Assistant Professor of Human Rights in the Faculty of Law, King Abdulaziz University, Saudi Arabia.
J Law Med. 2024 May;31(1):201-209.
Illegal trafficking of narcotics and problems associated with illegal substance abuse have attracted great deal of attention over the years. However, there are concerns about how to solve this problem while still respecting individual rights. In general terms, it has been alleged by numerous international observers that in many instances human rights have not been fully respected or observed in the fight against illicit drugs. When it comes to Shari'a law, the fundamental premise is that narcotics abuse and trafficking is clearly in violation of Islamic principles. This article highlights the importance of adopting a human rights-based approach to policies regarding narcotics and discusses the potential conflict and the State's obligation to enforce laws which protect their citizens with individual citizen's rights. It focuses on Islamic laws and takes Saudi Arabia as an example given the fact that the Saudi Arabia bases its constitution on Sharia.
多年来,非法贩卖麻醉品和与滥用非法物质有关的问题引起了极大关注。然而,人们担心在尊重个人权利的同时如何解决这个问题。总的来说,许多国际观察家声称,在打击非法毒品的斗争中,人权并没有得到充分尊重或遵守。在伊斯兰教教法方面,其基本前提是,滥用和贩卖麻醉品显然违反了伊斯兰原则。本文强调了在麻醉品政策方面采取基于人权的方法的重要性,并讨论了潜在的冲突以及国家有义务执行保护其公民个人权利的法律。它侧重于伊斯兰法律,并以沙特阿拉伯为例,因为沙特阿拉伯的宪法是基于伊斯兰教教法。