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| Author | : A. Al-Dawoody |
| Publisher | : Palgrave Macmillan |
| Total Pages | : 0 |
| Release | : 2015-07-15 |
| Genre | : Religion |
| ISBN | : 9781137540744 |
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 | : Niaz A Shah |
| Publisher | : Routledge |
| Total Pages | : 190 |
| Release | : 2011-03-03 |
| Genre | : Law |
| ISBN | : 1136824677 |
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 | : Anver M. Emon |
| Publisher | : OUP Oxford |
| Total Pages | : 416 |
| Release | : 2012-10-11 |
| Genre | : Law |
| ISBN | : 0191645702 |
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.
| Author | : Nesrine Badawi |
| Publisher | : BRILL |
| Total Pages | : 281 |
| Release | : 2019-10-01 |
| Genre | : History |
| ISBN | : 9004410627 |
In Islamic Jurisprudence on the Regulation of Armed Conflict: Text and Context, Nesrine Badawi argues against the existence of a “true” interpretation of the rules regulating armed conflict in Islamic law. In a survey of formative and modern seminal legal works on the subject, the author sheds light on the role played by the sociopolitical context in shaping this branch of jurisprudence and offers a detailed examination of the internal deductive structures of these works.
| Author | : Majid Khadduri |
| Publisher | : The Lawbook Exchange, Ltd. |
| Total Pages | : 334 |
| Release | : 2006 |
| Genre | : International law |
| ISBN | : 1584776951 |
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 | : Mashood A. Baderin |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 177 |
| Release | : 2021 |
| Genre | : Islamic law |
| ISBN | : 0199665591 |
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.
| Author | : Khaled Ramadan Bashir |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 297 |
| Release | : 2018-10-26 |
| Genre | : Law |
| ISBN | : 1788113861 |
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 | : Niaz A. Shah |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Jihad |
| ISBN | : 9781782545248 |
This important collection reveals a multiplicity of perspectives on the Islamic law of war and peace. Prefaced by an original introduction, the carefully selected works demonstrate how the concept of Jihad is interpreted or misinterpreted. They also examine the rules applicable during the conduct of armed conflict and the significance of peace and security within Islamic tradition. The collection provides valuable insights into the compatibility of the Islamic law of war and peace and the law of armed conflict, demonstrating how the former could minimise unnecessary human suffering during armed conflict. This book is an essential source of reference for everyone interested in this vital relationship.
| Author | : Farhad Malekian |
| Publisher | : BRILL |
| Total Pages | : 477 |
| Release | : 2011-06-22 |
| Genre | : Law |
| ISBN | : 9004203966 |
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.
| Author | : Georges Tamer |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 172 |
| Release | : 2021-09-07 |
| Genre | : Religion |
| ISBN | : 3110733137 |
For Jews, Christians and Muslims, as for all human beings, military conflicts and war remain part of the reality of the world. The authoritative writings of Judaism, Christianity and Islam, namely the Hebrew Bible, the New Testament and the Koran, as well as the theological and philosophical traditions based on them, bear witness to this fact. Showing the influence of different historical political situations, various views – sometimes quite similar, sometimes more divergent -- have developed in the three religions to justify the waging of war under certain circumstances. Such views have also been integrated in different ways into legal systems while, in certain cases, theologies have provide legitimation for military expansion and atrocities. The aim of the volume The Concept of Just War in Judaism, Christianity and Islam is to explore the respective understanding of “just war” in each one of these three religions and to make their commonalities and differences discursively visible. In addition, it highlights and explains the significance of the topic to the present time. Can the concepts developed in the Jewish, Christian and Islamic traditions in order to justify war, serve as a foundation for contemporary peace ethics? Or do religious arguments always add fuel to the fire in armed conflict? The contributions in this volume will help provide answers to these and other socially and politically relevant questions.
