A Survey of Islamic Attitudes Towards the Legitimacy of International Law and International Agreements

Indian Yearbook of International Law & Policy, Vol. 2, p. 53, 2010-2011

21 Pages Posted: 16 Oct 2012  

Kevin H. Govern

Ave Maria School of Law; California University of Pennsylvania; John Jay College

Date Written: 2010

Abstract

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.

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, K33

Suggested Citation

Govern, Kevin H., A Survey of Islamic Attitudes Towards the Legitimacy of International Law and International Agreements (2010). Indian Yearbook of International Law & Policy, Vol. 2, p. 53, 2010-2011. Available at SSRN: https://ssrn.com/abstract=2162632

Kevin H. Govern (Contact Author)

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States
(239) 687-5390 (Phone)

HOME PAGE: http://www.avemarialaw.edu/faculty/profile/Kevin.Govern

California University of Pennsylvania ( email )

250 University Avenue
California, PA 15062
United States
(845) 234-8532 (Phone)

HOME PAGE: http://www.calu.edu/academics/faculty/Kevin-Govern.aspx

John Jay College ( email )

524 West 59th Street
New York, NY 10019
United States
(845) 234-8532 (Phone)

HOME PAGE: http://www.jjay.cuny.edu/faculty/kevin-govern

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