The Divine Protection of Women in Islam and International Humanitarian Law: A Comparative Study

Abstract

The dignity and protection of women stand at the essential of any just and humane civilization. This paper explores the conflicting approaches of Islamic law and international human rights systems in protection of women’s rights, particularly in cases of sexual violence and social injustice. It begins by highlighting women’s central role in human and social life, declaring that their honor reflects the moral strength of society. While international organizations such as the Inter-American Commission on Human Rights (IAHRC) and the European Court of Human Rights (ECHR) claim to protect women, their frameworks often remain limited to organizational and procedural justice. Cases like Raquel Martín de Mejía v. Peru (1996) and Opuz v. Turkey (2009) illustrate how these systems entangle victims in lengthy trials, failing to deliver emotional and moral refurbishment. In contrast, Islamic jurisprudence establishes a swift, moral, and socially balanced model of justice grounded in divine revelation. The Qur’an and the Sunnah uphold the holiness of women’s dignity and ensure instant and public answerability for criminals, preventing further harm and social illness. Islam views justice not merely as punishment but as purification and protection for the community. Through this comparison, the study argues that international justice mechanisms often remain detached from the lived realities of women, offering symbolic judgments rather than tangible security. Eventually, the paper concludes that the Islamic framework, rooted in moral responsibility and collective welfare, provides a more holistic, restorative, and dignified form of justice for women than the procedural systems of the West. It highlights that true defense of women lies not in legal formalities but in moral conviction, timely justice, and social respect values deeply rooted in the Islamic worldview.