{"title":"Conclusion","authors":"E. J. Powell","doi":"10.1093/oso/9780190064631.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780190064631.003.0008","url":null,"abstract":"This chapter summarizes the main arguments and the main empirical findings, stressing the timeliness of insights gained through this inquiry. It situates this research in the broader international law and political science literature, discussing the implications for policymakers. However disconcerting the dissonance between the Islamic legal tradition and international law may appear, there are more similarities between these two legal systems than the policy world and the scholarship take into account. The chapter discusses the importance of Islamic education in shaping states’ preferences vis-à-vis international conflict management. The inherent diversity of the Islamic milieu cannot be overlooked. International dispute resolution is what states make of it and it is up to them to define these mechanisms. In an important way, international law constitutes a broad enough framework to grant ILS space to tailor conflict management venues to their own needs and preferences, as dictated by their domestic legal systems.","PeriodicalId":104529,"journal":{"name":"Islamic Law and International Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121464659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Islamic Law and International Law","authors":"E. J. Powell","doi":"10.1093/oso/9780190064631.001.0001","DOIUrl":"https://doi.org/10.1093/oso/9780190064631.001.0001","url":null,"abstract":"This chapter explores in considerable detail differences and similarities between the Islamic legal tradition and international law. It discusses in detail the historical interaction between these legal traditions, their co-evolution, and the academic conversations on this topic. The chapter also addresses the Islamic milieu’s contributions to international law, and sources of Islamic law including the Quran, sunna, judicial consensus, and analogical reasoning. It talks about the role of religion in international law. Mapping the specific characteristics of Islamic law and international law offers a glimpse of the contrasting and similar paradigms, spirit, and operation of law. This chapter identifies three points of convergence: law of scholars, customary law, and rule of law; as well as three points of departure: relation between law and religion, sources of law, and religious features in the courtroom (religious affiliation and gender of judges, holy oaths).","PeriodicalId":104529,"journal":{"name":"Islamic Law and International Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129181852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}