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The Legitimacy of Use of Force in Public and Islamic International Law

The Legitimacy of Use of Force in Public and Islamic International Law PDF Author: Mohammad Z. Sabuj
Publisher: Springer Nature
ISBN: 3030772985
Category : Political Science
Languages : en
Pages : 181

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Book Description
This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.

The Legitimacy of Use of Force in Public and Islamic International Law

The Legitimacy of Use of Force in Public and Islamic International Law PDF Author: Mohammad Z. Sabuj
Publisher: Springer Nature
ISBN: 3030772985
Category : Political Science
Languages : en
Pages : 181

View

Book Description
This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.

Islamic State Practices, International Law and the Threat from Terrorism

Islamic State Practices, International Law and the Threat from Terrorism PDF Author: Javaid Rehman
Publisher: Hart Publishing
ISBN: 1841135011
Category : Law
Languages : en
Pages : 277

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Book Description
In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism.

International Human Rights and Islamic Law

International Human Rights and Islamic Law PDF Author: Mashood A. Baderin
Publisher: Oxford University Press on Demand
ISBN: 9780199285402
Category : Law
Languages : en
Pages : 279

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Book Description
This volume examines the important question of whether or not international human rights and Islamic law are compatible. It asks whether Muslim States can comply with international human rights law whilst adhering to Islamic law. The traditional arguments on this subject are examined and responded to from both international human rights and Islamic legal perspectives. The volume engages international human rights law in theoretical dialogue with Islamic law, facilitating an evaluation of the human rights policy of modern Muslim States. International Human Rights and Islamic Law formulates a synthesis between these two extremes, and argues that although there are differences of scope and application, there is no fundamental incompatibility between these two bodies of law. Baderin argues that their differences could be better addressed if the concept of human rights were positively established from within the themes of Islamic law, rather than by imposing it upon Islamic law as an alien concept. Each article of the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as relevant articles of the Convention on the Elimination of All Forms of Discrimination against Women are analysed in the light of Islamic law. The volume concludes that it is possible to harmonise the differences between international human rights law and Islamic law through the adoption of the 'margin of appreciation' doctrine by international human rights treaty bodies and the utilization of the Islamic law doctrines of 'maqâsid al-sharî'ah' (the overall objective of Sharî'ah) and 'maslahah' (welfare) by Muslim States in their interpretation and application of Islamic law respectively. Baderin asserts that Islamic law can serve as an important vehicle for the guarantee and enforcement of international human rights law in the Muslim world, and the volume concludes with recommendations to that effect. A clear and readable examination of whether international human rights law and Islamic law are compatible Careful presentation of this highly topical and difficult area Provides persuasive and thoroughly documented definitions, historical analysis, and discussionContents:Dedication Acknowledgements Preface Contents Table of Cases Table of Treaties and Declarations Glossary 1 Introduction 2 Human Rights and Islamic Law 3 The International Covenant on Civil and Political Rights (ICCPR) in the Light of Islamic Law 4 The International Covenant on Economic, Social and Cultural Rights (ICESCR) in the Light of Islamic Law 5 Conclusion Annexe: The Cairo Declaration on Human Rights in Islam Glossary Bibliography Index

Islamic Law and International Law

Islamic Law and International Law PDF Author: Emilia Justyna Powell
Publisher: Oxford University Press, USA
ISBN: 0190064633
Category : Law
Languages : en
Pages : 329

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Book Description
"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--

Islamic International Law

Islamic International Law PDF Author: Khaled Ramadan Bashir
Publisher: Edward Elgar Publishing
ISBN: 1788113861
Category : Religion
Languages : en
Pages : 320

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Book Description
Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.

Islamic International Law and Jihad (War) Law Handbook

Islamic International Law and Jihad (War) Law Handbook PDF Author: IBP USA
Publisher: Lulu.com
ISBN: 1438724721
Category : Business & Economics
Languages : en
Pages : 278

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Book Description
2011 Updated Reprint. Updated Annually. Islamic International Law and Jihad (War) Law Handbook

Islamic International Law and Jihad (War) Law Handbook - Strategic Information

Islamic International Law and Jihad (War) Law Handbook - Strategic Information PDF Author: IBP, Inc.
Publisher: Lulu.com
ISBN: 1433025353
Category : Business & Economics
Languages : en
Pages : 278

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Book Description
2011 Updated Reprint. Updated Annually. Islamic International Law and Jihad (War) Law Handbook

The Islamic Law of Nations

The Islamic Law of Nations PDF Author: Muḥammad ibn al-Ḥasan Shaybānī
Publisher: JHU Press
ISBN: 9780801869754
Category : History
Languages : en
Pages : 344

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Book Description
From its origins Islam has been an expansionist religion, understanding itself as a matter of faith to be in a permanent state of war with the non-Muslim world. After the initial consolidation of the Islamic caliphate, however, it soon became apparent that constant military hostilities could not be sustained and that other forms of relationship with non-Muslim nations would be necessary. To reconcile the imperatives of faith with the limits of military power, Islamic scholars developed elaborate legal doctrines. In the second century of the Muslim era (eighth century C.E.), hundreds of years before the codification of international law in Europe by Grotius and others, Muhammad ibn al-Hasan al-Shaybani, an eminent jurist of the Hanafite school in present-day Iraq, wrote the first major Islamic treatise on the law of nations, Kitab al-Siyar al-Kabir. Translated with an extensive commentary by Majid Khadduri, Shaybani's Siyar describes in detail conditions for war (jihad) and for peace, principles for the conduct of military action and of diplomacy, and rules for the treatment of non-Muslims in Muslim lands. A foundational text of the leading school of law in Sunni Islam, it provides essential insights into relations between Islamic nations and the larger world from their earliest days up to the present.

International Law and Islam

International Law and Islam PDF Author: Ignacio de la Rasilla del Moral
Publisher: BRILL
ISBN: 9004388370
Category : Law
Languages : en
Pages : 373

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Book Description
International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of International Law in a historical perspective.

Islamic Law and International Law

Islamic Law and International Law PDF Author: Emilia Justyna Powell
Publisher: Oxford University Press
ISBN: 0190064641
Category : Political Science
Languages : en
Pages : 352

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Book Description
There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries--and, to some extent, all Muslims--are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution. In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countries' international dealings. Powell considers why some of Islamic Law States accept international courts while others avoid them, stressing throughout that we cannot make blanket claims about such states. Each relationship is context-specific, hinging on the nature of the domestic legal system. Moreover, not all of these states are Islamic to the same degree or in the same way. Secular law and religious law fuse in different ways in different domestic legal systems. Often, the Islamic legal tradition points in one direction, while the Western-based, secularized international law points in another. However, Powell argues that Islamic legal tradition contains elements that are compatible with modern international law. She marshals original data on the legal systems structures in thirty Islamic Law States over the entire course of the post-World War Two era, and she draws from in-depth interviews with Islamic law scholars and leading practitioners of international law, including judges of the International Court of Justice. Rich in empirical evidence, this book will reshape how we think about the relationship between ILS and the international system.