A Survey of Islamic Attitudes Towards the Legitimacy of International Law and International Agreements
Kevin H. Govern
Ave Maria School of Law; California University of Pennsylvania; CUNY, John Jay College of Criminal Justice
Indian Yearbook of International Law & Policy, Vol. 2, p. 53, 2010-2011
This note will briefly consider the heritage of Islam and its pronouncements upon binding (and non-binding) obligations between peoples and states. The present-day pronouncements on, and challenges to, adhering to international law and international agreements will be examined with a specific survey of the laws and policies of Afghanistan, Iraq, Iran, Egypt and Oman. Those systems can be compared and contrasted to those of Saudi Arabia, the United Arab Emirates, and Yemen with respect aspiring and adhering to a notion of rule of law, as well as the laws and policies pertaining to adherence to international law. The effort to compare and contrast, to understand and to appreciate, is key to interacting with nations and peoples for whom there may be a fundamental reconciliation at best, or a legal recognition at least, of religion and culture in their legal frameworks, and where shari’a, customary law of court-decided laws, and positive law of civil law will be influenced by nonreligious, tribal, clan, and family loyalties and proclivities.
Number of Pages in PDF File: 21
Keywords: Islam, Islamic, obligations, treaties, international law, legitimacy, agreements, Afghanistam Iraq, Iran, Egypt, Oman, Saudi Arabia, United Arab Emirates, UAE, Yemen
JEL Classification: K1, K10, K33Accepted Paper Series
Date posted: October 16, 2012
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