The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.
Table of Contents
Contents: Series Preface; Introduction; Part I General Principles of International Law: Islam and the modern law of nations, Majid Khadduri; Siyar-ization and its discontents: international law and Islam's constitutional crisis, Christopher A. Ford; The role of Islamic law in the contemporary world order, Ali Ahmad; Islam and international law: toward a positive mutual engagement to realize shared ideals, Abdullahi A. Ahmed An-Na'im; Islam and international law, Sheikh Wahbeh Al-Zuhili. Part II International Use of Force: Views of jihad throughout history, Asma Afsaruddin; The Islamic perception of the use of force in the contemporary world, Said Mahmoudi; Is there an Islamic ethic of humanitarian intervention?, Sohail H. Hashmi. Part III International Humanitarian Law: As-salamu alaykum? Humanitarian law in Islamic jurisprudence, Karima Bennoune; Islam and international humanitarian law: from a clash to a conversation between civilizations, James Cockayne. Part IV International Terrorism: Is Osama bin Laden's 'fatwa urging jihad against Americans' dated 23 February 1998 justified by Islamic law?, T.R. Copinger-Symes; Violence, September 11 and the interpretations of Islam, Katerina Dalacoura. Part V International Protection of Diplomats: Protection of diplomats under Islamic law, M. Cherif Bassiouni. Part VI International Environmental and Water Law: Islam and environmental ethics: tradition responds to contemporary challenges, Lisa Wersal; Can there be a confluence? A comparative consideration of Western and Islamic fresh water law, Thomas Naff and Joseph Dellapenna. Part VII Universality of Human Rights: Islamic law/Shari'a, human rights, universal morality and international relations, Bassam Tibi; Muslim voices in the human rights debate, Heiner Bielefeldt; A new perspective on the universality debate: reverse moderate relativism in the Islamic context, Jason Morgan-Foster; Islam and human rights: beyond the universality debate, Abdullahi An-Na'im. Part VIII Women's Rights: Women's rights in the Muslim world: reform or reconstruction?, Rebecca Barlow and Shahram Akbarzadeh; Women's rights in Islam: towards a theoretical framework, Shaheen Sardar Ali; Women's human rights in the Koran: an interpretive approach, Niaz A. Shah. Part IX Rights of the Child: The impact of Islamic Law on the implementation of the Convention on the Rights of the Child: the plight of non-marital children under Shari'a, Safir Syed; Religious legal traditions, Muslim states and the Convention on the Rights of the Child: an essay on the relevant UN documentation, Kamran Hashemi. Part X Rights of Religious Minorities: Accommodating religious identities in an Islamic state: international law, freedom of religion and the rights of religious minorities, Javaid Rehman; Non-Muslims in the Islamic state: majority rule and minority rights, Mohamed Berween. Part XI State Practice: The search for human rights within an Islamic framework in Iran, Shadi Mokhtari: A macroscopic analysis of the practice of Muslim state parties to international human rights treaties: conflict or congruence?, Mashood A. Baderin; Name Index.