Islamic State Practices, International Law And The Threat by Javaid Rehman

By Javaid Rehman

Within the put up '9/11' felony and political surroundings, Islam and Muslims were linked to terrorism. Islamic civilization has more and more been characterised as backward, insular, stagnant and not able to house the calls for of the twenty first century, and changes and schisms among Islam and the west are being perceived as enormous and insurmountable. '9/11' terrorist assaults have regrettably supplied important ammunition to the critics of Islam and those that champion a 'clash of civilizations'. during this unique and incisive examine, the writer investigates the connection among Islamic legislations, states practices and foreign terrorism. It offers a close research of the assets of Islamic legislation and studies the innovations of Jihad, spiritual freedom and minority rights inside of Sharia and Siyar. In removing present misconceptions, the ebook offers a radical statement of the contributions made through Islamic states within the improvement of overseas legislations, together with norms at the prohibition of terrorism. It provides a lucid debate on such key concerns inside of classical and sleek Islamic kingdom practices as diplomatic immunities, prohibitions on hostage-taking, aerial and maritime terrorism, and the financing of terrorism. The e-book surveys the bias and injustices inside overseas law—a criminal method ruled and operated on the behest of a choose band of strong states. It forewarns that unilateralism and the undermining of human rights values within the identify of the 'war on terrorism' is generating strong reactions inside of Muslim states.

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20 If the concept of the Qur’an as providing binding ordinances and the Sunna of the Prophet is taken as the source of Islamic legal jurisprudence, then significant analogies can be drawn between the sources of the Sharia and that of modern international law. 21 16 Denny, n 1 above, at 159. Weeramantry, n 11 above, at 34. 18 A Hadith consists of two parts. Isnad and Matin. Isnad refers to the link, the source or the chain of narrators of the Hadith. Hence a Hadith in its Isnad would report the person who acted as transmitters.

These divergences were evident not only in substantive areas such as the extent of prohibiting riba (usury) in commercial transactions, rules regarding the non-use of force, sanctions against trading with the non-Islamic world, and formulation of labour standard regulations for inter alia slaves, women and children, but also in the physical implementation of the Sharia itself. Politics also had a significant bearing on the development and application of the legal systems. The political elite showed an unwillingness to allow the judges or qadis to interpret Sharia that was detrimental to their own personal agenda.

13 The Qur’an is aimed at establishing basic standards for Muslim societies and guiding these communities in terms of their rights and obligations. At the time of its revelation, it provided a set of progressive principles. It advances such values as compassion, good faith, justice and religious ethics. The Qur’an, however, is a religious text and is not a legal document per se. In reiterating these points, two leading comparative lawyers note that: [o]nly a few of the statements in the Koran constitute rules of law capable of direct application.

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