Preventing Child Trafficking and Sexual Exploitation: A Comparative Legal Analysis of the Palermo Protocol and Islamic Prohibitions on Zinaand Human Dignity(Karāmah)

Authors

  • Sahibzada Yasir Jamal Doctoral law Science Scholar Turiba University Riga, Latvia

DOI:

https://doi.org/10.71085/sss.04.03.372

Keywords:

Human Trafficking, Child Sexual Exploitation, Palermo Protocol, Islamic Law, Zina, Karāmah, Comparative Jurisprudence, Victim Protection, Ijtihād, Transnational Crime

Abstract

Child trafficking for sexual exploitation is one of the most insidious violations of human rights, with a 25% rise in detected victims according to the United Nations Office on Drugs and Crime, from 2019 to 2022, 38% of whom were children. This article provides an in-depth legal comparative analysis between the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and Islamic Sharia prohibitions of zinaand karāmah. Adopting the IMRaD framework, the study employs doctrinal exegesis, comparative jurisprudence and normative synthesis. Results demonstrate 85% normative convergence: both regimes nullify consent under coercion, impose absolute liability for child exploitation, and mandate prevention, protection, and prosecution. Discrepancies emerge in jurisdictional scope, evidentiary thresholds, and cultural implementation. The discussion proposes a Hybrid Legal Integration Model (HLIM) for Muslim-majority states, incorporating ijtihād-based legislation, Sharia-compliant victim restitution funds, and UNODC-aligned monitoring. Policy recommendations include mandatory karāmahtraining for law enforcement and global advocacy campaigns framing anti-trafficking as a religious imperative. This study contributes totransnational legal theory by demonstrating how faith-based norms can operationalize international human rights instruments in high-prevalence contexts.

 

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Published

2025-09-20