International Law And Islamic Law

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Islamic Law and International Law

Emilia Justyna Powell
Islamic Law and International Law Book PDF

Author : Emilia Justyna Powell
Publisher : Oxford University Press, USA
Page : 329 pages
File Size : 45,5 Mb
Release : 2019
Category : Law
ISBN : 9780190064631

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Islamic Law and International Law by Emilia Justyna Powell Pdf

"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

Khaled Ramadan Bashir
Islamic International Law Book PDF

Author : Khaled Ramadan Bashir
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 55,7 Mb
Release : 2018-10-26
Category : Religion
ISBN : 9781788113861

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Islamic International Law by Khaled Ramadan Bashir Pdf

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.

International Law and Islamic Law

MashoodA. Baderin
International Law and Islamic Law Book PDF

Author : MashoodA. Baderin
Publisher : Routledge
Page : 993 pages
File Size : 51,8 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351562324

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International Law and Islamic Law by MashoodA. Baderin Pdf

The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.

Islamic Law

Mashood A. Baderin
Islamic Law Book PDF

Author : Mashood A. Baderin
Publisher : Oxford University Press, USA
Page : 177 pages
File Size : 44,7 Mb
Release : 2021
Category : Islamic law
ISBN : 9780199665594

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Islamic Law by Mashood A. Baderin Pdf

Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.

International Law and Muslim States

Dawood Adesola Hamzah
International Law and Muslim States Book PDF

Author : Dawood Adesola Hamzah
Publisher : Islamic Law in Context
Page : 0 pages
File Size : 47,9 Mb
Release : 2023-05-31
Category : Conflict of laws
ISBN : 0367679191

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International Law and Muslim States by Dawood Adesola Hamzah Pdf

This book analyses the general interaction between international law and Islamic law in the Muslim world today. It interrogates factors that often form the root of the tension between the two legal regimes. Literalist interpretations of Islamic law and the modern international law's disposition that does not give due consideration to differences among cultures and civilizations are some of these factors. This work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur'an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism, and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations, is faced with the imperative of adopting a liberal approach to interpretation of Islamic law, with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-à-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic law, international and comparative law, human rights law, and law and religion.

Islam and International Law

Anonim
Islam and International Law Book PDF

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 488 pages
File Size : 50,7 Mb
Release : 2013-06-13
Category : Religion
ISBN : 9789004233362

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Islam and International Law by Anonim Pdf

Islam and International Law explores the multi-faceted relationship of Islam and international law. Current debates on Sharia, Islam and the “West” often suffer from prejudice and platitudes. The book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds.

International Law and Islam

Ignacio de la Rasilla del Moral,Ayesha Shahid
International Law and Islam Book PDF

Author : Ignacio de la Rasilla del Moral,Ayesha Shahid
Publisher : BRILL
Page : 373 pages
File Size : 54,8 Mb
Release : 2018-12-10
Category : Law
ISBN : 9789004388376

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International Law and Islam by Ignacio de la Rasilla del Moral,Ayesha Shahid Pdf

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 Human Rights Law

Anver M. Emon,Mark Ellis,Benjamin Glahn
Islamic Law and International Human Rights Law Book PDF

Author : Anver M. Emon,Mark Ellis,Benjamin Glahn
Publisher : OUP Oxford
Page : 416 pages
File Size : 49,9 Mb
Release : 2012-10-11
Category : Law
ISBN : 9780191645709

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Islamic Law and International Human Rights Law by Anver M. Emon,Mark Ellis,Benjamin Glahn Pdf

The relationship between Islamic law and international human rights law has been the subject of considerable, and heated, debate in recent years. The usual starting point has been to test one system by the standards of the other, asking is Islamic law 'compatible' with international human rights standards, or vice versa. This approach quickly ends in acrimony and accusations of misunderstanding. By overlaying one set of norms on another we overlook the deeply contextual nature of how legal rules operate in a society, and meaningful comparison and discussion is impossible. In this volume, leading experts in Islamic law and international human rights law attempt to deepen the understanding of human rights and Islam, paving the way for a more meaningful debate. Focusing on central areas of controversy, such as freedom of speech and religion, gender equality, and minority rights, the authors examine the contextual nature of how Islamic law and international human rights law are legitimately formed, interpreted, and applied within a community. They examine how these fundamental interests are recognized and protected within the law, and what restrictions are placed on the freedoms associated with them. By examining how each system recognizes and limits fundamental freedoms, this volume clears the ground for exploring the relationship between Islamic law and international human rights law on a sounder footing. In doing so it offers a challenging and distinctive contribution to the literature on the subject, and will be an invaluable reference for students, academics, and policy-makers engaged in the legal and religious debates surrounding Islam and the West.

The Muslim Conception of International Law and the Western Approach

Mohammad Talaat Ghunaimi
The Muslim Conception of International Law and the Western Approach Book PDF

Author : Mohammad Talaat Ghunaimi
Publisher : Springer Science & Business Media
Page : 238 pages
File Size : 54,6 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401195089

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The Muslim Conception of International Law and the Western Approach by Mohammad Talaat Ghunaimi Pdf

The traditional doctrine of Islamic law in regard to international re lations is well known. The Shari'a includes many excellent provisions about declarations of war, treaties of peace, armistices, diplomatic envoys, negotiations and guarantees of safe conduct. But the fact remains that it divides the world, broadly speaking, into the "Abode of Islam" and the "Abode of 'War," and that it envisages the continu ance of intermittent war between them until the latter is absorbed in the former. In the course of such fighting, and in the intervals in be tween, many civilities were to be meticulously observed; but prisoners of war could be killed, sold or enslaved at the discretion of the Muslim authorities, and the women of those who resisted the advance of Islam could be taken as slave-concubines, regardless of whether they were single or married. The "Abode of Islam" did not, indeed, consist ex clusively of Muslims, for those whose religion was based on a book accepted by Islam as originally inspired and in practice, indeed, those other religions too - were not forced to embrace Islam but only to accept Muslim rule. They were granted the status of dhimmis, were protected in their persons and their property, were allowed to follow their own religion in an unobtrusive fashion, and were accorded the position of essentially second-class citizens. They were also of course, perfectly free to embrace Islam; but for a Muslim to be converted to another faith involved the death penalty.

International Human Rights and Islamic Law

Mashood A. Baderin
International Human Rights and Islamic Law Book PDF

Author : Mashood A. Baderin
Publisher : OUP Oxford
Page : 302 pages
File Size : 40,7 Mb
Release : 2003-09-11
Category : Law
ISBN : 9780191021824

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International Human Rights and Islamic Law by Mashood A. Baderin Pdf

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.

Principles of Islamic International Criminal Law

Farhad Malekian
Principles of Islamic International Criminal Law Book PDF

Author : Farhad Malekian
Publisher : BRILL
Page : 477 pages
File Size : 46,9 Mb
Release : 2011-06-22
Category : Law
ISBN : 9789004203969

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Principles of Islamic International Criminal Law by Farhad Malekian Pdf

The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.

Human Rights Commitments of Islamic States

Paul McDonough
Human Rights Commitments of Islamic States Book PDF

Author : Paul McDonough
Publisher : Bloomsbury Publishing
Page : 305 pages
File Size : 42,7 Mb
Release : 2021-01-07
Category : Political Science
ISBN : 9781509919710

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Human Rights Commitments of Islamic States by Paul McDonough Pdf

This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.

International Law and Islam

Ignacio de la Rasilla,Ayesha Shahid
International Law and Islam Book PDF

Author : Ignacio de la Rasilla,Ayesha Shahid
Publisher : Brill's Arab and Islamic Laws
Page : 361 pages
File Size : 43,9 Mb
Release : 2019
Category : Law
ISBN : 9004388281

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International Law and Islam by Ignacio de la Rasilla,Ayesha Shahid Pdf

International Law and Islam: Historical Explorationsoffers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after 'generations of prejudiced writing' regarding the notable contribution of Islam to international law and its history.

War and Law in the Islamic World

Matthias Vanhullebusch
War and Law in the Islamic World Book PDF

Author : Matthias Vanhullebusch
Publisher : BRILL
Page : 301 pages
File Size : 54,9 Mb
Release : 2015-06-05
Category : Political Science
ISBN : 9789004298248

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War and Law in the Islamic World by Matthias Vanhullebusch Pdf

A three-part investigation on the origins and evolving roles that Islamic law and international humanitarian law have played in regulating conflict and violence, War and Law in the Islamic World brings to light legal and policy complexities that plague modern-day armed conflict in the region.

Religion and International Law

Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter
Religion and International Law Book PDF

Author : Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter
Publisher : BRILL
Page : 397 pages
File Size : 42,9 Mb
Release : 2018-08-23
Category : Law
ISBN : 9789004349155

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Religion and International Law by Robert Uerpmann-Wittzack,Evelyne Lagrange,Stefan Oeter Pdf

Living together explores international law responses to the challenges of growing religious antagonisms. Building on historic concepts, it looks at the role of religious institutions and religious law before examining the contribution of human rights bodies and particular human rights.