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Author : IBP USA
Publisher : Lulu.com
Page : 278 pages
File Size : 42,5 Mb
Release : 2009-03-20
Category : Business & Economics
ISBN : 9781438724720
2011 Updated Reprint. Updated Annually. Islamic International Law and Jihad (War) Law Handbook
Author : IBP, Inc.
Publisher : Lulu.com
Page : 278 pages
File Size : 47,9 Mb
Release : 2017-12-19
Category : Business & Economics
ISBN : 9781433025358
2011 Updated Reprint. Updated Annually. Islamic International Law and Jihad (War) Law Handbook
Author : Onder Bakircioglu
Publisher : Routledge
Page : 221 pages
File Size : 51,9 Mb
Release : 2014-10-30
Category : Law
ISBN : 9781134091638
The question of how Islamic law regulates the notions of just recourse to and just conduct in war has long been the topic of heated controversy, and is often subject to oversimplification in scholarship and journalism. This book traces the rationale for aggression within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad. The book reveals that there has never been a unified position on what Islamic warfare tangibly entails, due to the complexity of relevant sources and discordant historical dynamics that have shaped the contours of jihad. Onder Bakircioglu advocates a dynamic reading of Islamic law and military tradition; one which prioritises the demands of contemporary international relations and considers the meaning and application of jihad as contingent on the socio-political forces of each historical epoch. This book will be of great interest to scholars and students of international law, Islamic law, war and security studies, and the law of armed conflict.
Author : Matthias Vanhullebusch
Publisher : BRILL
Page : 301 pages
File Size : 43,6 Mb
Release : 2015-06-05
Category : Political Science
ISBN : 9789004298248
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.
Author : Majid Khadduri
Publisher : The Lawbook Exchange, Ltd.
Page : 334 pages
File Size : 50,9 Mb
Release : 2006
Category : International law
ISBN : 9781584776956
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
Author : A. Al-Dawoody
Publisher : Springer
Page : 374 pages
File Size : 54,8 Mb
Release : 2011-03-28
Category : Religion
ISBN : 9780230118089
Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.
Author : Larry May
Publisher : Cambridge University Press
Page : 369 pages
File Size : 52,5 Mb
Release : 2018-02-15
Category : Law
ISBN : 9781107152496
A comprehensive exploration of contemporary debates in Just War Theory, addressing moral, political, and legal issues.
Author : Omar Mekky
Publisher : Oxford University Press
Page : 273 pages
File Size : 45,9 Mb
Release : 2023-07-21
Category : Law
ISBN : 9780198888437
The rapid rise of global Islamic Jihadism in the past few decades and the limited success of the anti-terror campaign in halting its expansion have raised hard-hitting questions about how different political actors might preserve and restore the world's peace and security. Since the end of the Second World War, international law has often been the chief instrument employed to address global conundrums of this kind. Nevertheless, international law alone cannot solve this problem. Jihadist groups often cite Islamic law argumentations to justify their combat-related actions against states while rejecting traditional international law rules. On the other hand, some states themselves ignore traditional international law rules to apply their so-called "counterterrorism" measures. The internationally recognized laws of war - created to protect those who do not participate in hostilities - are constantly challenged by jihadist groups and responding states in justification of their combat actions. In Islamic Jihadism and the Laws of War , Dr Omar Mekky explores both sides' legal frameworks, synthesising findings from both English and Arabic sources. Drawing from the author's field expertise as a legal advisor in the Middle East and North Africa, the book narrates how Islamic Jihadism began and evolved, outlines the laws jihadists apply during combat, addresses how states often react in their fights against jihadist groups, and aims for a pragmatic humanitarian legal formula. An essential resource for legal professionals, policymakers, academics, and students, Mekky's book initiates a constructive dialogue between international law and Islamic law.
Author : MashoodA. Baderin
Publisher : Routledge
Page : 993 pages
File Size : 49,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351562324
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.
Author : Mohammad Talaat Ghunaimi
Publisher : Springer Science & Business Media
Page : 238 pages
File Size : 45,5 Mb
Release : 2012-12-06
Category : Law
ISBN : 9789401195089
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.
Author : Niaz A Shah
Publisher : Taylor & Francis
Page : 177 pages
File Size : 50,6 Mb
Release : 2011-03-03
Category : History
ISBN : 9781136824685
Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.
Author : Muḥammad ibn al-Ḥasan Shaybānī
Publisher : Islamic Research Institute International Islamic University
Page : 224 pages
File Size : 42,7 Mb
Release : 1998
Category : International law (Islamic law)
ISBN : STANFORD:36105118037915
Author : Ḥilmī Zawātī
Publisher : Edwin Mellen Press
Page : 248 pages
File Size : 46,5 Mb
Release : 2001
Category : International law
ISBN : 0773473041
This work is an analytical study of jihad (just war) which helps to focus the attention of human rights and minority groups to a cause that should have been a focal point of their concern for several decades now. The concept of jihad has sometimes been abused by irresponsible leaders within the Islamic world and used to inflame the passions of those for whom the richness of Islamic law is reduced to slogans and billboards. Similarly, jihad has been invoked by Western analysts who are completely ignorant of the Islamic tradition, to justify assertions of evil intent on the part of millions of the Muslim faithful. Zawati analyzes both Western and Islamic legal concepts and attempts to point a way out of this mess. He draws on primary sources, including books, articles and official documents, and his book should be interesting reading for Muslims who seek to better define their relations with the non-Muslim world, and for anyone wishing to escape the caricature of orientalism and the end-game of clashing civiizations.
Author : Khaled Ramadan Bashir
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 42,5 Mb
Release : 2018-10-26
Category : Religion
ISBN : 9781788113861
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.
Author : Ignacio de la Rasilla del Moral,Ayesha Shahid
Publisher : BRILL
Page : 373 pages
File Size : 48,9 Mb
Release : 2018-12-10
Category : Law
ISBN : 9789004388376
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.
