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Islamic Law and International Law - Peaceful Resolution of Disputes (Hardcover)
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Islamic Law and International Law - Peaceful Resolution of Disputes (Hardcover)
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There are twenty-nine Islamic law states (ILS) in the world today,
and their Muslim population is over 900 million. Muslims in these
countries-and, to some extent, all Muslims-are ethically, morally,
doctrinally, or politically committed to the Islamic legal
tradition, a unique logic and culture of justice based on
nonconfrontational dispute resolution. In Islamic Law and
International Law, Emilia Justyna Powell examines the differences
and similarities between the Islamic legal tradition and
international law, focusing in particular on the issue of conflict
management and resolution. In many Islamic Law States, Islamic law
displaces secular law in state governance and shapes these
countries' international dealings. Powell considers why some of
Islamic Law States accept international courts while others avoid
them, stressing throughout that we cannot make blanket claims about
such states. Each relationship is context-specific, hinging on the
nature of the domestic legal system. Moreover, not all of these
states are Islamic to the same degree or in the same way. Secular
law and religious law fuse in different ways in different domestic
legal systems. Often, the Islamic legal tradition points in one
direction, while the Western-based, secularized international law
points in another. However, Powell argues that Islamic legal
tradition contains elements that are compatible with modern
international law. She marshals original data on the legal systems
structures in thirty Islamic Law States over the entire course of
the post-World War Two era, and she draws from in-depth interviews
with Islamic law scholars and leading practitioners of
international law, including judges of the International Court of
Justice. Rich in empirical evidence, this book will reshape how we
think about the relationship between ILS and the international
system.
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