The Hague Service Convention 1965: Is it Shari‘ah Compliant?
The issue of amenability of an international treaty, like the ‘Hague Service Convention 1965’, with the Shari’ah is crucial from a Muslim state perspective and it has to be settled before the State in question can ratify the treaty and thereby expressing her willingness to abide by its provisions....
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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INSI Publications
2012
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| Online Access: | http://irep.iium.edu.my/29059/ http://irep.iium.edu.my/29059/ http://irep.iium.edu.my/29059/1/The_Hague_Service_Convention_1965.pdf |
| Summary: | The issue of amenability of an international treaty, like the ‘Hague Service Convention
1965’, with the Shari’ah is crucial from a Muslim state perspective and it has to be settled before the
State in question can ratify the treaty and thereby expressing her willingness to abide by its provisions.
This is crucial in the sense that once a treaty is ratified and come into force the treaty shall be binding
upon its contracting states under both contemporary international law and the Shari‘ah. Muslim States
or for that matter any other state, do not want to obligate themselves by a treaty that adversely affects
their religious beliefs, national laws or sovereignty. In this paper attempt is made to determine whether
the Hague Service Convention 1965 is Shari‘ah compliant. In determining this it is important to
studythe Convention’s objectives for if its objectives are align with the higher ideals and objectives of
Shari‘ah (Maqasid al-Shari‘ah) then the treaty in question,which calls for judicial cooperation among
its members, can securely be adopted by Muslim states without affecting their substantive laws or
sovereignty. |
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