Islamic law and international law : peaceful resolution of disputes

상세정보

자료유형	단행본
서명/저자사항	Islamic law and international law: peaceful resolution of disputes / Emilia Justyna Powell.
개인저자	Powell, Emilia Justyna author.
발행사항	New York: Oxford University Press, [2020].
형태사항	xiv, 314 pages ; 25 cm.
ISBN	9780190064631
서지주기	Includes bibliographical references (pages 293-310) and index.
내용주기	Introduction -- International Law, Islamic Law, and Islamic Law States -- Islamic Law and International Law : Similarities and Differences -- A Theory of Islamic Peaceful Resolution of Disputes -- Islamic Law States and Peaceful Resolution of Territorial Disputes -- Islamic Law States and the International Court of Justice -- Legal Schools and Regions -- Conclusion
요약	"Islamic Law and International Law is a comprehensive examination of differences and similarities between the Islamic legal tradition and international law, especially in the context of dispute settlement. Sharia embraces a unique logic and culture of justice--based on nonconfrontational dispute resolution--as taught by the Quran and the Prophet Muhammad. This book explains how the creeds of Islamic dispute resolution shape the Islamic milieu's views of international law. Is the Islamic legal tradition ab initio incompatible with international law, and how do states of the Islamic milieu view international courts, mediation, and arbitration? Islamic law constitutes an important part of the domestic legal system in many states of the Islamic milieu--Islamic law states--displacing secular law in state governance and affecting these states' contemporary international dealings. The book analyzes constitutional and subconstitutional laws in Islamic law states. The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular laws and religious laws fuse in domestic legal systems across the Islamic milieu. These states are not Islamic to the same degree or in the same way. Thus, different international conflict management methods appeal to different states, depending on each one's domestic legal system. The main claim of the book is that in many instances the Islamic legal tradition points in one direction while Western-based, secularized international law points in another direction. This conflict is partially softened by the reality that the Islamic legal tradition itself has elements fundamentally compatible with modern international law. Islamic legal tradition, international law, sharia settlement, peaceful dispute resolution"--
해제	Provided by publisher.
일반주제명	International law (Islamic law)
분류기호(DDC)	341
언어	영어