Revisiting Human Trafficking, an Emerging Phenomenon in an Islamic Perspective

  • Haleema Sadia Lecturer, Department of Law, Mirpur University of Science and Technology (MUST), Mirpur-10250 (AJK),
  • Hafsa Abbasi Lecturer Law, Allama Iqbal Open University Islamabad
Keywords: Human trafficking, Islamic law, Muslim world, Exploitation


The individual economic constraints faced by most of the people of the developing states compel the direct affectees to expatriate somewhere else. But gradual and strict closure of state boundaries in almost all countries of the world does not facilitate the individual in most cases. Individuals, as well as a group of countries like the European Union, have strict visa statutes. This situation, eventually, introduced human trafficking from poor and developing countries to developed countries. From an international law perspective, most of the states considered it a serious violation of their state law. From a Human Rights perspective, some species of human trafficking are considered, by most states, as a serious crime. Human trafficking, in most cases, is a serious crime and violation of Human Rights and has been considered a form of modern-day slavery affecting all countries and regions of the world.  It has no limits--- geographical, cultural, political, or religious. Out of those, but not exhaustive, human trafficking for sexual abuse and labor exploitation in different industries is prevalent worldwide.

In most of the modern areas of criminal and commercial laws of the states, Islamic law is also an emerging discourse. This study will look at the concept of human trafficking and its relevance to Islam as the term has not, directly, been discussed in the available literature. The purpose of this study is to examine whether Islamic law addresses the issue of human trafficking sufficiently and effectively. Does it prohibit human trafficking by penalizing the culprits in an arena of Islamic criminal law or is it addressed by taking the title of international or commercial law of Islam? The institution of slavery and other important elements and its prohibition will be discussed slightly only from a historical perspective. This article will also discuss the prohibition of adoption for trafficking and the prevention of all types of exploitation and abuse. The study will also highlight the issue of trafficking for forced child marriage. The present work addresses how applicable principles of Islamic law relate to various forms of trafficking in persons, especially most of those which are pertinent to Muslim countries. The forms of trafficking which are most significant in the Muslim world are examined in this discourse.




Author Biographies

Haleema Sadia, Lecturer, Department of Law, Mirpur University of Science and Technology (MUST), Mirpur-10250 (AJK),

She is serving as a lecturer at Mirpur university of science and technology. She is near to submitting her Ph.D dissertation.

Hafsa Abbasi, Lecturer Law, Allama Iqbal Open University Islamabad

She is a lecturer in  the Law Department of AIOU. She is also doing a doctorate in the subject of Law.


Maggy Lee, Human Trafficking (Routledge 2007). p.1.

Johannes Postma, Slave Revolts (Greenwood Press 2008). p. 4.

International Labour Organization (ILO)

Trafficking in Persons Report, 20th Edition,” Office to Monitor and Combat Trafficking in Persons, U.S. Department of State, June 2020, “Global Estimates of Modern Slavery,” ILO and Walk Free, Sept. 19, 2017.

Louise I. Shelley. Human Trafficking: A Global Perspective. Cambridge, USA; New York: (Cambridge University Press, 2010). p.147.

Postma, Slave Revolts, p. 4.

Maximilien Robespierre, Declaration of The Rights of Man and The Citizen (Open Book Publishers 1850), pp.11-13.

UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children 2000.

Alexis A. Aronowitz, Human Trafficking, Human Misery: The Global Trade in Human Beings (Westport, CT: Praeger, 2009), p.11–12.

Louise Shelley, Chris Corpora, and John Picarelli, “Global Crime Inc,” “Beyond Sovereignty: Issues for a Global Agenda,” 2nd ed., Maryann Cusimano Love, ed. (Belmont, CA: Wadsworth, 2003), pp. 143–66.

Asian Development Bank, Combating Trafficking of Women and Children in South Asia Manila (Philippines: Asian Development Bank, 2003), p. 40.

Louise Shelley, and Christina Bain. “Human Trafficking: Fighting the Illicit Economy with the Legitimate Economy.” Social Inclusion 3, no. 1 (February 23, 2015), pp. 140–44.

Frank Laczko and Elzbieta Gozdziak, Data and Research on Human Trafficking (International Organization for Migration 2005). p. 11.

UN resolution on Trafficking in women and girls 2008., Anne T Gallagher, The International Law of Human Trafficking (Cambridge University Press 2012). pp.17-18

Gallagher AT, Gallagher, The International Law of Human Trafficking (Cambridge University Press 2010). p. 12.



It should be stressed that ‘the Council’ here refers to the Council of Europe

Michèle Hirsch, Plan of Action Against Traffic In Women And Forced Prostitution (Council of Europe 1996). pp.2, 11.


Article 3 a & b of UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children (200).

Ahmad, Sayuti, Perbudakan Dala Hukum Islam, Ahkam, vol. 15, no. 1, (January 2015). p.1.

Principles of Islamic jurisprudence, also known as Usūl al-fiqh, are traditional methodological principles used in Islamic jurisprudence for deriving the rulings of Islamic law.

Literal meaning of Maṣlaḥa Marsalah is cause or source of something beneficial. It is frequently used in the meaning of public interest. It is also used in terms as well, being social weal. Technically, it refers to the meaning of embodiment of the purpose of the law. It presents the jurists with the framework to tackle the problem inherent in a legal system. That is based on finite text i.e. Quran and Hadith.

Ruslan Abdul Gani, Tinda Pidana TrafÅicking Menurut Hukum Positif dan Hukum Islam (Suatu Analisis Perbandingan Hukum), Jurnal Ilmiah Universitas Batanghari, vol. 17, no. 1, (2017). p.5.

Muhamad ibn Ismāʻīl Bukhārī and Muhammad Muhsin Khan, The English Translation of Ṣaḥīḥ al Bukhārī with the Arabic Text (Alexandria, Va.: Al-Saadawi Publications, 1996). Kitab al Ijarah, Vol. 3, Hadith 470.

The International Islamic fiqh Academy (IIFA) was first established in January 1981. It is an organization of Islamic cooperation (OIC). This Academy has members having high scholarly and intellectual specializations in jurisprudence, culture, scientific and economic fields. It explores current issues performing ijtihad.

Al-Qurʼān, 17:32

Al-Bukh ārī, 2227

Al-Qurʼān, 33: 5

Abū Abdullah Muḥammad bin Yazīd, Ibn Mājah Sunan Ibn Mâjah. (Riyadh: Darussalam, 2007). Hadith 2341, Ṣaḥīḥ al Bukhārī, Hadith 7288.

Rusdaya Basri, Human Trafficking dan Solusinya dalam Perspektif Hukum Islam, vol.10, no.1, (January 2012). p.7.

corrective punishment), which means punishment, which is at the discretion of the judge when the offense relates to a private injury.

Yushinta Pramugarini Hak Restitusi Korban Tindak Pidana Perdagangan Orang Perspektif Hukum Pidana Islam, Al-Jinayah, vol. 2, no. 2, (December 2016). p. 5.

Ibid, p.,23.

Yusuf Al-Qaradawi, Lawful and the Prohibited in Islam. (Dar al Taqwa Ltd, 2011). p.33.

Al-Qurʼān, 17: 70

Guillaume A, The Life of Muhammad: A Translation of Isḥāqs Sīrat Rasūl Allāh (Oxford University Press 2013), p.23.

Manzooruddin. Ahmed, Umma: The Idea of a Universal Community. Islamic Studies, 14(1), (1975), p.32.

Law of the Republic of Azerbaijan on Fight Against Human Trafficking (Law of Azerbaijan of 2005), Article 1,2.


Muḥammad ibn Yazīd Ibn Mājah et al., English Translation of Sunan Ibn Mâjah (Riyadh: Darussalam, 2007). Vol. 2:817

Al-Qurʼān, 4:5

Al-Qurʼān, 7:85

Al-Qurʼān, 2:185

Garner, Bryan A, and Henry Campbell Black. Black’s Law Dictionary. Abridged 9th ed. St. Paul, MN: West, 2010.

Anne T. Gallagher, Gallagher, Anne. The International Law of Human Trafficking. New York: Cambridge University Press, (2010). p.39

Nur Zulaikha Afifah, Abd Rohim, Yarina, and Ahmad Yarina Ahmad. “Factors Contributing to Women Trafficking in Malaysia: Perspectives from Policy Maker, Implementers & Non-Governmental Organization.” Journal of Administrative Science Special Edition, Socio-Economic Issue, Vol.14, no. Issue 3 (2017). p.3.

Al-Qurʼān, 17:32.

Al-Qurʼān, 24: 33

Al-Qurʼān, 24: 2

The kafala system is a system used to monitor migrant laborers, working primarily in the construction and domestic sectors in Gulf Cooperation Council member states

Mohamed Y. Mattar, Combating trafficking in persons by the principles of Islamic law. New York: United Nations, (2010). p.28.

Ibid.,28, 29, Decision No. 1 of 1421 AH councils of Ministers

Bahrain to Halt Labour Sponsorship, Al Jazeera, May 7, 2009.

David S. POWERS “The Abolition of Adoption in Islam, Reconsidered,” Droit et Religions Annuaire 4 (2009-10) p.97

K. Jaishankar, International Perspectives on Crime and Justice. Newcastle: Cambridge Scholars, 2009.p.475.

Al-Qurʼān, 33: 4-5

Al-Qurʼān, 8:75

Mohamed Y. Mattar, Trafficking in Persons, Especially Women and Children, in Countries of the Middle East: The Scope of the Problem and the Appropriate Legislative Responses, 26 Fordham Int'l L.J. 721 (2002).

UN General Assembly, Universal Declaration of Human Rights, 10 December 1948, 217 A (III). Art,16

UN General Assembly, Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 7 November 1962.Art. 3., UN General Assembly, International Covenant on Social, Economic and Cultural Rights, 1966. Art.16

UN General Assembly, Convention of the Nationality of Married Women, 29 January 1957. Art.2

Ibid. Art. 1

International Solidarity Network, ed. Knowing Our Rights: Women, Family, Laws, and Customs in the Muslim World: Women Living Under Muslim Laws Femmes Sous Lois Musulmanes. New Delhi: Zubaan, an Associate of Kali for Women, (2003). p.112

Dr. Mohamed Y. Mattar is a Senior Research Professor of International Law and Executive Director of The Protection Project at The Johns Hopkins University, School of Advanced International Studies (SAIS).

Mohamed Matter, Comprehensive Legal Approaches to Combating Trafficking in Persons: An International and Comparative Perspective, (2020) p.52.

Aisha K. Gill and Taher Hamed, “Muslim Women and Forced Marriages in the UK.” Journal of Muslim Minority Affairs, vol. 36, no. 4, (Oct. 2016). p. 540

Vani or Swara is a custom found in Pakistan and Afghanistan.

Mutʿah, literally "pleasure marriage"; is a temporary marriage contract that is practiced in Twelver Shia Islam in which the duration of the marriage and the mahr must be specified and agreed upon in advance.

Mohamed Y. Mattar, Combating trafficking in persons. 35, Murata, Sachiko. Temporary Marriage in Islamic Law. London: Feed books, (2013). p.101

Mulla, Dinshah Fardunji, and Mohammed Hidayatullah. Principles of Mahomedan Law. 19. ed., 18. Reprint. New Delhi: LexisNexis Butterworths, 2008, p. 118

How to Cite
Haleema Sadia, and Hafsa Abbasi. 2023. “Revisiting Human Trafficking, an Emerging Phenomenon in an Islamic Perspective”. Al-Az̤vā 37 (58). Pakistan, 23-40.̤vā.v37i58.592.