Islamic International Law and the right of self-defence of states

Islamic International Law and the right of self-defence of states

Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of ‘Jihad,’ there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, whi...

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Main Author: Hamid, Abdul Ghafur@Khin Maung Sein
Format: Article
Language:English
Published: Yijun Institute of International Law 2009
Subjects:
KZ Law of Nations
Online Access:http://irep.iium.edu.my/1116/
http://irep.iium.edu.my/1116/
http://irep.iium.edu.my/1116/1/Islamic_IL_and_Right_of_self-defence_of_States_%28Journal_of_East_Asis_and_IL%29%28Prof._Abdul_Ghafur_Hamid%40Khin_Maung_Sein..pdf
id iium-1116
recordtype eprints
spelling iium-11162014-08-06T00:24:34Z http://irep.iium.edu.my/1116/ Islamic International Law and the right of self-defence of states Hamid, Abdul Ghafur@Khin Maung Sein KZ Law of Nations Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of ‘Jihad,’ there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur’an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of ‘jihad’ is‘self-defense.’ After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking. Yijun Institute of International Law 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/1116/1/Islamic_IL_and_Right_of_self-defence_of_States_%28Journal_of_East_Asis_and_IL%29%28Prof._Abdul_Ghafur_Hamid%40Khin_Maung_Sein..pdf Hamid, Abdul Ghafur@Khin Maung Sein (2009) Islamic International Law and the right of self-defence of states. Journal of East Asia and International Law, 2 (1). pp. 67-101. ISSN 1976-9229 http://www.yiil.org/home/en_archives_2009_2_1
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic KZ Law of Nations
spellingShingle KZ Law of Nations
Hamid, Abdul Ghafur@Khin Maung Sein
Islamic International Law and the right of self-defence of states
description Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of ‘Jihad,’ there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur’an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of ‘jihad’ is‘self-defense.’ After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking.
format Article
author Hamid, Abdul Ghafur@Khin Maung Sein
author_facet Hamid, Abdul Ghafur@Khin Maung Sein
author_sort Hamid, Abdul Ghafur@Khin Maung Sein
title Islamic International Law and the right of self-defence of states
title_short Islamic International Law and the right of self-defence of states
title_full Islamic International Law and the right of self-defence of states
title_fullStr Islamic International Law and the right of self-defence of states
title_full_unstemmed Islamic International Law and the right of self-defence of states
title_sort islamic international law and the right of self-defence of states
publisher Yijun Institute of International Law
publishDate 2009
url http://irep.iium.edu.my/1116/
http://irep.iium.edu.my/1116/
http://irep.iium.edu.my/1116/1/Islamic_IL_and_Right_of_self-defence_of_States_%28Journal_of_East_Asis_and_IL%29%28Prof._Abdul_Ghafur_Hamid%40Khin_Maung_Sein..pdf
first_indexed 2023-09-18T20:08:19Z
last_indexed 2023-09-18T20:08:19Z
_version_ 1777407308374999040

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