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Islamic International Law and the right of self-defence of states

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)
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: 06 Aug 2014 08:24
URI: http://irep.iium.edu.my/id/eprint/1116

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