Author: Majid Khadduri
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776951
Category : International law
Languages : en
Pages : 334
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Book Description
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
Author: A. Al-Dawoody
Publisher: Palgrave Macmillan
ISBN: 9781137540744
Category : Religion
Languages : en
Pages : 0
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Book Description
Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.
Author: Omar Mekky
Publisher: Oxford University Press
ISBN: 0198888368
Category : Law
Languages : en
Pages : 273
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Book Description
The rapid rise of global Islamic Jihadism in the past few decades and the limited success of the anti-terror campaign in halting its expansion have raised hard-hitting questions about how different political actors might preserve and restore the world's peace and security. Since the end of the Second World War, international law has often been the chief instrument employed to address global conundrums of this kind. Nevertheless, international law alone cannot solve this problem. Jihadist groups often cite Islamic law argumentations to justify their combat-related actions against states while rejecting traditional international law rules. On the other hand, some states themselves ignore traditional international law rules to apply their so-called "counterterrorism" measures. The internationally recognized laws of war - created to protect those who do not participate in hostilities - are constantly challenged by jihadist groups and responding states in justification of their combat actions. In Islamic Jihadism and the Laws of War , Dr Omar Mekky explores both sides' legal frameworks, synthesising findings from both English and Arabic sources. Drawing from the author's field expertise as a legal advisor in the Middle East and North Africa, the book narrates how Islamic Jihadism began and evolved, outlines the laws jihadists apply during combat, addresses how states often react in their fights against jihadist groups, and aims for a pragmatic humanitarian legal formula. An essential resource for legal professionals, policymakers, academics, and students, Mekky's book initiates a constructive dialogue between international law and Islamic law.
Author: John Kelsay
Publisher: Harvard University Press
ISBN: 9780674026391
Category : Philosophy
Languages : en
Pages : 284
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Book Description
Jihad, with its many terrifying associations, is a term widely used today, though its meaning is poorly grasped. Few people understand the circumstances requiring a jihad, or "holy" war, or how Islamic militants justify their violent actions within the framework of the religious tradition of Islam. How Islam, with more than one billion followers, interprets jihad and establishes its precepts has become a critical issue for both the Muslim and the non-Muslim world. John Kelsay's timely and important work focuses on jihad of the sword in Islamic thought, history, and culture. Making use of original sources, Kelsay delves into the tradition of shari'a--Islamic jurisprudence and reasoning--and shows how it defines jihad as the Islamic analogue of the Western "just" war. He traces the arguments of thinkers over the centuries who have debated the legitimacy of war through appeals to shari'a reasoning. He brings us up to the present and demonstrates how contemporary Muslims across the political spectrum continue this quest for a realistic ethics of war within the Islamic tradition. Arguing the Just War in Islam provides a systematic account of how Islam's central texts interpret jihad, guiding us through the historical precedents and Qur'anic sources upon which today's claims to doctrinal truth and legitimate authority are made. In illuminating the broad spectrum of Islam's moral considerations of the just war, Kelsay helps Muslims and non-Muslims alike make sense of the possibilities for future war and peace.
Author: Khaled Ramadan Bashir
Publisher: Edward Elgar Publishing
ISBN: 1788113861
Category : Law
Languages : en
Pages : 297
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Book Description
Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.
Author: Mary R. Habeck
Publisher: Yale University Press
ISBN: 9780300122572
Category : Political Science
Languages : en
Pages : 262
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Book Description
A penetrating look into the inner logic of al-Qa'ida and like-minded extremist groups by which they justify September 11 and other terrorist attacks includes specific ideologies of jihadism, a new movement that allows members to call for the destruction of democracy and to murder innocent men, women, and children.
Author: Mashood A. Baderin
Publisher: Oxford University Press, USA
ISBN: 0199665591
Category : Islamic law
Languages : en
Pages : 177
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Book Description
Islamic law is one of the major legal systems in the world today, yet it is often misunderstood, particularly in the West. This book provides a critical overview of the theory, scope, and practice of Islamic law, taking into account both classical and modern scholarly perspectives in examining the various facets of this key legal system.
Author: John L. Esposito
Publisher: Oxford University Press, USA
ISBN: 9780195168860
Category : History
Languages : en
Pages : 214
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Book Description
Of the intellectual underpinnings of the more radical elements of contemporary Islam.
Author: Larry May
Publisher: Cambridge University Press
ISBN: 1107152496
Category : Law
Languages : en
Pages : 369
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Book Description
A comprehensive exploration of contemporary debates in Just War Theory, addressing moral, political, and legal issues.
Author: Gilles Kepel
Publisher: Harvard University Press
ISBN: 9780674015753
Category : Political Science
Languages : en
Pages : 344
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Book Description
The events of September 11, 2001, forever changed the world as we knew it. In their wake, the quest for international order has prompted a reshuffling of global aims and priorities. In a fresh approach, Gilles Kepel focuses on the Middle East as a nexus of international disorder and decodes the complex language of war, propaganda, and terrorism that holds the region in its thrall. The breakdown of the Israeli-Palestinian peace process in 2000 was the first turn in a downward spiral of violence and retribution. Meanwhile, a neo-conservative revolution in Washington unsettled U.S. Mideast policy, which traditionally rested on the twin pillars of Israeli security and access to Gulf oil. In Saudi Arabia and Afghanistan, a transformation of the radical Islamist doctrine of Bin Laden and Zawahiri relocated the arena of terrorist action from Muslim lands to the West; Islamist radicals proclaimed jihad against their enemies worldwide. Kepel examines the impact of global terrorism and the ensuing military operations to stem its tide. He questions the United States' ability to address the Middle East challenge with Cold War rhetoric, while revealing the fault lines in terrorist ideology and tactics. Finally, he proposes the way out of the Middle East quagmire that triangulates the interests of Islamists, the West, and the Arab and Muslim ruling elites. Kepel delineates the conditions for the acceptance of Israel, for the democratization of Islamist and Arab societies, and for winning the minds and hearts of Muslims in the West.
