Islamic international law and the settlement of international disputes

This article examines the possibility of institutionalising Islamic international law or siyar in international dispute settlement. This article starts by arguing that Islamic international law had developed as a branch of law since the 8th century but it started to decline following the colonisatio...

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Main Author: Ahamat, Haniff
Format: Article
Language:English
Published: Institute Of Diplomacy and Foreign Relations (IDFR) Ministry of Foreign Affairs, Malaysia 2014
Subjects:
Online Access:http://irep.iium.edu.my/40868/
http://irep.iium.edu.my/40868/1/20150123090847509.pdf
id iium-40868
recordtype eprints
spelling iium-408682015-04-01T10:10:58Z http://irep.iium.edu.my/40868/ Islamic international law and the settlement of international disputes Ahamat, Haniff JX International law This article examines the possibility of institutionalising Islamic international law or siyar in international dispute settlement. This article starts by arguing that Islamic international law had developed as a branch of law since the 8th century but it started to decline following the colonisation of the Muslim States by the West. With the emergence of independent Muslim States however, the revival of such law is possible and this also includes the possible use in dispute settlement. This article finds that Article 38 of the ICJ Statute could provide the avenues for Islamic international law rules to be referred to by the relevant international adjudicating bodies but based on case law, the avenues are confined to general principles of law. Institute Of Diplomacy and Foreign Relations (IDFR) Ministry of Foreign Affairs, Malaysia 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/40868/1/20150123090847509.pdf Ahamat, Haniff (2014) Islamic international law and the settlement of international disputes. Journal of Diplomacy and Foreign Relations, 14 (2). pp. 55-69. ISSN 1511-3655
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic JX International law
spellingShingle JX International law
Ahamat, Haniff
Islamic international law and the settlement of international disputes
description This article examines the possibility of institutionalising Islamic international law or siyar in international dispute settlement. This article starts by arguing that Islamic international law had developed as a branch of law since the 8th century but it started to decline following the colonisation of the Muslim States by the West. With the emergence of independent Muslim States however, the revival of such law is possible and this also includes the possible use in dispute settlement. This article finds that Article 38 of the ICJ Statute could provide the avenues for Islamic international law rules to be referred to by the relevant international adjudicating bodies but based on case law, the avenues are confined to general principles of law.
format Article
author Ahamat, Haniff
author_facet Ahamat, Haniff
author_sort Ahamat, Haniff
title Islamic international law and the settlement of international disputes
title_short Islamic international law and the settlement of international disputes
title_full Islamic international law and the settlement of international disputes
title_fullStr Islamic international law and the settlement of international disputes
title_full_unstemmed Islamic international law and the settlement of international disputes
title_sort islamic international law and the settlement of international disputes
publisher Institute Of Diplomacy and Foreign Relations (IDFR) Ministry of Foreign Affairs, Malaysia
publishDate 2014
url http://irep.iium.edu.my/40868/
http://irep.iium.edu.my/40868/1/20150123090847509.pdf
first_indexed 2023-09-18T20:58:33Z
last_indexed 2023-09-18T20:58:33Z
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