Hezam Sultan J. Alkahtani Thesis Exam, Human Rights and Constitutional Guarantees in Kuwait and Iraq
SPs UIN Jakarta Theater Room, SPs NEWS: The Graduate School of the State Islamic University (SPs UIN) Syarif Hidayatullah Jakarta held the 2758th Thesis Exam at the SPs UIN Jakarta Theater Room, Friday, May 9, 2025 with Hezam Sultan J. Alkahtani Candidate.
Hezam Sultan J. Alkahtani is a student of the Master of Islamic Studies Study Program with a concentration in Sharia. He wrote a thesis with the title "حقوق الإنسان وضماناتها الدستورية في دولة الكويت والعراق من إستقلال البلدين إلى ماقبل سقوط نظام صدام حسين ۲۰۰۳: دراسة تحليلية ومقارنة".
Hezam discusses the implementation of human rights within the constitutional framework of Iraq and Kuwait, using a multidimensional approach that includes descriptive, documentary, comparative, and historical methods. This research traces the conceptual roots of human rights, starting from the foundations of ancient thought before Islam, its evolution through an Islamic perspective that integrates moral values and obligations, to reaching its modern form that emphasizes freedom and individual benefit. This work also highlights how these human rights concepts are embodied in various international legal instruments.
Through a sharp descriptive analysis, the study reveals significant differences in the emphasis on human rights in Iraq and Kuwait. The Iraqi constitution, in the period between 1925 and 1970, was identified as prioritizing civil rights over political and intellectual rights. However, its implementation was often influenced by the dynamics of socialist ideology and the political dominance of the Baath Party. On the other hand, Kuwait's constitution shows a higher level of stability, with a clear commitment to guaranteeing citizens' rights through the principle of separation of powers, although challenges related to citizenship issues for some groups are still a concern.
The comparative approach in this thesis opens up insights into the involvement of both countries in the framework of international law. Both Iraq and Kuwait have ratified a number of important international treaties in the field of human rights, including the International Covenant on Civil and Political Rights and the Convention Against Torture. Nevertheless, the implementation in the field shows a striking difference. In Iraq, implementation is often not in line with the principles contained in the treaty, while Kuwait shows a better degree of harmonization between theory and practice.
The main conclusions of this study highlight how crucial constitutional stability and socio-political context are in influencing the effectiveness of human rights implementation in a country. Kuwait, with its constitutional stability and relatively more open political system, shows better alignment in protecting and upholding human rights compared to Iraq in the period studied.
Furthermore, this thesis expressly states its position that the protection and implementation of human rights in Kuwait and Iraq, albeit with different dynamics and challenges, fundamentally strengthens the direction towards constitutional sovereignty. This implies that respect for the rights of individuals and groups is an important pillar in building a sovereign and law-based state.
This research is expected to be a valuable reference for academics, legal practitioners, and policy makers in understanding the complexities and challenges of human rights implementation in Middle Eastern countries.
Hezam Sultan J. Alkahtani successfully defended his thesis under the guidance of Prof. Dr. JM Muslimin, MA and was tested in front of a board of examiners consisting of Prof. Dr. Yusuf Rahman, MA, Prof. Dr. JM Muslimin, MA, Prof. Usep Abdul Matin, S.Ag, MA, MA, Ph.D and Dr. Iding Rosyidin, M.Si.
After paying attention to the thesis writing, the comments of the examiner team and the candidate's answers, the examiner team determined that Hezam Sultan J. Alkahtani was declared to have graduated with the title of Very Satisfactory and became the 2758th master in the field of Islamic Studies at the Graduate School of UIN Syarif Hidayatullah Jakarta.(JA)