International Treaties Mu Had T In Islam
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International Treaties Mu Had T In Islam
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Author : Labeeb Ahmed Bsoul
language : en
Publisher:
Release Date : 2008
International Treaties Mu Had T In Islam written by Labeeb Ahmed Bsoul and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
International Treaties in Islam: Practice in the Light of Islamic International Law is a study that seeks to explain Islamic international legal theory regarding treaties with non-Muslims. The treaties selected in this book cover the full spectrum of what Muslims and non-Muslims could do to develop and to protect the interest of their communities. With an extremely focused subject and approach, Professor Labeeb Ahmed Bsoul, discusses the importance of these treaties and their continually changing interpretations. The book aims to shed light on a relatively untouched branch of Islamic law, while simultaneously elucidating the social ramifications of legal theory and practice.
Status Of Treaties In Islam
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Author : Jamshed A. Hamid
language : en
Publisher:
Release Date : 2001
Status Of Treaties In Islam written by Jamshed A. Hamid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Alliances (Islamic law) categories.
The Muslim Conception Of International Law And The Western Approach
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Author : Mohammad Talaat Ghunaimi
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Muslim Conception Of International Law And The Western Approach written by Mohammad Talaat Ghunaimi and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
The traditional doctrine of Islamic law in regard to international re lations is well known. The Shari'a includes many excellent provisions about declarations of war, treaties of peace, armistices, diplomatic envoys, negotiations and guarantees of safe conduct. But the fact remains that it divides the world, broadly speaking, into the "Abode of Islam" and the "Abode of 'War," and that it envisages the continu ance of intermittent war between them until the latter is absorbed in the former. In the course of such fighting, and in the intervals in be tween, many civilities were to be meticulously observed; but prisoners of war could be killed, sold or enslaved at the discretion of the Muslim authorities, and the women of those who resisted the advance of Islam could be taken as slave-concubines, regardless of whether they were single or married. The "Abode of Islam" did not, indeed, consist ex clusively of Muslims, for those whose religion was based on a book accepted by Islam as originally inspired and in practice, indeed, those other religions too - were not forced to embrace Islam but only to accept Muslim rule. They were granted the status of dhimmis, were protected in their persons and their property, were allowed to follow their own religion in an unobtrusive fashion, and were accorded the position of essentially second-class citizens. They were also of course, perfectly free to embrace Islam; but for a Muslim to be converted to another faith involved the death penalty.
Islamic International Law
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Author : Khaled Ramadan Bashir
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-10-26
Islamic International Law written by Khaled Ramadan Bashir and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-26 with Religion categories.
Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.
Sharia Muslim States And International Human Rights Treaty Obligations
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Author : Nisrine Abiad
language : en
Publisher: BIICL
Release Date : 2008
Sharia Muslim States And International Human Rights Treaty Obligations written by Nisrine Abiad and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
Human Rights Commitments Of Islamic States
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Author : Paul McDonough
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-07
Human Rights Commitments Of Islamic States written by Paul McDonough and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Political Science categories.
This book examines the legal nature of Islamic states and the human rights they have committed to uphold. It begins with an overview of the political history of Islam, and of Islamic law, focusing primarily on key developments of the first two centuries of Islam. Building on this foundation, the book presents the first study into Islamic constitutions to map the relationship between Sharia and the state in terms of institutions of governance. It then assesses the place of Islamic law in the national legal order of all of today's Islamic states, before proceeding to a comprehensive analysis of those states' adherences to the UN human rights treaties, and finally, a set of international human rights declarations made jointly by Islamic states. Throughout, the focus remains on human rights. Having examined Islamic law first in isolation, then as it reflects into state structures and national constitutional orders, the book provides the background necessary to understand how an Islamic state's treaty commitments reflect into national law. In this endeavour, the book unites three strands of analysis: the compatibility of Sharia with the human rights enunciated in UN treaties; the patterns of adherence of Islamic states with those treaties; and the compatibility of international Islamic human rights declarations with UN standards. By exploring the international human rights commitments of all Islamic states within a single analytical framework, this book will appeal to international human rights and constitutional scholars with an interest in Islamic law and states. It will also be useful to readers with a general interest in the relationships between Sharia, Islamic states, and internationally recognised human rights.
War And Peace In The Law Of Islam
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Author : Majid Khadduri
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2006
War And Peace In The Law Of Islam written by Majid Khadduri and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with International law categories.
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
The Constitution Of Medina
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Author : Michael Lecker
language : en
Publisher:
Release Date : 2024-02
The Constitution Of Medina written by Michael Lecker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02 with Religion categories.
The 'Constitution of Medina' is probably the first legal document of Muhammad and dates back to the first year after his hijra (622 CE), or "emigration", which brought him from his hometown Mecca to the cluster of towns known as Yathrib or Medina in the Hijaz (northern Arabia) and marked the beginning of the Islamic era. Muslim historians and jurists have been familiar with this important document for centuries, and aware of its legal and theological implications for Islamic law. It was first brought to the attention of scholars in the West at the end of the 19th century by Wellhausen, who accepted it as an authentic document from the time of the Prophet. Since then, such leading orientalists as Goldziher, Gil, Serjeant, Goto, U. Rubin and J. B. Simonsen have studied various aspects of it. This monograph offers an edited translation and interpretation of the earliest and most important document from the time of Muhammad. Lecker's focus is on the Jewish tribes, the Treaty of the Mu'minun and the Treaty of the Jews..
Issues In Islamic Law
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Author : MashoodA. Baderin
language : en
Publisher: Routledge
Release Date : 2017-07-05
Issues In Islamic Law written by MashoodA. Baderin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Religion categories.
Islamic substantive law, otherwise called branches of the law (furu? al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ?cultivation? (istithmar), whereby the qualified jurist (mujtahid), as the ?cultivator?, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ?fruits? (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
War Peace And International Relations In Islam
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Author : Yitzhak Reiter
language : en
Publisher: Apollo Books
Release Date : 2011
War Peace And International Relations In Islam written by Yitzhak Reiter and has been published by Apollo Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with History categories.
Foreword by Efraim Halevy, former chief of the Mossad, Israel's national intelligence service. This book presents and analyses fatwas -- rulings of Islamic law -- issued by religious sages and clerics on issues of war and peace in regard to the actual or future possibility of conducting a peace agreement between Muslim states and Israel. The analysis highlights Islamic law's adaptation to changing political realities to the modern model of international relations; the changing concept of jihad and the current role of political fatwas. It deals with the shari'a interpretations regarding war and peace in theory and practice; the Hudaybiyya Pact of 628 between the prophet Muhammad and the Quraysh infidels; Egyptian fatwas from 1947 to 1979 regarding peace with Israel; the 1995 debate between the late mufti of Saudi Arabia 'Abd al-'Aziz ibn Baz and the popular Islamist scholar Dr Yusuf al-Qaradawi over the Oslo Accords; the Hamas hudna concept; the debate between Saudi Arabian muftis and Hezbollah sages over Israel's second war in Lebanon (2006); and a comparative study of the agreements that were signed between the Algerian leader 'Abd al-Qadir and the French in the 1830s. Features: Details those Muslim religious scholars and leaders who present pragmatic interpretations and envision the natural relations between the Muslim and non-Muslim worlds as a state of peace; Sheds light on the built-in pluralism in Islam; And exposes the need of moderate Arab-Muslim rulers for pragmatic muftis and fatwas in order to contend with radical Muslim factions to soften and limit Arab public opposition to signing a peace agreement with Israel, and to enable normal relations with Israel after signing the agreement. The rulings of Islamic law cited in this book are likely to serve as a textual and intellectual basis for the public discourse on peace between Israel and the Palestinians and Arab states.