Islam and International Criminal Law and Justice
IANP
About
Mindful of alleged and proven core international crimes committed within the mainly-Muslim world, this book explores international criminal law and justice in Islamic legal, social, philosophical and political contexts. Discussing how law and justice can operate across cultural and legal plurality, leading Muslim jurists and scholars emphasize parallels between civilizations and legal traditions, demonstrating how the Islamic ‘legal family’ fi nds common ground with international criminal law. The book analyses questions such as: How do Islamic legal traditions impact on state practice? What constitutes authority and legitimacy? Is international criminal law truly universal, or too Western to render this claim sustainable? Which challenges does mass violence in the Islamic world present to the theory and practice of Islamic law and international criminal law? What can be done to encourage mainly-Muslim states to join the International Criminal Court? Offering a way to contemplate law and justice in context, this volume shows that scholarship across ‘legal families’ is a two-way street that can enrich both traditions. The book is a rare resource for practitioners dealing with accountability for atrocity crimes, and academics interested in opening debates in legal scholarship across the Muslim and non-Muslim worlds.
The book contains chapters by the editor, Onder Bakircioglu, Mashood A. Baderin, Asma Afsaruddin, Abdelrahman Afi fi , Ahmed Al-Dawoody, Siraj Khan, Shaheen Sardar Ali and Satwant Kaur Heer, and Mohamed Elewa Badar, in that order.
Infobox
Tallyn Gray is a post doctoral fellow with the University of São Paulo Faculty of Law and Fellow at the Westminster Law and Theory Lab.
Table Of Contents
Acknowledgements
Foreword by the Series Editor
Editor’s Preface
Glossary
- Introduction
By Tallyn Gray - The Principal Sources of Islamic Law
By Onder Bakircioglu - Islamic Socio-Legal Norms and International Criminal Justice in Context: Advancing an ‘Object and Purpose’ cum ‘Maqáṣid’ Approach
By Mashood A. Baderin - Islamic Law and the Limits of Military Aggression
By Asma Afsaruddin - Jus in Bello and General Principles Related to Warfare According to Islamic Law
By Abdelrahman Afifi - Non-International Armed Conflicts under Islamic Law: The Case of ISIS
By Ahmed Al-Dawoody - Arab and Islamic States’ Practice: The Sharíʿah Clause and its Effects on the Implementation of the Rome Statute of the International Criminal Court
By Siraj Khan - What is the Measure of ‘Universality’? Critical Reflections on ‘Islamic’ Criminal Law and Muslim State Practice vis-à-vis the Rome Statute and the International Criminal Court
By Shaheen Sardar Ali and Satwant Kaur Heer - Is There a Place for Islamic Law within the Applicable Law of the International Criminal Court?
By Mohamed Elewa Badar