Analysis of the Concept of the Right to Freedom of Movement within States in Islamic Jurisprudence and International Law

The right to freedom of movement is one of the fundamental human rights, recognized in numerous human rights instruments. It is also acknowledged in basic sources of Islamic jurisprudence. This right can be divided into 4 distinct but related rights: (1) the right to freedom of movement within states; (2) the right to choose residence within the state; (3) the right to leave any country; (4) the right to return to one's own country. In this article the right to freedom of movement within states is analyzed in order to consider its constitutive elements. It has been tried to answer the questions like what doe's "within states" mean and what are the conditions to be entitled of this right. The interpretations of the constitutional courts and international tribunals of this right and its legitimate limitations are considered in this article as well.