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 on both sides. The present book seeks to engage such self-centrism by providing a plurality of perspectives, both in terms of interdisciplinary research and geographic backgrounds. 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.
Contributors: Awn S. Al-Khasawneh, Asma Afsaruddin, Mohd Hisham Mohd Kamal, Necmettin Kizilkaya, Muhammad Munir, Labeeb Ahmed Bsoul, Khaled Ramadan Bashir, Harriet Rudolph, Irmgard Marboe, Abdulmumini A. Oba, Javaid Rehman, Lorenz Langer, Abdul Ghafur Hamid @ Khin Maung Sein, Mashood A. Baderin, Markus Beham, Matthias Cernusca, Maurits S. Berger, Gregor Novak, Muddathir Abdel-Rahim.
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
1. Introducing an Intricate Relationship, Marie-Luisa Frick & Andreas Th. Müller
2. Islam and International Law, Awn S. Al-Khasawneh
I. THE USE OF FORCE: CONTESTED VIEWS ON THE JUS AD BELLUM AND THE JUS IN BELLO IN ISLAMIC INTERNATIONAL LAW
3. The Siyar Laws of Aggression: Juridical Re-interpretations of Qur’ānic Jihād and Their Contemporary Implications for International Law, Asma Afsaruddin
4. Meaning and Method of the Interpretation of Sunnah in the Field of Siyar: A Reappraisal, Mohd Hisham Mohd Kamal
5. Apostasy as a Matter of Islamic International Law, Necmettin Kizilkaya
6. Suicide Attacks: Martyrdom Operations or Acts of Perfidy?, Muhammad Munir
II. 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 Bsoul
8. Al-Shaybānī and Amān: Treatment of Foreigners in the Classical Islamic State with Special Focus on Diplomatic Envoys, Khaled Ramadan Bashir
9. The Ottoman Empire and the Institutionalization of European Diplomacy, 1500-1700, Harriet Rudolph
10. Promoting the Rule of Law: UN, OIC and ILA Initiatives Approaching Islamic Law, Irmgard Marboe
III. ISLAM AND THE INDIVIDUAL: CHALLENGES OF AND TO ISLAMIC INTERNATIONAL LAW IN CONTEMPORARY HUMAN RIGHTS DISCOURSES
11. New Muslim Perspectives in the Human Rights Debate, Abdulmumini A. Oba
12. The Sharī‘ah, International Human Rights Law and the Right to Hold Opinions and Free Expression: After Bilour’s Fatwā, Javaid Rehman
13. Religious Considerations in International Legal Discourse – The Example of Religious Defamation, Lorenz Langer
14. Muslim States and the Implementation of the Convention on the Rights of the Child: With Special Reference to Malaysia, Abdul Ghafur Hamid @ Khin Maung Sein
15. Islamic Law and International Protection of Minority Rights in Context, Mashood A. Baderin
IV. INTERNATIONAL CRIMES AS A COMMON CONCERN OF THE INTERNATIONAL COMMUNITY: BRIDGING DIVIDES OR PROVOKING CLASHES?
16. Islamic Law and International Criminal Law, Markus P. Beham
17. Islamic Criminal Procedure and the Principle of Complementarity of the International Criminal Court, Matthias Cernusca
V. ISLAMIC IDENTITY AND WORLD ORDER: RECONSIDERING ISLAMIC INTERNATIONAL LAW IN LIGHT OF THE REALITIES OF A GLOBALIZING WORLD
18. Islam and Islamic Law in Contemporary International Relations, Maurits S. Berger
19. Islamic Views of Global Order and their Impact on International Law , Gregor Novak
20. Islam and the Future of the International Community, Muddathir ‘Abd al-Raḥīm
Due to its topicality and its authors’ expertise, the publication will provide new source material for a variety of academic disciplines, such as international law, Islamic studies, history, political science.