Browse results

Restricted Access

Series:

Edited by Hiroyuki Yanagihashi

This book is dedicated to an analysis of seven groups of hadiths related to matters ranging from the rules concerning water used for ablution to those concerning the proof of facts in a qadi court. It has three main purposes. The first is to clarify the processes by which hadiths on a given topic were formed and developed by analyzing their isnāds and matns and by comparing them with expositions of positive law in legal manuals. Second, it seeks to explain why many hadiths exist in multiple variants and to detect the perception of traditionists about the revision of hadiths. The third purpose is to propose a methodology to estimate the extent to which traditionists accepted hadiths on a particular topic.
Restricted Access

International Law and Islam

Historical Explorations

Series:

Edited by Ignacio de la Rasilla del Moral and Ayesha Shahid

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.
Restricted Access

Series:

Edited by John Bowen and Arskal Salim

In Women and Property Rights in Indonesian Islamic Contexts, eight scholars of Indonesian Islam examine women’s access to property in law courts and in village settings. The authors draw on fieldwork from across the archipelago to analyse how judges and ordinary people apply interpretations of law, religion, and gender in deliberating and deciding in property disputes that arise at moments of marriage, divorce, and death. The chapters go beyond the world of legal and scriptural texts to ask how women in fact fare in these contexts. Women’s capabilities and resources in Indonesia, the world’s largest Muslim society and one with distinctive traditions of legal and social life, provides a critical knowledge base for advancing our understanding of the social life of Islamic law. Contributors: Nanda Amalia, John R. Bowen, Tutik Hamidah, Abidin Nurdin, Euis Nurlaelawati, Arskal Salim, Rosmah Tami & Atun Wardatun.
Restricted Access

Edited by Martin Lau

The Yearbook of Islamic and Middle Eastern Law (YIMEL) is the leading English language journal covering contemporary Islamic laws and laws of the Middle East. Practitioners and academics dealing with the Middle East can turn to YIMEL for an instant source of information on the developments in the Middle East region and wider Muslim world. YIMEL covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. Focusing on YIMEL's role in publishing and disseminating ground-breaking and novel research on Islamic law, Volume 19 includes a Special Edition on the theme of Islamic Law and Empire consisting of a dedicated Preface and articles in Part I, as well as other contributions on legal developments in the Middle East and South Asia, important judgements and book reviews, assembled in Part II.

The publication's practical features include: - articles on current topics, - the text of a selection of important case judgments, - book reviews.
Restricted Access

Series:

Robert Kolb

Abstract

This contribution tries to trace the history of the binding nature of international agreements and in particular of the principle pacta sunt servanda. It shows that in ancient times and cultures, treaties were mainly binding because of unilateral undertakings under municipal religion or law, and that only progressively the concept of a superior ‘pacta sunt servanda’ principle as an objective rule of law emerged. It traces the main stages of the process, but insists mainly on the ancient constructions of the binding nature of agreements.

Restricted Access

Series:

Haniff Ahamat and Nizamuddin Alias

Abstract

This chapter looks at how international law informs the sovereign status of the polities that form Malaysia and how the status evolved through the formation of the Malay States. The Malay States were historically sovereign or part of sovereign Sultanates. While Malay polities experienced changes after the arrival of Islam, the evolution of Malay polities was still influenced by the Hindu-Buddhist concept of mandala making the appreciation of power, control and sovereignty by the Malay Sultanate States unique. This chapter also analyses various treaties entered into by these polities, the British and other Powers that had an effect on the sovereignty of the Malay Sultanate States. This chapter stresses that under international law, the transfer of sovereignty to the British had taken place despite the choice of protectorates by the British for the Malays Sultanate States. This chapter finds that there was no total loss of sovereignty by the Malay Sultanate States as the Malay Sultans were recognised as sovereign in the British courts of law and they maintained exclusive control over Islam and Malay custom. However, as international law was heavily influenced by positivism at the peak of European colonization of Asia and Africa, it is not possible for residual sovereignty to be defended. However, the protectorate treaties had consolidated the power of the Sultan within his respective State ending the practice of decentralised rule inherited from the Hindu-Buddhist concept of mandala.

Restricted Access

Series:

Ayesha Shahid

Abstract

In recent decades there has been a growing interest in global histories in many parts of the world. Exploring a ‘global history of international law’ is a comparatively recent phenomenon that has attracted the attention of both international lawyers and historians. However, most scholarly contributions dealing with the history of international law end up perpetuating Western Self-centrism and Euro-centrism. International law is often depicted in the writings of international law scholars, as both a product of, and only applicable to, Western Christian states. These scholars insist that the origins of modern (Post-Westphalian) international law lie in the state practice of the European nations of the sixteenth and seventeenth century. This approach that considers only old Christian states of Western Europe to be the original international community is exclusionary, since it fails to recognize and engage with other legal systems including the Islamic legal traditions. This chapter, through the writings of eminent classic and contemporary Islamic jurists, explores the development of As-Siyar (Islamic international law) within the Islamic legal tradition and attempts to address the existing gaps in the global history of the international law project.

Restricted Access

Series:

Michelle Burgis-Kasthala

Abstract

This chapter reflects on how international lawyers steeped in European histories can broaden their scholarly sensibilities through studying non-European worlds and their interaction over time. The chapter explores some of the interactions between the Islamic and non-Islamic worlds as examples of ‘international’ interaction and suggests areas where Islamic legal traditions can enrich dominant, European approaches to statehood and its international regulation. Thus, in highlighting the possible Islamic legal dimensions of international law’s past and present, the ultimate goal of this chapter is to take seriously the responsibility of international lawyers today to create alternative archives.

Restricted Access

Series:

Ignacio Forcada Barona

Abstract

This work examines the historical roots, the sources and content of what it is known as “just war theory” and its equivalent in classical Islamic thought, involving the now famous concept of Jihad, in an attempt to discover if Francisco de Vitoria, one of the most prominent representative of the sixteenth century Spanish School of International Law, used Islamic sources when shaping his theory of just war. Discarding such a possibility, this contribution ends up trying to give an explanation to the apparent similarities between Islamic and Western conceptions of just war.