the chapter concludes that many customs and actions that contribute to trafficking are clearly prohibited. In addition, to strengthen the sense of human dignity, all Islamic principles have sought to grant rights to all, including the vulnerable and the weak. This implies that Islamic Sharia is in an appropriate position to complement and support the international framework for combating human trafficking.

Keywords: Density: Human dignity; Human Trafficking; International Law; Islamic Sharia; Forced Marriage; Mut’ah Marriage

DOI: 10.7176/JLPG/131-02

Publication date: April 30^th 2023