Author : A. Al-Dawoody
Publisher : Palgrave Macmillan
Page : 0 pages
File Size : 31,74 MB
Release : 2015-07-15
Category : 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 : Majid Khadduri
Publisher : The Lawbook Exchange, Ltd.
Page : 334 pages
File Size : 37,19 MB
Release : 2006
Category : 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 : Anver M. Emon
Publisher : OUP Oxford
Page : 416 pages
File Size : 38,13 MB
Release : 2012-10-11
Category : 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 : Matthias Vanhullebusch
Publisher : BRILL
Page : 301 pages
File Size : 45,31 MB
Release : 2015-06-05
Category : Political Science
ISBN : 900429824X
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 : Richard A. Debs
Publisher : Columbia University Press
Page : 215 pages
File Size : 45,13 MB
Release : 2010-07-28
Category : History
ISBN : 0231520999
Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
Author : John Kelsay
Publisher : Westminster John Knox Press
Page : 164 pages
File Size : 39,24 MB
Release : 1993-01-01
Category : Religion
ISBN : 9780664253028
This book explores questions regarding the justice of war and addresses the lack of comparative perspectives on the ethics of war, particularly with respect to Islam. Focusing on the role of Islamic symbols in the rhetoric of Saddam Hussein, Kelsay provides an overview of the Islamic tradition regarding war and peace, and investigates the notion of religion as a just cause for war.
Author : Mashood A. Baderin
Publisher : Oxford University Press, USA
Page : 177 pages
File Size : 24,69 MB
Release : 2021
Category : 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
Page : 297 pages
File Size : 11,83 MB
Release : 2018-10-26
Category : 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 : John Kelsay
Publisher : Harvard University Press
Page : 284 pages
File Size : 37,69 MB
Release : 2007-11-30
Category : Philosophy
ISBN : 9780674026391
Jihad, with its many terrifying associations, is a term widely used today, though its meaning is poorly grasped. Few people understand the circumstances requiring a jihad, or "holy" war, or how Islamic militants justify their violent actions within the framework of the religious tradition of Islam. How Islam, with more than one billion followers, interprets jihad and establishes its precepts has become a critical issue for both the Muslim and the non-Muslim world. John Kelsay's timely and important work focuses on jihad of the sword in Islamic thought, history, and culture. Making use of original sources, Kelsay delves into the tradition of shari'a--Islamic jurisprudence and reasoning--and shows how it defines jihad as the Islamic analogue of the Western "just" war. He traces the arguments of thinkers over the centuries who have debated the legitimacy of war through appeals to shari'a reasoning. He brings us up to the present and demonstrates how contemporary Muslims across the political spectrum continue this quest for a realistic ethics of war within the Islamic tradition. Arguing the Just War in Islam provides a systematic account of how Islam's central texts interpret jihad, guiding us through the historical precedents and Qur'anic sources upon which today's claims to doctrinal truth and legitimate authority are made. In illuminating the broad spectrum of Islam's moral considerations of the just war, Kelsay helps Muslims and non-Muslims alike make sense of the possibilities for future war and peace.
Author : Gilles Kepel
Publisher : Harvard University Press
Page : 344 pages
File Size : 25,75 MB
Release : 2004-09-21
Category : Political Science
ISBN : 9780674015753
The events of September 11, 2001, forever changed the world as we knew it. In their wake, the quest for international order has prompted a reshuffling of global aims and priorities. In a fresh approach, Gilles Kepel focuses on the Middle East as a nexus of international disorder and decodes the complex language of war, propaganda, and terrorism that holds the region in its thrall. The breakdown of the Israeli-Palestinian peace process in 2000 was the first turn in a downward spiral of violence and retribution. Meanwhile, a neo-conservative revolution in Washington unsettled U.S. Mideast policy, which traditionally rested on the twin pillars of Israeli security and access to Gulf oil. In Saudi Arabia and Afghanistan, a transformation of the radical Islamist doctrine of Bin Laden and Zawahiri relocated the arena of terrorist action from Muslim lands to the West; Islamist radicals proclaimed jihad against their enemies worldwide. Kepel examines the impact of global terrorism and the ensuing military operations to stem its tide. He questions the United States' ability to address the Middle East challenge with Cold War rhetoric, while revealing the fault lines in terrorist ideology and tactics. Finally, he proposes the way out of the Middle East quagmire that triangulates the interests of Islamists, the West, and the Arab and Muslim ruling elites. Kepel delineates the conditions for the acceptance of Israel, for the democratization of Islamist and Arab societies, and for winning the minds and hearts of Muslims in the West.
