Implementation of the Right to Choose a Cultural System by Islamic States: a Comparative Analysis

Abstract

Introduction. The right to choose the state’s cultural system derives from the principle of noninterference in the matters within its domestic jurisdiction. Although the necessity to precise the content of the main principles of international law has been outlined in the Russian international law doctrine, hardly any research focusing on the right to choose cultural system can be found. The research on international law position of the Organization of Islamic Cooperation and its Member States concerning the right to choose the state’s cultural system is lacking despite the fact that historical, cultural and religious particularities of the Member States of the OIC affect the scope of their obligations under international law. Materials and Methods. The research aims to discover the particularities of the exercise of the right to choose cultural system by the Member States of the OIC and their impact on the qualification of matters within domestic jurisdiction of these states. The research includes historical and systemic legal analysis of the principles and norms of general international law concerning the right to choose the state’s cultural system and their application in OIC acts and constitutional law of OIC Member States on the example of the Arab Republic of Egypt, Islamic Republic of Iran, Kingdom of Saudi Arabia and Republic of Iraq. Results. The sovereign and inalienable right to choose the state’s economic, political, social and cultural system was enshrined in universal, regional and bilateral international law acts in the result of codification and progressive development of international law norms in the second half of XXth century. The exercise of this right is limited by the state’s international law obligations. Including provisions on the state’s historical, cultural and religious particularities in the state’s basic law should be considered as a form of exercising its right to choose cultural system. Discussion and Conclusions. If historical, cultural and religious particularities of a state constitute the basis of its state and social system, the legal regulation of these particularities should be considered the matter of its domestic jurisdiction. Thus, such particularities may not be regulated by international law. OIC acts enshrine the limitation of the exercise of the right to choose the state’s cultural system as well as the Member States’ position as regards cases when interference in the exercise of this right is not permissible. The attachment of some OIC Member States to the principles of Islamic Sharia should be considered not only as their historical, cultural and religious particularity but also as a basis of their state and social system, which falls within their domestic jurisdiction.