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There are twenty-nine Islamic law states (ILS) in the world today, and their Muslim population is over 900 million. Muslims in these countries--and, to some extent, all Muslims--are ethically, morally, doctrinally, or politically committed to the Islamic legal tradition, a unique logic and culture of justice based on nonconfrontational dispute resolution. In Islamic Law and International Law, Emilia Justyna Powell examines the differences and similarities between the Islamic legal tradition and international law, focusing in particular on the issue of conflict management and resolution.In many Islamic Law States, Islamic law displaces secular law in state governance and shapes these countries' international dealings. Powell considers why some of Islamic Law States accept international courts while others avoid them, stressing throughout that we cannot make blanket claims about such states. Each relationship is context-specific, hinging on the nature of the domestic legal system. Moreover, not all of these states are Islamic to the same degree or in the same way. Secular law and religious law fuse in different ways in different domestic legal systems.Often, the Islamic legal tradition points in one direction, while the Western-based, secularized international law points in another. However, Powell argues that Islamic legal tradition contains elements that are compatible with modern international law. She marshals original data on the legal systems structures in thirty Islamic Law States over the entire course of the post-World War Two era, and she draws from in-depth interviews with Islamic law scholars and leading practitioners of international law, including judges of the International Court of Justice. Rich in empirical evidence, this book will reshape how we think about the relationship between ILS and the international system. The book has been reviewed in more than 25 outlets, including 16 countries, to extensive praise.
This book investigates the complex intersection between Islamic legal traditions and the Western-based international legal system, specifically focusing on how domestic legal structures influence state behavior in conflict resolution. Emilia Justyna Powell, a scholar of international relations and law, utilizes a comprehensive dataset covering thirty Islamic Law States (ILS) from the post-World War Two era to the present. By analyzing the varying degrees of fusion between secular and religious law, she challenges monolithic views of Islamic states and argues that the Islamic legal tradition possesses inherent elements compatible with modern international adjudication.
What You Will Find
Experts and reviewers frequently highlight the book's rigorous empirical approach and its ability to nuance the discourse surrounding Islamic states and international law. The text is recognized as a significant contribution to the field, providing a balanced perspective that avoids broad generalizations while maintaining academic precision.
Page Count:
328
Publication Date:
2022-11-29
Publisher:
Oxford University Press
ISBN-10:
0197643027
ISBN-13:
9780197643020
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