Islamic international law and the settlement of international disputes

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

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Abstract

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.

Item Type:	Article (Journal)
Additional Information:	3742/40868
Uncontrolled Keywords:	Public international law; International Dispute Resolution; Islamic International Law; International relations
Subjects:	J Political Science > JX International law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Haniff Ahamat
Date Deposited:	23 Jan 2015 15:56
Last Modified:	01 Apr 2015 18:10
URI:	http://irep.iium.edu.my/id/eprint/40868

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