Islam And International Law

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Islamic International Law

Khaled Ramadan Bashir
Islamic International Law Book PDF

Author : Khaled Ramadan Bashir
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 43,9 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 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 : 51,9 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.

Islam and International Law

Anonim
Islam and International Law Book PDF

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 488 pages
File Size : 40,5 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.

Islamic Human Rights and International Law

Glenn L. Roberts
Islamic Human Rights and International Law Book PDF

Author : Glenn L. Roberts
Publisher : Universal-Publishers
Page : 128 pages
File Size : 40,9 Mb
Release : 2006-12
Category : Law
ISBN : 9781581123470

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Islamic Human Rights and International Law by Glenn L. Roberts Pdf

Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women's rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of "Islamic human rights" that compete with and seek to displace "Western human rights." Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an "American customary-law-of-human-rights school" have responded with a new militant doctrine of "instant customary law" to aid the U.S. in its "war on terror," targeting the Sharia wherever encountered, and risking a global "war on Islam."

International Law and Islamic Law

MashoodA. Baderin
International Law and Islamic Law Book PDF

Author : MashoodA. Baderin
Publisher : Routledge
Page : 993 pages
File Size : 41,7 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.

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 : 42,8 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"--

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 : 50,7 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.

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 : 52,8 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.

Gender and Human Rights in Islam and International Law

Shaheen S. Ali
Gender and Human Rights in Islam and International Law Book PDF

Author : Shaheen S. Ali
Publisher : BRILL
Page : 380 pages
File Size : 50,9 Mb
Release : 2021-11-08
Category : Law
ISBN : 9789004479951

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Gender and Human Rights in Islam and International Law by Shaheen S. Ali Pdf

This important study offers a conceptual analysis of gender and human rights under Islamic law, state law and international law, and extends this analysis to a specific examination of the nature of women's rights in the Islamic tradition. It explores the disparity between the theoretical perspective on women's rights and its applications to Muslim jurisdictions, determined by elements of cultural practices, socio-economic realities and political expediences, and uses the example of Pakistan to demonstrate the divergence between the theory and practice of Islamic law in these jurisdictions. It discusses the concept of an emerging 'operative' Islamic law, which includes principles of Islamic law, secular codes and popular custom and usage.

Religious Minorities, Islam and the Law

Al Khanif
Religious Minorities Islam and the Law Book PDF

Author : Al Khanif
Publisher : Routledge
Page : 215 pages
File Size : 42,6 Mb
Release : 2020-09-03
Category : History
ISBN : 9781000168563

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Religious Minorities, Islam and the Law by Al Khanif Pdf

This book examines the legal conundrum of reconciling international human rights law in a Muslim majority country and identifies a trajectory for negotiating the protection of religious minorities within Islam. The work explores the history of religious minorities within Islam in Indonesia, which contains the world’s largest Muslim population, as well as the present-day ways by which the government may address issues through reconciling international human rights law and Islamic law. Given the context of multiple sets of religious norms in Indonesia, this is a complicated endeavour. In addition to amending and enacting human rights norms, the government is also negotiating with the long history of Islamisation in Indonesia. Particularly relevant is the practice of customary law, which puts the rights of community over individualism. This practice directly affects the rights of religious minorities within Islam. Readers, especially those conducting research, will also be provided with information and references which are relevant to the field of human rights, especially in relation to religious minorities and international law. The book will be a valuable resource for academics and researchers in the fields of International Human Rights Law, Law and Religion, and Islamic Studies.

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 : 40,8 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.

Women, Islam and International Law

Ekaterina Yahyaoui Krivenko
Women Islam and International Law Book PDF

Author : Ekaterina Yahyaoui Krivenko
Publisher : BRILL
Page : 281 pages
File Size : 53,5 Mb
Release : 2009
Category : Political Science
ISBN : 9789004171442

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Women, Islam and International Law by Ekaterina Yahyaoui Krivenko Pdf

Islam and womena (TM)s human rights entertain an uneasy relationship. Much has been written on the subject. This volume addresses it from a new perspective. It attempts to define some basis for constructive dialogue and interaction in the context of international law and, more precisely, in the context of participation of many Muslim States in the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. Having discovered a constructive potential in both Islam and womena (TM)s human rights, the author concentrates on the role which international law should play in promoting dialogue and constructive interaction. This is done mainly through analysis of the regime of reservations and of the practice of reservations developed in the context of Muslim Statesa (TM) participation in the CEDAW. The basic thesis defended is the following: Islam as articulated in the practice of States and womena (TM)s human rights, as reflected in international instruments, are both results of human activity. Their analysis in this study reveals more commonalities than one might expect. International law should be more attentive to their voices and more innovative in using these commonalities in order to promote constructive dialogue between them and thus help to improve the situation of women suffering from discrimination and inequalities.

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 : 52,7 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.

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 : 53,5 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.