مهشید یراقی اصفهانی

The traditional conception of sovereign immunity, rooted in the notion of absolute state authority, increasingly conflicts with contemporary demands for justice and accountability. This article proposes a reconceptualization of sovereign immunity through an Islamic political framework that views sovereignty not as an inherent entitlement but as a divine trust (‘amāna’) conditional upon the realization of justice (‘ʿadl’) and the promotion of public welfare (‘maṣlaḥa’). From this perspective, immunity must serve the purpose of protecting legitimate sovereign functions rather than shielding violations of individual rights. By analyzing the evolution from absolute to restrictive immunity in international law and aligning it with Islamic governance principles, the study argues for a justice-centered model where immunity is granted selectively, contingent upon the sovereign’s adherence to ethical and legal obligations. This trust-based understanding ensures that sovereignty remains a mechanism for the preservation of human dignity and the prevention of oppression (‘ẓulm’), rather than a barrier to accountability. The article advocates for a normative shift toward recognizing sovereign responsibility as intrinsic to sovereign rights, offering a new lens through which contemporary debates on immunity can be assessed.

International Human rights, especially women rights, in today's world is one of the main challenges of the Islamic world with International Law. In fact, one of the great allegation against Islam is about the violation of women rights in Islamic law. This is while in Islam, Human – even man or woman- is considered equal by specification of the verses of the Qur'an like” Surely the most noble of you in the sight of Allah is the most righteous among you” (al-hujurat/13). Islam however also recognizes that such equality does not mean that men and women are the same. It notes their different physical and emotional strengths and in view of this sets out their key roles in life. In this framework, the purpose of this article is to assess the misinterpretations of international women rights about some Islamic views toward women rights. This article’s objective is to highlight connections between the basic tenets of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the nature of Islam-based reservations. Also, it assess the question of the compatibility of the Sharia with modern international human rights law. Because it is a subject of enormous complexity and variation, detailed examination is restricted to two highly contentious subjects of Islamic family law – polygamy and the Divorce within Islam. The results show that the dispute between Islam and the West over human rights is not a conflict in dialectics but of perspectives, So that Islamic doctrines are compatible with modem norms regarding human rights. Likewise, the divergence between these two worlds are not fundamental clash, but actually the disagreement can be viewed as a cultural dialogue.