Islamic law and international law: the terms of a relationship


Autoria(s): Nasser, Salem Hikmat
Data(s)

10/05/2010

10/05/2010

01/04/2010

Identificador

Nasser, Salem Hikmat. Islamic law and international law: the terms of a relationship. Artigos (working papers) DIREITO GV. São Paulo: DIREITO GV, n. 53, abr. 2010.

http://hdl.handle.net/10438/6556

Idioma(s)

en_US

Publicador

Escola de Direito de São Paulo da Fundação Getúlio Vargas (DIREITO GV)

Relação

Artigos Direito GV (Working papers) ; 53

Palavras-Chave #Direito islâmico #Direito internacional
Tipo

Working Paper

Resumo

The relationship between Islamic Law and other legal systems (basically western type domestic legal orders and international law) is often thought of in terms of compatibility or incompatibility. Concerning certain subject matters of choice, the compatibility of Islamic (legal) principles with the values embedded in legal systems that are regarded as characteristic of the Modern Age is tested by sets of questions: is democracy possible in Islam? Does Islam recognize human rights and are those rights equivalent to a more universal conception? Does Islam recognize or condone more extreme acts of violence and does it justify violence differently? Etc. Such questions and many more presuppose the existence of an ensemble of rules or principles which, as any other set of rules and principles, purport to regulate social behavior. This ensemble is generically referred to as Islamic Law. However, one set of questions is usually left unanswered: is Islamic Law a legal system? If it is a legal system, what are its specific characteristics? How does it work? Where does it apply? It is this paper`s argument that the relationship between Islamic Law and domestic and international law can only be understood if looked upon as a relationship between distinct legal systems or legal orders.