LEGAL REGIME FOR COMBATING SLAVERY AND HUMAN TRAFFICKING UNDER COMMON AND ISLAMIC LAWS: A COMPARATIVE ANALYSIS

Abstract

This paper discusses the legal regime addressing slavery and human trafficking under both Common Law and Islamic Law. Slavery and human trafficking are universally recognized as violations of human rights and constitute offences under both local and international laws. No corner of the world is immune from practices relating to slavery. The paper critically examines how each legal system defines, prohibits, and penalizes these practices, taking into account their historical evolution, moral foundations, and enforcement mechanisms. It adopts a doctrinal research methodology, relying primarily on existing literature. In analyzing Common Law provisions, the paper discusses relevant international instruments - such as the Palermo Protocol - as well as domestic legislation, with particular reference to Nigeria, highlighting contemporary legal responses to slavery and human trafficking. Conversely, the paper investigates Islamic legal sources, including the Qur’an, Hadith, and classical juristic interpretations, emphasizing the moral and legal imperatives for the abolition of slavery and the protection of human dignity. Through comparative analysis, the research identifies points of convergence, such as the protection of human rights and the criminalization of exploitation in all its forms, as well as areas of divergence in interpretative scope and application. The study concludes by recommending a harmonized legal approach that respects cultural and religious contexts while ensuring effective protection against modern slavery and human trafficking.