Chicago Journal of International Law

Article Title

Torture and Islamic Law


Part I of this Article summarizes the range of pre-modem Muslim juristic doctrines on investigative torture and discusses the relationship between these doctrines and the practices of Muslim state officials in defining and determining "Islamic law." Part II notes evidence of the practice of investigative torture in pre-modem Muslim times and then focuses on modern practice, considering data on torture in today's Muslim countries in light of the degree of commitment to Islamic law these countries have professed. Part III considers whether Islamic law influences the decision of a Muslim country to join or abstain from international covenants against torture. Part IV suggests how, in light of this study, to view torture through the lens of Islamic law, and Islamic law through the lens of torture.