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International Law and Islam: Historical Explorations

Edited by: Ignacio de la Rasilla del Moral, Ayesha Shahid

ISBN13: 9789004388284
Published: December 2018
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £183.00



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International Law and Islam: Historical Explorations offers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after ‘generations of prejudiced writing’ regarding the notable contribution of Islam to international law and its history.

Subjects:
Islamic Law
Contents:
Acknowledgements
Notes on Contributors
Introduction: Islam and the Global Turn in the History of International Law
Ignacio de la Rasilla
1. The Protean Historical Mirror of International Law
Ignacio de la Rasilla
2. How Should International Lawyers Study Islamic Law and Its Contribution to International Law?
Michelle Burgis-Kasthala
3. An Exploration of the ‘Global’ History of International Law: Some Perspectives from within the Islamic Legal Traditions
Ayesha Shahid
4. Subjectivity and Structures: The Challenges of Methodology in the Study of the History of International Law and Religion
John D. Haskell
5. The Basis of Obligation in Treaties of Ancient Cultures – Pactum Est Servandum?
Robert Kolb
6. Khadduri as Gatekeeper of the Islamic Law of Nations: Quis custodiet ipsos custodes?
Jean Allain
7. In Search of the Lost Influence: Islamic Thinkers and the Spanish Origins of International Law
Ignacio Forcada Barona
8. The Other ‘Other’: Moors, International Law and the Origin of the Colonial Matrix
Pierre-Alexandre Cardinal and Frédéric Mégret
9. Law, Religion and Power: Texts and Discourse of Conquest
Luigi Nuzzo
10. Land Rights in Nineteenth-Century Ottoman State Succession Treaties
Ilias Bantekas
11. The Evolution of the Personality of the Malay Sultanate States
Haniff Ahamat and Nizamuddin Alias
12. On the Abodes of War and Peace in the Islamic Law of War: Fact or Fiction?
Matthias Vanhullebusch
13. The Origins and Evolution of Islamic Law of Rebellion: Its Significance to the Current International Humanitarian Law Discourse
Mohamed Badar, A. Al-Dawoody, and N. Higgins
Index 357