Islamic International Law and the right of self-defence of states
Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of ‘Jihad,’ there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, whi...
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| Format: | Article |
| Language: | English |
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Yijun Institute of International Law
2009
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| Online Access: | http://irep.iium.edu.my/1116/ http://irep.iium.edu.my/1116/ http://irep.iium.edu.my/1116/1/Islamic_IL_and_Right_of_self-defence_of_States_%28Journal_of_East_Asis_and_IL%29%28Prof._Abdul_Ghafur_Hamid%40Khin_Maung_Sein..pdf |
| Summary: | Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of ‘Jihad,’ there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur’an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of ‘jihad’ is‘self-defense.’ After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking. |
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