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International Law and Islam
Historical Explorations
Series: - Brill's Arab and Islamic Laws Series, Volume: 14
International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after ‘generations of prejudiced writing’ regarding the notable contribution of Islam to international law and its history.
Ignacio de la Rasilla, Ph.D. (2011) Geneva, is Han Depei Chair Professor of International Law at Wuhan University, Institute of International Law. He has published extensively on international law and its history including In the Shadow of Vitoria (Brill-Nijhoff, 2017). Ayesha Shahid, Ph.D. (2008) University of Warwick, UK, is Senior Lecturer in Law at Coventry Law School, Coventry University. She has published extensively on Islamic Law and Human Rights and is the author of Silent Voices, Untold Stories (OUP, 2010).
Contents
Acknowledgements
Notes on Contributors
Introduction: Islam and the Global Turn in the History of International Law
Ignacio de la Rasilla
1 The Protean Historical Mirror of International Law
Ignacio de la Rasilla
2 How Should International Lawyers Study Islamic Law and Its Contribution to International Law?
Michelle Burgis-Kasthala
3 An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions
Ayesha Shahid
4 Subjectivity and Structures: The Challenges of Methodology in the Study of the History of International Law and Religion
John D. Haskell
5 The Basis of Obligation in Treaties of Ancient Cultures – Pactum Est Servandum?
Robert Kolb
6 Khadduri as Gatekeeper of the Islamic Law of Nations: Quis custodiet ipsos custodes?
Jean Allain
7 In Search of the Lost Influence: Islamic Thinkers and the Spanish Origins of International Law
Ignacio Forcada Barona
8 The Other ‘Other’: Moors, International Law and the Origin of the Colonial Matrix
Pierre-Alexandre Cardinal and Frédéric Mégret
9 Law, Religion and Power: Texts and Discourse of Conquest
Luigi Nuzzo
10 Land Rights in Nineteenth-Century Ottoman State Succession Treaties
Ilias Bantekas
11 The Evolution of the Personality of the Malay Sultanate States
Haniff Ahamat and Nizamuddin Alias
12 On the Abodes of War and Peace in the Islamic Law of War: Fact or Fiction?
Matthias Vanhullebusch
13 The Origins and Evolution of Islamic Law of Rebellion: Its Significance to the Current International Humanitarian Law Discourse
Mohamed Badar, A. Al-Dawoody, and N. Higgins
Index 357
Acknowledgements
Notes on Contributors
Introduction: Islam and the Global Turn in the History of International Law
Ignacio de la Rasilla
1 The Protean Historical Mirror of International Law
Ignacio de la Rasilla
2 How Should International Lawyers Study Islamic Law and Its Contribution to International Law?
Michelle Burgis-Kasthala
3 An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions
Ayesha Shahid
4 Subjectivity and Structures: The Challenges of Methodology in the Study of the History of International Law and Religion
John D. Haskell
5 The Basis of Obligation in Treaties of Ancient Cultures – Pactum Est Servandum?
Robert Kolb
6 Khadduri as Gatekeeper of the Islamic Law of Nations: Quis custodiet ipsos custodes?
Jean Allain
7 In Search of the Lost Influence: Islamic Thinkers and the Spanish Origins of International Law
Ignacio Forcada Barona
8 The Other ‘Other’: Moors, International Law and the Origin of the Colonial Matrix
Pierre-Alexandre Cardinal and Frédéric Mégret
9 Law, Religion and Power: Texts and Discourse of Conquest
Luigi Nuzzo
10 Land Rights in Nineteenth-Century Ottoman State Succession Treaties
Ilias Bantekas
11 The Evolution of the Personality of the Malay Sultanate States
Haniff Ahamat and Nizamuddin Alias
12 On the Abodes of War and Peace in the Islamic Law of War: Fact or Fiction?
Matthias Vanhullebusch
13 The Origins and Evolution of Islamic Law of Rebellion: Its Significance to the Current International Humanitarian Law Discourse
Mohamed Badar, A. Al-Dawoody, and N. Higgins
Index 357
All interested in the hitherto neglected contribution of Islam to the history of international law and global legal history.