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In: Ancient Greek Myths in Medieval Armenian Literature
In: Ancient Greek Myths in Medieval Armenian Literature
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Abstract

Muhammad Bin Hassan Al-Shaybani has long been compared with Hugo Grotius. They were not contemporaries. Yet Al-Shaybani is often compared with Grotius perhaps to underscore his achievement as a pace-setting scholar in Islamic international law. This article is going to revisit the comparison of Shaybani with Grotius to find an answer to the question whether the former can justifiably be called the Grotius in Islamic law. In doing this, a historical survey of the respective contributions of the two scholars to their different yet sister fields of study will be made. Specifically, the place of Shaybani in the development of Islamic international law will be highlighted. A similar voyage into modern international law will be made to explore the role of Grotius in its development. The article will reveal that both were eminent scholars who respectively made enormous contributions to the development of international law jurisprudence. The former made his mark in the science of Islamic international law, known in Arabic as siyar, while the latter is said to be the ‘father’ of the secular, modern international law. However, none of them was first in writing about their respective fields. Abu Hanifa, Abu Yusuf, Malik Bin Anas and Abdurrahman Awza’i all taught Shaybani and they wrote about siyar. Similarly, Vitoria, Suarez and Gentili had preceded Grotius in writing about international law. But it can still be argued that it is the scholastic contributions of Shaybani and Grotius that developed and standardized the respective fields. The article concludes that Shaybani may be called the father of siyar or the Grotius in Islamic law. But to identify his name with Grotius will not necessarily add colour to him since his place in the history of Islamic international law is assured independently.

In: The Asian Yearbook of Human Rights and Humanitarian Law

Abstract

The Arab Charter on Human Rights is one of the most important developments in the human rights landscape of the Arab world. Part of the importance of the Arab Charter on Human Rights stems from the fact that the Charter seeks to align Arab human rights with the international standards on human rights. With the implementation of this Charter, Arab countries would have recognised and enforced human rights values that have come to be universally accepted as part of the international law framework. Currently, there are significant gaps between the Arab Charter on Human Rights and the national laws of the State Parties. These suggest non-compliance of many national laws with the provisions of the Arab Charter. This article argues that the non-compliant legislations of those State Parties are not justified by recognised standards for such deviation from international law of human rights. Particularly, the margin of appreciation allowed to the States for deviating from universal human rights principles on account of national situations and conditions. This article also suggests that the way forward for ensuring compliance between the Arab Charter on Human Rights and the national legislations lies in the adoption of a collective judicial review mechanism under the aegis of the League of Arab States.

In: The Asian Yearbook of Human Rights and Humanitarian Law
In: The Asian Yearbook of Human Rights and Humanitarian Law
In: The Asian Yearbook of Human Rights and Humanitarian Law