International Law and Islam最新文献

{"title":"The Basis of Obligation in Treaties of Ancient Cultures – Pactum Est Servandum?","authors":"R. Kolb","doi":"10.1163/9789004388376_007","DOIUrl":"https://doi.org/10.1163/9789004388376_007","url":null,"abstract":"","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125489311","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":"In Search of the Lost Influence: Islamic Thinkers and the Spanish Origins of International Law","authors":"Ignacio Forcada Barona","doi":"10.1163/9789004388376_009","DOIUrl":"https://doi.org/10.1163/9789004388376_009","url":null,"abstract":"","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116281788","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":"The Protean Historical Mirror of International Law","authors":"Ignacio de la Rasilla","doi":"10.1163/9789004388376_003","DOIUrl":"https://doi.org/10.1163/9789004388376_003","url":null,"abstract":"","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124255846","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":"On the Abodes of War and Peace in the Islamic Law of War: Fact or Fiction?","authors":"Matthias Vanhullebusch","doi":"10.1163/9789004388376_014","DOIUrl":"https://doi.org/10.1163/9789004388376_014","url":null,"abstract":"","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122484913","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":"Khadduri as Gatekeeper of the Islamic Law of Nations?","authors":"Jean Allain","doi":"10.1163/9789004388376_008","DOIUrl":"https://doi.org/10.1163/9789004388376_008","url":null,"abstract":"This chapter demonstrates the discrepancy between Majid Khadduri’s representation of Muhammad Shaybani and the Siyar – the Islamic Law of Nations – in his 1966 The Islamic Law of Nations, and that found in Mahmood Ahmad Ghazi’s 1998 translation of Shaybani introductory text, The Shorter Book. The richness of the latter text speaks to a foundational work which deserves a place amongst the ‘classics of international law’ and should establish the existence of a pre-Columbian genealogy of international law beyond doubt. \u0000 \u0000What follows in this chapter is an examination of Shaybani, the person, and his oeuvre, with special emphasis on Kitab al Siyar al Saghir as translated by Ghazi. The chapter demonstrated that it is only with the emergence of Ghazi’s The Shorter Book of Muslim International Law, that international legal scholars of the English-language world can come to appreciate and engage with a text that was written more than twelve centuries ago. By so doing, these international jurists will come to recognise that Muhammad Shaybani is second to none in the pantheon of classic international jurists; as the first to provide a systematic account of international law, more than eight centuries before Hugo Grotius’ Iure Belli ac Pacis of 1625.","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"704 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116964939","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":"The Origins and Evolution of Islamic Law of Rebellion: Its Significance to the Current International Humanitarian Law Discourse","authors":"M. Badar, Ahmed Al-Dawoody, N. Higgins","doi":"10.1163/9789004388376_015","DOIUrl":"https://doi.org/10.1163/9789004388376_015","url":null,"abstract":"The world has witnessed a number of uprisings against governmental authority in recent years, particularly in the Arab world. Such challenges to state authority have been met with seemingly unfettered force by government troops. The violent clashes that have ensued have left hundreds of thousands dead and wounded. The aim of this chapter is to ascertain why the force employed by government forces against rebels is not limited. It therefore focuses on the law relating to rebellion and analyses the protections and rights granted to rebels under customary international law, international humanitarian law and Islamic law. It seeks to analyse whether gaps in the international humanitarian law regime can be filled with reference to principles of Islamic law of rebellion. The chapter starts with brief discussion of the right to rebel before analysing rights which accrued to rebels under customary international law. It continues with a discussion on the rights of rebels under the Geneva Conventions and their Additional Protocols before analysing the rights of rebels under Islamic law.","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121841879","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":"Islam and the Global Turn in the History of International Law","authors":"Ignacio de la Rasilla","doi":"10.1163/9789004388376_002","DOIUrl":"https://doi.org/10.1163/9789004388376_002","url":null,"abstract":"","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121995625","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":"An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions","authors":"A. Shahid","doi":"10.1163/9789004388376_005","DOIUrl":"https://doi.org/10.1163/9789004388376_005","url":null,"abstract":": In recent decades there has been a growing interest in global histories in many parts of the world. Exploring a ‘global history of international law’ is comparatively a recent phenomenon that has attracted the attention of international lawyers and historians. However most scholarly contributions that deal with the history of international law end-up in perpetuating Western Self-centrism and Euro-centrism. International law is often presented in the writings of international law scholars as a product of Western Christian states and applicable only between them. These scholars insist that the origins of modern (Post-Westphalian) international law lie in the state practice of the European nations of the sixteenth and seventeenth century. This approach that considers only old Christian states of Western Europe to be the original international community is exclusionary, since it fails to recognize and engage with other legal systems including the Islamic legal traditions. This chapter through the writings of eminent classic and contemporary Islamic jurists explores the development of As Siyar( Islamic international law ) within the Islamic legal tradition and attempts to address the existing gaps in the global history of international law project.","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130735775","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":"The Other ‘Other’: Moors, International Law and the Origin of the Colonial Matrix","authors":"Pierre-Alexandre Cardinal, F. Mégret","doi":"10.1163/9789004388376_010","DOIUrl":"https://doi.org/10.1163/9789004388376_010","url":null,"abstract":"Historiographies of international law highlight as the beginning of this “inter-national” set of binding rules the Reformation and the way it tore at the very fabric of Christian unity by exposing seemingly incommensurable (while hermeneutically similar) world views. Others go further and point to the Renaissance and the early modern periods as at least containing the seeds of an international legal order in the making. In particular the beginning of international law is located in the writings of the Spanish post-scholastics of the Salamanca school, essentially Dominicans and Jesuits reflecting on Aquinas’ rendition of natural law. The “Other” of International Law, therefore, is conceived as being the Indian of the Americas, one whose encounter powerfully contributed to the shaping of an international system becoming aware of his radical difference. \u0000Still, international law’s debt to its encounter with its Muslim Other, despite its evident linkages to early modernity, remains curiously absent from the discipline’s historiography. At no point are the “Re-”Conquista and medieval Europe’s continued dealings with Muslims in its midst and on its frontiers mentioned, as if the “discovery” alone marked a fundamental break in the normative interactions between people. Why is this initial and even foundational hinging moment neglected? What does it say about the writing of the history of international law? That it is conspicuously not a history of the relation of Europe with its Islamic other, perhaps even a tentative erasure of that relation? \u0000This essay seeks to challenge the accepted historiography of the discipline, with specific regard to Europe’s relations with the people of Islam, and those they perceived as the people of Islam. The general guiding thread of the argument is that international law, at its inception, was a discourse that enforced a structure of power for the justification of conquest and control of Europe’s normatively divergent “Other.” Conceptually, we propose to use Peruvian Philosopher Anibal Quijano’s theorization of the “matrix of coloniality” as a reifying structure of power, and thus of the inherent relationship between the project of modernity and the domination of the Other. We claim that the structure of the “matrix of coloniality” arguably emerged long before the “Re-”Conquista, while that event significantly helped shape its unfolding and arguably paved the way for the other conquista, that of the Americas.","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127054575","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":"How Should International Lawyers Study Islamic Law and Its Contribution to International Law?","authors":"M. Burgis-Kasthala","doi":"10.1163/9789004388376_004","DOIUrl":"https://doi.org/10.1163/9789004388376_004","url":null,"abstract":"","PeriodicalId":183974,"journal":{"name":"International Law and Islam","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123111429","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}