Mohammad Talaat Ghunaimi's The Muslim Conception of International Law and the Western PDF

By Mohammad Talaat Ghunaimi

ISBN-10: 9401186928

ISBN-13: 9789401186926

ISBN-10: 9401195080

ISBN-13: 9789401195089

The conventional doctrine of Islamic legislations in regard to overseas re­ lations is celebrated. The Shari'a comprises many glorious provisions approximately declarations of battle, treaties of peace, armistices, diplomatic envoys, negotiations and promises of secure behavior. however the truth continues to be that it divides the area, ordinarily, into the "Abode of Islam" and the "Abode of 'War," and that it envisages the continu­ ance of intermittent warfare among them till the latter is absorbed within the former. during such combating, and within the durations in be­ tween, many civilities have been to be meticulously saw; yet prisoners of warfare can be killed, bought or enslaved on the discretion of the Muslim specialists, and the ladies of these who resisted the improvement of Islam should be taken as slave-concubines, whether they have been unmarried or married. The "Abode of Islam" didn't, certainly, consist ex­ clusively of Muslims, for these whose faith was once in line with a booklet authorized via Islam as initially encouraged and in perform, certainly, these different religions too - weren't pressured to embody Islam yet basically to just accept Muslim rule. They have been granted the prestige of dhimmis, have been safe of their people and their estate, have been allowed to keep on with their very own faith in an unobtrusive type, and have been accorded the location of primarily second-class voters. They have been additionally in fact, completely loose to embody Islam; yet for a Muslim to be switched over to a different religion concerned the loss of life penalty.

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Additional resources for The Muslim Conception of International Law and the Western Approach

Example text

He, as apostle, received the said deputation of Medina. In 62I, after the First Pledge of al-'Aqaba, Muhammad sent Mus'ab to }Iedina as his representative to teach the people Islam. 2 In fact Mecca was in direct relations with Abyssinia, particularly since 467 when 'Abd Chams, upon a suggestion from his brother Hashim, succeeded in getting from the Negus authorization for the Meccans to trade with their caravans in Abyssinia. On the other hand, ;Vlecca used to import goods from Abyssinia by sea through Jeddah.

Besides adverse critics for the most part speak as though modern international law is a perfect science, comprising a fully systematized body of universally accepted doctrines. " 1 The tendency for domination attributed by some to the Islamic state, even if admitted, does not affect our argument in this respect. " 2 The Muslim state entered into relations, whether peaceful or hostile, with the said states and later on which other states in Europe, Asia and Africa. It might be argued that the law of nations is, on the one hand, inconsistent with the notion of a "chosen race" 3 based on the ground of religion, and, on the other, with the notion of universal dominion.

L'Individu en Droit International, Paris 1928, p. 32. I. col. 101, (1960 III), p. I27. 5 N0rgaard, Carl Aage, The Position of The Individual in International Law, Copenhagen 1962, p. 32. 34 HISTORICAL BACKGROU~D to the personality and sovereignity of the state that the view emerged that states only are the subjects of international law, on the ground that the relations of states, since then, proceeded on the basis of their corporate personality whereby the rights of the individual ceased to be a determining factor in law-making.

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The Muslim Conception of International Law and the Western Approach by Mohammad Talaat Ghunaimi


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