Islam and International Law: A Comparative and Analytical Study

Abstract

Deprecated: Creation of dynamic property HTMLPurifier_Lexer_DOMLex::$_entity_parser is deprecated in /home/u244658281/domains/maarifeauliya.com.pk/public_html/lib/pkp/lib/vendor/ezyang/htmlpurifier/library/HTMLPurifier/Lexer.php on line 154

Deprecated: Creation of dynamic property HTMLPurifier_AttrTransform_NameSync::$idDef is deprecated in /home/u244658281/domains/maarifeauliya.com.pk/public_html/lib/pkp/lib/vendor/ezyang/htmlpurifier/library/HTMLPurifier/DefinitionCache/Serializer.php on line 73

Deprecated: Creation of dynamic property HTMLPurifier_AttrTransform_NameSync::$idDef is deprecated in /home/u244658281/domains/maarifeauliya.com.pk/public_html/lib/pkp/lib/vendor/ezyang/htmlpurifier/library/HTMLPurifier/DefinitionCache/Serializer.php on line 73

This scholarly work examines the convergence of Islamic international law with modern international law in comparative and analytical terms. It closely examines the core pillars of Islamic international law—formerly known as siyar—against the constitution and historical evolution of Western international law. The two legal regimes both serve to regulate the behavior of states and to offer peace and justice, but they have significant differences in sources, underlying principles, and patterns of evolution. The work describes the extent to which Islamic doctrines of war, peace, treaties, and diplomatic immunity converge with or diverge from existing legal norms, including those codified in the United Nations Charter, the Geneva Conventions, and the series of international human rights covenants. Furthermore, this work assesses the role of globalization and political change in interpreting and applying the two bodies of legal regimes. Based on historical examples and current case studies, the paper concludes that Islamic international law—based on ethic responsibility and justice—has an constructive role to play in global legal thinking, particularly if interpreted in a dynamic and maqasid-oriented way.

Keywords: Islamic law, International law, Siyar, Shariah, War and Peace, Treaties in Islam, Geneva Conventions, Human Rights, Global Justice, Comparative Legal Studies.