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Islamic Law And Transnational Diplomatic Law
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Book Synopsis Islamic Law and International Law by : Emilia Justyna Powell
Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press, USA. This book was released on 2019 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Book Synopsis Islamic Law and Transnational Diplomatic Law by : Muhammad-Basheer .A. Ismail
Download or read book Islamic Law and Transnational Diplomatic Law written by Muhammad-Basheer .A. Ismail and published by Springer. This book was released on 2016-04-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority.
Book Synopsis Islamic International Law by : Khaled Ramadan Bashir
Download or read book Islamic International Law written by Khaled Ramadan Bashir and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Islamic Law and International Human Rights Law by : Anver M. Emon
Download or read book Islamic Law and International Human Rights Law written by Anver M. Emon and published by OUP Oxford. This book was released on 2012-10-11 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Islamic Law written by Mashood A. Baderin and published by Oxford University Press, USA. This book was released on 2021 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law and Islam by : Ignacio de la Rasilla del Moral
Download or read book International Law and Islam written by Ignacio de la Rasilla del Moral and published by BRILL. This book was released on 2018-12-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Principles of Islamic International Criminal Law by : Farhad Malekian
Download or read book Principles of Islamic International Criminal Law written by Farhad Malekian and published by BRILL. This book was released on 2011-06-22 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Law and Islamic Law by : MashoodA. Baderin
Download or read book International Law and Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Islam and International Law written by and published by Martinus Nijhoff Publishers. This book was released on 2013-06-13 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Islamic Human Rights and International Law by : Glenn L. Roberts
Download or read book Islamic Human Rights and International Law written by Glenn L. Roberts and published by Universal-Publishers. This book was released on 2006-12 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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."
Book Synopsis Islamic Law and International Commercial Arbitration by : Maria Bhatti
Download or read book Islamic Law and International Commercial Arbitration written by Maria Bhatti and published by Routledge. This book was released on 2018-09-27 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.
Author :Mohammad Talaat Ghunaimi Publisher :Springer Science & Business Media ISBN 13 :9401195080 Total Pages :238 pages Book Rating :4.4/5 (11 download)
Book Synopsis The Muslim Conception of International Law and the Western Approach by : Mohammad Talaat Ghunaimi
Download or read book The Muslim Conception of International Law and the Western Approach written by Mohammad Talaat Ghunaimi and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Self-defense in Islamic and International Law by : N. Shah
Download or read book Self-defense in Islamic and International Law written by N. Shah and published by Springer. This book was released on 2008-03-17 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book argues that the concept of self-defense in Islamic and International law is compatible. Al-Qaeda's declaration of Jihad does not meet the Islamic legal test. Similarly, the invasion of Iraq does meet the international legal test.
Book Synopsis Toward an Islamic Reformation by : Abdullahi Ahmed An Na'im
Download or read book Toward an Islamic Reformation written by Abdullahi Ahmed An Na'im and published by Syracuse University Press. This book was released on 2019-01-31 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Toward an Islamic Reformation is an ambitious attempt to modernize Islamic law, calling for reform of the historical formulations of Islamic law, commonly known as Shari'a that is perceived by many Muslims to be part of the Islamic faith. As a Muslim, Abdullahi Ahmed An-Na'im is sensitive to and appreciative of the delicate relationship between Islam as a religion and Islamic law. Nevertheless, he considers that the questions raised here must be resolved if the public law of Islam is to be implemented today. An-Na'im draws upon the teachings and writings of Sudanese reformer Mahmoud Mohamed Taha to provide what some have called the intellectual foundations for a total reinterpretation of the nature and meaning of Islamic public law.
Book Synopsis Islamic Law and International Law by : Emilia Justyna Powell
Download or read book Islamic Law and International Law written by Emilia Justyna Powell and published by Oxford University Press. This book was released on 2019-10-18 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis International Human Rights and Islamic Law by : Mashood A. Baderin
Download or read book International Human Rights and Islamic Law written by Mashood A. Baderin and published by OUP Oxford. This book was released on 2003-09-11 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Religious Minorities, Islam and the Law by : Al Khanif
Download or read book Religious Minorities, Islam and the Law written by Al Khanif and published by Routledge. This book was released on 2020-09-03 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
