Islamic Law and International Law
Peaceful Resolution of Disputes
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Product details:
- Publisher OUP USA
- Date of Publication 7 February 2023
- ISBN 9780197643020
- Binding Paperback
- No. of pages328 pages
- Size 154x236x20 mm
- Weight 463 g
- Language English
- Illustrations 20 261
Categories
Short description:
Islamic Law and International Law provides a comprehensive comparison of the Islamic legal tradition and international law, especially in the context of dispute settlement. Do states of the Islamic milieu avoid international courts? How do they view mediation and arbitration? Is Islamic legal tradition incompatible with international law? The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular and religious laws fuse in domestic legal systems across the Islamic milieu. States are not Islamic to the same degree or in the same way. Consequently, different international conflict management methods appeal to different states.
MoreLong description:
There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries--and, to some extent, all Muslims--are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution.
In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countries' international dealings. Powell considers why some of Islamic Law States accept international courts while others avoid them, stressing throughout that we cannot make blanket claims about such states. Each relationship is context-specific, hinging on the nature of the domestic legal system. Moreover, not all of these states are Islamic to the same degree or in the same way. Secular law and religious law fuse in different ways in different domestic legal systems.
Often, the Islamic legal tradition points in one direction, while the Western-based, secularized international law points in another. However, Powell argues that Islamic legal tradition contains elements that are compatible with modern international law. She marshals original data on the legal systems structures in thirty Islamic Law States over the entire course of the post-World War Two era, and she draws from in-depth interviews with Islamic law scholars and leading practitioners of international law, including judges of the International Court of Justice. Rich in empirical evidence, this book will reshape how we think about the relationship between ILS and the international system. The book has been reviewed in more than 25 outlets, including 16 countries, to extensive praise.
This book is a novel contribution to the debates regarding the legitimacy of the international system and it provides a coherent argument for expanding the understanding, recognition, and participation of different legal cultures in the international order.
Table of Contents:
List of Figures
List of Tables
CHAPTER ONE: Introduction
CHAPTER TWO: International Law, Islamic Law, and Islamic Law States
CHAPTER THREE: Islamic Law and International Law: Similarities and Differences
CHAPTER FOUR: A Theory of Islamic Peaceful Resolution of Disputes
CHAPTER FIVE: Islamic Law States and Peaceful Resolution of Territorial Disputes
CHAPTER SIX: Islamic Law States and the International Court of Justice
CHAPTER SEVEN: Legal Schools and Regions
CHAPTER EIGHT: Conclusion
References
Index
