Proceedings of the 40th International Academic Conference, Stockholm

ISLAMIC CRIMINAL LAW AS AN EFFECTIVE TOOL IN ADDRESSING TRAFFICKING IN PERSONS

MUATH AL-ZOUBI

Abstract:

Islamic Criminal Law could play a significant role in addressing trafficking in persons. Interestingly, Islam is a way of life and the dominant national religion in most of Muslim countries. Therefore, examining trafficking in persons from an Islamic Law perspective may reflect the general thinking of people in these countries. Remarkable, the legal systems and traditions in most of Muslim countries depend primarily on Islamic Law. Accordingly, it is significant to understand the position of Islam on trafficking in persons; as such understanding has the potential to develop a comprehensive approach in addressing trafficking in persons. Notably, the significant role of Islam in addressing trafficking in persons could be illustrated on how Islam addresses several forms of exploitation. It is noteworthy that exploitation is considered the main element in the definition of trafficking in persons. Indeed, Islam addresses a number of practices falling under the concept of exploitation. By way of illustration, Islam addresses the exploitation of labour, sexual exploitation, slavery, practices similar to slavery, and selling or buying of human organs. Consequently, by acknowledging how Islam has addressed these practices, Islam could play an important role in addressing trafficking in persons by adopting an Islamic approach in the fight against trafficking in persons. It is worth noting that Islamic Law is in line with international law concerning trafficking- in-persons issues. Furthermore, the Islamic position condemns trafficking in persons. This is important because it might bring an ideological aspect in the fight against trafficking in persons.

Keywords: Islamic Law, Trafficking in Persons, Criminal Law.

DOI: 10.20472/IAC.2018.040.002

PDF: Download