International Law and Islamic Law 2017
DOI: 10.4324/9781315092515-16
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Islamic Law/Shari’a, Human Rights, Universal Morality and International Relations

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Cited by 6 publications
(11 citation statements)
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“…Moreover, the role of the state in the Islamic tradition could be different from the Western tradition. Certainly, imposing shari'a law on the society or regarding the state as a caliphate where the leader's government should work on the realization of a divine law and order is close to the ideology of Islamism rather than Islam (Tibi 1994(Tibi , 2012. However, it " is likely that many mainstream Muslims would theoretically welcome a renewal of the caliphate, but feel that it is not for them to bring this about" (Silverstein 2010, 75).…”
Section: Summarizing Empirical Results In the Light Of The Theorymentioning
confidence: 99%
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“…Moreover, the role of the state in the Islamic tradition could be different from the Western tradition. Certainly, imposing shari'a law on the society or regarding the state as a caliphate where the leader's government should work on the realization of a divine law and order is close to the ideology of Islamism rather than Islam (Tibi 1994(Tibi , 2012. However, it " is likely that many mainstream Muslims would theoretically welcome a renewal of the caliphate, but feel that it is not for them to bring this about" (Silverstein 2010, 75).…”
Section: Summarizing Empirical Results In the Light Of The Theorymentioning
confidence: 99%
“…However, it " is likely that many mainstream Muslims would theoretically welcome a renewal of the caliphate, but feel that it is not for them to bring this about" (Silverstein 2010, 75). Silverstein's speculation can prove false, but one reason why states in Muslim countries were comparatively weak in history, although at the same time often authoritarian, could be that interpretations of Qur'an and the Sunna by Muslim scholars did indeed suggest a kind of divine order (Tibi 1994). There are plenty of Surahs in the Qur'an related to educational goals and practices (Antes 1991, 70-71).…”
Section: Summarizing Empirical Results In the Light Of The Theorymentioning
confidence: 99%
“…39 In reference to the premises of siyar, a conception of an Islamic international order is also proposed. 40 Some accounts, on the other hand, rely on a more specific focus involving the Islamic perspective on war and peace. 41…”
Section: Siyar As a Field Of Study And Al-shaybani's Siyarmentioning
confidence: 99%
“…However, the PBL does not explain the inconsistencies found in embracing Sharia law, which reflects the cultural relativism paradigm while adopting international human rights treaties, which parallels the universalism paradigm. The adoption of the two paradigms (relativism and universalism) might be unquestionable if there was no tension between religious and secular discourses on framing human rights policies and the methods needed to implement such rights (An-Na’im, 2000; Sharma, 2006; Tibi, 1994). Therefore, the PBL must provide a perspective on such juxtaposition and conceptualize a road map to bridge the two models.…”
Section: Human Rights and Pblmentioning
confidence: 99%