The Nature of Islamic Legal System (the Sharia) and Interaction with International Law

Hossein Esmaeili, Hikmat Nasser, Nudrat Majeed, Katja Samuel, Alejandro Carballo, Javaid Rehman

    Research output: Book/ReportCommissioned reportpeer-review

    Abstract

    The relationship between Islamic Law and other legal systems (essentially Western domestic legal systems and international law) is often thought of in terms of compatibility or incompatibility.

    Concerning certain subject-matters of choice, the compatibility of Islamic (legal) principles with the values embedded in legal systems that are regarded as characteristic of the Modem Age is tested by sets of questions such as: Is democracy possible in Islam? Does Islam recognize human rights and are those rights compatible with a more universal conception? Does Islam recognize or condone more extreme acts of violence and does it justify violence differently? The starting point to assessing the relationship between Islamic law and International law may be expressed in two basic questions: i) what is Islamic law and ii) where is Islamic law or where does it exist and operate?
    Original languageEnglish
    Commissioning bodyInternational Law Association
    Number of pages7
    Volume2010
    Publication statusPublished - 2010
    EventInternational Law Association Biennial Conference - The Hague, Netherlands
    Duration: 15 Aug 201019 Aug 2010
    Conference number: 74th

    Publication series

    NameInternational Law Association
    PublisherInternational Law Association
    ISSN (Print)0074-6738

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