State Obligations to Ensure Equitable Access to Financial Resources in International Development Law and Islamic Jurisprudence

Abstract

Equitable access to financial resources constitutes one of the fundamental pillars for the realization of the right to development and economic justice at both national and international levels. Structural inequalities in the distribution of financial resources, particularly between developed and developing countries, have contributed to the persistence of poverty, the widening of economic disparities, and the weakening of peoples’ economic and social rights. The present article aims to clarify state obligations in guaranteeing equitable access to financial resources through a comparative examination of this concept within the frameworks of international development law and Islamic jurisprudence. The research adopts a descriptive–analytical method based on the analysis of international legal instruments, juristic sources, and authoritative academic studies. The findings indicate that within international development law, the right to development is recognized as a fundamental human right that obliges states to facilitate fair access to financial resources through the mobilization of domestic resources, international financial cooperation, equitable transfer of capital and technology, and the reform of unjust structures within the global financial system. Nevertheless, weak enforcement mechanisms, external debt burdens, and structural inequalities have posed serious challenges to the effective realization of these obligations. In contrast, Islamic jurisprudence, grounded in principles such as divine ownership of wealth, the rule of equity and justice, human dignity, and social solidarity, provides a binding normative framework for financial justice. Through institutional mechanisms including zakat, khums, the public treasury (Bayt al-Mal), anfal resources, and the prohibition of usury (riba), Islamic jurisprudence assigns an active and regulatory role to the state in ensuring equitable distribution of resources. The overall conclusion of the study demonstrates that despite foundational differences, significant convergence exists between the objectives of financial justice in Islamic jurisprudence and international development law. Utilizing the normative and institutional capacities of Islamic jurisprudence may strengthen both the normative foundations and the practical effectiveness of state obligations within the international financial system and contribute to the more concrete realization of equitable access to financial resources.