Hamid, Abdul Ghafur@Khin Maung Sein (2009) Islamic International Law and the right of self-defence of states. Journal of East Asia and International Law, 2 (1). pp. 67-101. ISSN 1976-9229
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Abstract
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.
Item Type: | Article (Journal) |
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Additional Information: | 3163/1116 |
Uncontrolled Keywords: | Shari’ah, Self-defense, Jihad, Islamic International Law |
Subjects: | K Law > KZ Law of Nations |
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law |
Depositing User: | Prof. Dr. Abdul Ghafur Hamid |
Date Deposited: | 20 Jul 2011 16:05 |
Last Modified: | 28 Mar 2023 15:06 |
URI: | http://irep.iium.edu.my/id/eprint/1116 |
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