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Muslim jurists historically recognised the validity of such ideas, and in fact endorsed such political practices, as respecting international treaties and arbitration, and the rights of people to seek justice through those means. Jurists wrote about and explained specific rulings and edicts, both in what is often referred to as classical times and in contemporary works. We shall see that this is a principle and practice that not only had merit, but is arguably mandatory today in order to redress wrongs and seek such necessities as stopping war crimes and genocides, or at least curtailing them as much as possible
Definition of justice and its scope is something about what legal and political philosophers could never reach a unified position throughout a history. In these days, many in the West are trying to present Islam and its law and justice as something utterly uncivilized, unjust, cruel, and outdated and of no use in modern world. Positivist's concept of justice that prevails in the world today, mostly based on temporary secular-materialistic values, is in the most of the cases opposed to the eternal principles and rules laid down by God Almighty. Justice according to the early proponents of Natural law, if not based on the universal values in itself is not justice, and as such is doomed to failure. Today we are witnessing the kind of global justice that threatens even to destroy humanity. The present article is an effort to find out the most suitable definition of justice according to the Islamic law, and present the concept of universality and scope of justice in Islam in a way to show the absolute God's principles and values are unchangeable and everlasting, and only rightful solution to be followed today.
The Threefold Need for Dialogue between Civilizations: to Heal the Wounds of Past Conflict, to Develop an Understanding of Common Interests and to Promote Cooperation in Building a Just and Harmonious Civilization for the Future of Humanity
Journal of The History of International Law, 2008
Th is article explores the validity of Muslim claims for a particularistic Islamic law of nations. Such claims include the normative rejection of current international law in whose creation and continued development colonised peoples had little active role. Yet irrespective of its geographic origin and alleged normative shortcomings, international law is primarily a modern phenomenon serving functional needs not attainable by pre-modern precursors. Discussing the nature of religious law and examining the incomplete reception of the institutional "package" of modernity, the article aims to highlight why historical models of Muslim international relations share the same shortfalls as other unilateral attempts by "universal states" to regulate inter-group relations. Th e demand for greater recognition of religious law both domestically and internationally is a phenomenon driven by dissatisfaction with the costs of the modernisation process. Th e appeal of religious law is based on its perception as a language of justice. Nevertheless, reliance on religious law is unlikely to yield satisfactory results in either practical or intellectual terms, and is unlikely to resolve the contradictions of the global modernisation process.
The journal of law and religion, 2010
Malaysian Journal of International Relations, 2021
It is widely known that most Muslim citizens of the Islamic law states (ILS) wholeheartedly commit to the Sharia. Some other Muslims living in Muslim majority states generally are also ethically and doctrinally bound to the Sharia because Muslims believe that the Sharia has always claimed absolute validity for Muslims as individuals. Muslims believe that Sharia is not a book of statute imposed by the state or any other institutional organs such as international regimes, but they rather perceive the Sharia as a moral and ethical guidance for Muslims. Thus, it has been known for years that the application of the Sharia has been generally in contention with human rights law because these two entities contain morality and ethical values.
2020
Legal rulings shape the relationship between individuals and society. In Islamic countries, due to the religious context, these rulings are implemented through a judiciary influenced by Islamic principles. This integration creates a complex dynamic, contrasting with "Western" models based on the three branches of government. The overlap between Islamic law and secular, positive law introduces unique challenges, particularly in efforts to align with human rights principles. Muslim scholars devoted significant efforts to establishing jurisprudence as a core Islamic science. However, they often did so without expanding it into a broader civilizational or cognitive science. This focus contributed to a scientific and practical gap in presenting an Islamic model of governance, largely due to misunderstandings about the relationship between religion and society. Additionally, the decline of "Ijtihad" (independent reasoning) and limitations in legislative innovation restricted the ability to develop new frameworks that balance Sharia with governance. Further complicating this issue, Orientalist perspectives and societal dependence on Western systems fostered a perceived divide between religion and the state within Islam. This article, using a qualitative approach, addresses two key questions: 1. What is the source of governance and its foundational principles in Islam? 2. How is jurisprudence related to concepts like guardianship, caliphate, and imamate, and how can the origins of governance in Islam be understood and defined?
Kardan Journal of Social Sciences and Humanities, 2018
Islamic law, within half a century of its birth, began to operate as international law. The Islamic empire came to be divided into many states extending from the Mediterranean up to the Far East with independent rulers usually called sultans. For the most part, they were all under the authority of a central caliphate or owed allegiance to it. It is this model that appears to have inspired modern international law. Even the concepts of "civilized" and "uncivilized" states show remarkable similarity with the dar al-Islam and dar al-harb. The international role of Islamic law has been dormant for many centuries due to colonization, but the time has come for the revival of this role. The growth of Muslim civilization, which will reach fifty percent of the world population within a hundred years, as well as the non-recognition of its principles by the body of international norms, will compel the reemergence of this law on the international scene.
Indonesian Journal of International Law, 2020
European Journal of International Law, 2013
n this paper, we discuss the trajectory of modern Islamic legal discourse on jus ad bellum questions, challenging the ideas that the choice is between either a defensive or an aggressive jihad doctrine, and that declaring and waging war is regarded in Islamic law as properly a matter to be monopolized by legitimate state authorities. The dominant modern doctrine of just war in Islamic legal thought is not quite as simple as a bare doctrine of mutual non-aggression. While it is understandable that many Muslims have been eager to conclude that the proper understanding of jihad in Islam is that it authorizes only defensive or humanitarian war, virtually indistinguishable from modern international norms, the reality of modern Islamic just war thinking is somewhat more interesting than this. In this paper, we introduce a third modern Islamic concept of just war that would permit war against a country that does not allow for peaceful proselytization of Islam within its borders, and discuss some of the ambiguities of this doctrine.
Proceedings of the ASIL Annual Meeting, 2004
American Journal of Islam and Society, 2001
This work grew out of a series of lectures that were delivered over atwo-year period between 1996 and 1998 at the Centre of Islamic andMiddle Eastern Law (CIMEL) at the School of Oriental and AfricanStudies (SOAS), University of London, on the genera] subject of the rule oflaw in the Middle East and Islamic countries. Subsequently, materials wereadded dealing particularly with issues relating to human rights law. Thecontributors to this work are a combination of legal academics, human rights activists, lawyers and judges, who hale from various countries in theArab world, Iran, the United States, Great Britain and Germany.There are a total of fourteen separate chapters, of varying length andquality. The book is not lengthy - including notes and authors’ biographies,it is 180 pages long. The average length of each chapter is between ten andfifteen pages. Despite the diversity of countries surveyed, all the essays areconcerned with generic questions regarding the rule of law, whether i...
Journal of Islamic Studies, 2010
Kardan Journal of Social Sciences and Humanities , 2018
Modern scholars generally initiate history of almost all of the social sciences-related discourses with the ancient Greeks and the Romans and then jump to the modern era, thus other nations and civilizations are overlooked. The same happens with the international law discourse. Scholars of international law trace back the modern law of nations to the ancient Greeks and the Romans, while they both had no proper international law. On the other hand, Islamic Law of Nations 1-which is a rich source of a proper international law-is omitted. The present paper explores definition, early development and sources of Muslim International Law in which it argues that Islamic International Law was developed as a separate branch of law by eighth-century Muslim jurists. It similarly explains the nature of the science of siyar, in which, it explores the vital characteristics of Islamic Law of Nations, which international law lacks, such as divinity, justice and stability. Then, this paper discusses the reality of bifurcation of the world into dar al-Islam as well as dar al-harb and its relations with the theory of perpetual war, in which it contends that it is merely for the purpose of defining jurisdiction. Finally, for those who are interested in further studying the subject, the paper provides a general literature review.
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