The Legitimacy of Use of Force in Public and Islamic International Law

Sabuj, Mohammad

doi:10.1007/978-3-030-77298-7

Cited by 2 publications

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“…This agreement was about the sale of combative paraphernalia from the Soviet Union to Pakistan. The Soviet Union asked for state immunity under the rules of general international law and the provisions of the CPC 1908 (Sabuj M. , 2021).…”

Section: Islamic International Law (Siyar) As a Source Of Local Lawmentioning

confidence: 99%

“…This has been made more apparent while outlining the 1 st Article of the Additional Protocol in the Geneva Conventions, which provided people resisting colonial hegemony, foreign occupation or racist governments with the fortifications of International Humanitarian Law. Moreover, the function, presence and importance of the non-state actors were acknowledged initially by international humanitarian law (Sabuj M. Z., 2021). Quite interestingly, European academics on international law during the early era, such as Hugo and Vitoria, were very familiar with Islamic international law (Siyar), as their works reveal that they were influenced by the norms and concepts of Islamic international law.…”

Section: Siyar As a Possible Source Of International Lawmentioning

confidence: 99%

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The Classical and Contemporary Approaches towards International Law: Conceptual and Thematic Study of Siyar (Islamic International Law)

Farooqi¹,

Rizvi²,

Ramzan³

2022

International Journal of Social Science Entrepreneurship

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This precise research work elucidates the derivation, sources, and gradual development of Islamic international law, which is also termed as “(Siyar).” This article is a humble endeavor to discover the position and role of Islamic International Law (Siyar). It debates about the pioneers and sublime jurists who treated Siyar as a distinct legal discipline and who methodically clarified the basic rubrics of Siyar. This research concludes that as Islamic legal principles are not only one of the leading legal schemes across the globe but also that Islam positions its illustrious place among different creeds and cultures of the world, Islamic jurisprudence is one of the leading sources of international law. The research is qualitative and interpretative, in which authors have relied on the classical and modern writings and have analytically scrutinized them in the modern context. Surely, this article debates that since public international rules are not irreligious in nature, these are “neutral” so as to “go with the flow” of Muslim countries. Siyar only fortifies the commitments of Muslim countries, at the same time; non-Muslim countries are not obligated to follow Islamic law.

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Section: Islamic International Law (Siyar) As a Source Of Local Lawmentioning

confidence: 99%

Section: Siyar As a Possible Source Of International Lawmentioning

confidence: 99%