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Publication: REPRODUCTIVE RIGHTS IN ISLAMIC HUMAN RIGHTS FRAMEWORKS: CHALLENGES AND PROGRESS

This publication was red flagged on , by Patrick C. Chiezey Ph.D.

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Patrick C. Chiezey Ph.D.Posted:

General Remarks The paper presents a strong legal analysis and makes a valuable attempt to bridge Islamic law with contemporary human rights discourse. The topic is timely and significant, particularly in the context of reproductive rights in Muslim-majority states. However, while the paper demonstrates intellectual promise, it falls short of meeting the standards expected of a scholarly article in Islamic legal studies and human rights. Strengths • Strong Jurisprudential Review: The paper demonstrates strong doctrinal reasoning and effectively maps key challenges within Islamic law. • Interdisciplinary Perspective: It successfully bridges Islamic jurisprudence with human rights discourse, offering valuable insights for comparative scholarship. • Application of Legal Frameworks: The discussion of six main instruments in contemporary Islamic human rights practice is comprehensive and well-articulated. Weaknesses • No Reference List Provided: The paper lacks a list of references, which undermines its academic credibility and verifiability. • Partial Engagement with Core Sources: Essential Islamic legal sources (Qur’an, Sunnah, Ijmāʿ, Qiyās, Istihsān, Maslahah, ʿUrf) are either absent or only partially referenced. • Limited Evidence-Based and Policy Approach: The paper does not incorporate qualitative data (interviews, surveys, testimonies) or judicial case studies to illustrate real-world impacts. • Deficient Comparative Analysis: Although the methodology promises a comparative analysis of five progressive Muslim-majority states (Tunisia, Turkey, Indonesia, Morocco, Jordan), only Tunisia is examined. Non-progressive states are not addressed, weakening the comparative framework. • Structural Incoherence: There is a lack of coherence between the abstract, introduction, body, and conclusion. The thesis and scope of comparison are not consistently articulated. Recommendations • Add List of References: Include a comprehensive list of references to substantiate claims and enhance scholarly rigor. • Include Islamic Jurisprudential Sources: Strengthen the doctrinal foundation by systematically referencing both primary and secondary sources of Islamic law. • Integrate Empirical Evidence: Use qualitative data (interviews, surveys, testimonies) and judicial case citations to illustrate the human impact of restrictive reproductive rights policies. Frame arguments in terms of public health, economic development, and social stability to increase policy relevance. • Augment Comparative Framework: Fulfill the stated methodology by analyzing all five progressive Muslim-majority states and contrast them with non-progressive states to highlight differences. Apply consistent criteria (ideology, structure, impact) across cases. • Maintain Structural Consistency: Align abstract, introduction, body, and conclusion. Restate the thesis in the conclusion, synthesize insights from the comparative analysis, and highlight key contributions.