Revisiting Human Trafficking, an Emerging Phenomenon in an Islamic Perspective
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.
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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).
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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.
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