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Islamic Law and International Law provides a comprehensive comparison of the Islamic legal tradition and international law, especially in the context of dispute settlement. Do states of the Islamic milieu avoid international courts? How do they view mediation and arbitration? Is Islamic legal tradition incompatible with international law? The answer to the "Islamic law-international law nexus puzzle" lies in the diversity of how secular and religious laws fuse in domestic legal systems across the Islamic milieu. States are not Islamic to the same degree or in the same way. Consequently, different international conflict management methods appeal to different states.
List of contents
- List of Figures
- List of Tables
- CHAPTER ONE: Introduction
- CHAPTER TWO: International Law, Islamic Law, and Islamic Law States
- CHAPTER THREE: Islamic Law and International Law: Similarities and Differences
- CHAPTER FOUR: A Theory of Islamic Peaceful Resolution of Disputes
- CHAPTER FIVE: Islamic Law States and Peaceful Resolution of Territorial Disputes
- CHAPTER SIX: Islamic Law States and the International Court of Justice
- CHAPTER SEVEN: Legal Schools and Regions
- CHAPTER EIGHT: Conclusion
- References
- Index
About the author
Emilia Justyna Powell is a Professor of Political Science and Concurrent Professor of Law at the University of Notre Dame. She has written extensively on international law, international courts, international dispute resolution, the Islamic legal tradition, and Islamic constitutionalism. Her prominent publications include a book published in Oxford University Press (2020) entitled Islamic Law and International Law: Peaceful Resolution of Disputes, a Cambridge University Press (2011) book, Domestic Law Goes Global: Legal Traditions and International Courts (with Sara McLaughlin Mitchell).
She has been a fellow at the Oxford Centre for Islamic Studies, Durham University, and at the University of Copenhagen Law School, icourts Centre for International Courts. Born in Toruń, Poland, Emilia Justyna Powell received education in the University of Nicholas Copernicus (Poland), Jean Monnet Center for European Studies, the University of Cambridge, and the Florida State University.
Summary
There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries--and, to some extent, all Muslims--are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution.
In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countries' international dealings. Powell considers why some of Islamic Law States accept international courts while others avoid them, stressing throughout that we cannot make blanket claims about such states. Each relationship is context-specific, hinging on the nature of the domestic legal system. Moreover, not all of these states are Islamic to the same degree or in the same way. Secular law and religious law fuse in different ways in different domestic legal systems.
Often, the Islamic legal tradition points in one direction, while the Western-based, secularized international law points in another. However, Powell argues that Islamic legal tradition contains elements that are compatible with modern international law. She marshals original data on the legal systems structures in thirty Islamic Law States over the entire course of the post-World War Two era, and she draws from in-depth interviews with Islamic law scholars and leading practitioners of international law, including judges of the International Court of Justice. Rich in empirical evidence, this book will reshape how we think about the relationship between ILS and the international system. The book has been reviewed in more than 25 outlets, including 16 countries, to extensive praise.
Additional text
This topical book is an important contribution to the rectification of persisted (simplistic and often willful) misconceptions of Islamic law and its compatibility with modern international law. Scholars and the general reader will benefit immensely from reading it."-HE Judge Awn Shawkat Al-Khasawneh, Former Prime Minister of Jordan and Former Judge at the International Court of Justice
