Islam and International-Law explores the complex and multi-faceted relationship of international law and Islam both as a religion and a legal order. Current debates on Sharia, Islam and the "West" often suffer from prejudice, platitudes, and stereotypes of both sides. The present book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographical background. The volume thus brings together 20 contributions from scholars who cover pressing issues in fields such as the use of force in Islamic international law, Islam's contribution to the development of diplomacy and the rule of law, controversies as to the role of the individual, human rights and international criminal law, as well as Islamic visions, of world order in a globalizing world.
About the Author
Marie-Luisa Frick, Dr., Assistant Professor at the Department of Philosophy,University of Innsbruck. Her fields of research are human rights, ethics, philosophy of law and religion. Her publications include: (ed. with Andreas Oberprantacher) Power and Justice in International Relations (Ashgate, 2009). Andreas Th. Müller, Dr., LL.M. (Yale), Assistant Professor at the Department of European Law and Public International Law, University of Innsbruck. His fields of research are international human rights law and international humanitarian law. international criminal law, and philosopy and theory of law.
Table of Contents
TABLE OF CONTENTS1. Introducing an Intricate Relationship, Marie-Luisa Frick & Andreas Th. Müller2. Islam and International Law, Awn S. Al-KhasawnehI. THE USE OF FORCE: CONTESTED VIEWS ON THE JUS AD BELLUM AND THE JUS IN BELLO IN ISLAMIC INTERNATIONAL LAW3. The Siyar Laws of Aggression: Juridical Re-interpretations of Qur’ānic Jihād and Their Contemporary Implications for International Law, Asma Afsaruddin4. Meaning and Method of the Interpretation of Sunnah in the Field of Siyar: A Reappraisal, Mohd Hisham Mohd Kamal5. Apostasy as a Matter of Islamic International Law, Necmettin Kizilkaya6. Suicide Attacks: Martyrdom Operations or Acts of Perfidy?, Muhammad MunirII. FOSTERING PEACE IN INTERNATIONAL RELATIONS NOW AND THEN: DIPLOMACY AND RULE OF LAW AS A GENUINE CONTRIBUTION OF ISLAMIC INTERNATIONAL LAW?7. Islamic Diplomacy: Views of the Classical Jurists, Labeeb Ahmed Bsoul8. Al-Shaybānī and Amān: Treatment of Foreigners in the Classical Islamic State with Special Focus on Diplomatic Envoys, Khaled Ramadan Bashir9. The Ottoman Empire and the Institutionalization of European Diplomacy, 1500-1700, Harriet Rudolph10. Promoting the Rule of Law: UN, OIC and ILA Initiatives Approaching Islamic Law, Irmgard MarboeIII. ISLAM AND THE INDIVIDUAL: CHALLENGES OF AND TO ISLAMIC INTERNATIONAL LAW IN CONTEMPORARY HUMAN RIGHTS DISCOURSES11. New Muslim Perspectives in the Human Rights Debate, Abdulmumini A. Oba12. The Sharī‘ah, International Human Rights Law and the Right to Hold Opinions and Free Expression: After Bilour’s Fatwā, Javaid Rehman13. Religious Considerations in International Legal Discourse – The Example of Religious Defamation, Lorenz Langer14. Muslim States and the Implementation of the Convention on the Rights of the Child: With Special Reference to Malaysia, Abdul Ghafur Hamid @ Khin Maung Sein15. Islamic Law and International Protection of Minority Rights in Context, Mashood A. BaderinIV. INTERNATIONAL CRIMES AS A COMMON CONCERN OF THE INTERNATIONAL COMMUNITY: BRIDGING DIVIDES OR PROVOKING CLASHES?16. Islamic Law and International Criminal Law, Markus P. Beham17. Islamic Criminal Procedure and the Principle of Complementarity of the International Criminal Court, Matthias CernuscaV. ISLAMIC IDENTITY AND WORLD ORDER: RECONSIDERING ISLAMIC INTERNATIONAL LAW IN LIGHT OF THE REALITIES OF A GLOBALIZING WORLD18. Islam and Islamic Law in Contemporary International Relations, Maurits S. Berger19. Islamic Views of Global Order and their Impact on International Law , Gregor Novak20. Islam and the Future of the International Community, Muddathir ‘Abd al-Raḥīm