Sharia and Human Rights Law in the Constitutional Framework of Gulf States

Abstract

The present article discusses the extent to which the Sharia and human rights are intermingled in the constitutional architecture of Gulf countries, focusing on two main questions: first, the extent to which the constitutional references to the Sharia in Gulf Cooperation Council (GCC) Constitutions coexist—or can coexist—harmoniously with constitutional liberties. Secondly, the extent to which the Sharia plays a role in the interpretation of human rights by judicial entities, and whether such interpretation is in line with international human rights standards. Drawing primarily on the jurisprudence of the Kuwaiti Constitutional Court (including the female Members of Parliament hijab case, the passport retention case, the Ramadan eating ban, and the more recent case on the prohibition of “imitating the opposite sex,” the article suggests that judicial entities in GCC states should strive to align themselves better with their obligations stemming from human rights treaties, especially in relation to the principle of non-discrimination. It further argues that the richness and flexibility of Islamic law can effectively advance the argument of universality and cultural legitimacy of human rights in a spirit of reconciliation, arguably paving the way for a functioning regional human rights body in the Arab region.