Modern Application of Siyar (Islamic Law of Nations): Some Preliminary Observations

Ahamat, Haniff; Kamal, Mohd Hisham Mohd

doi:10.1163/157302511x596221

Cited by 3 publications

(3 citation statements)

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“…The Eritrea/Yemen case can be considered an accidental law-making exercise which gives breath to Islamic international law. There have been attempts to theorise the modernisation of the traditional discipline of Islamic international law that is siyar, to be relevant in contemporary international relations especially those between Muslim States (Ahamat, 2010;Ahamat & Kamal, 2011;Bashir, 2018;Powell, 2022;Shapiee, 2007;Shapiee, 2006).…”

Section: The Eritrea/yemen Case and Modern Islamic International Law ...mentioning

confidence: 99%

China’s South China Sea Claims, the Historic Rights Debate and the Middle Approach of Islamic International Law

Ahamat

Basir

Aziz

et al. 2023

Journal of International Studies

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The notion of historic rights forms the major basis to the claim by China to ‘islands’ in the South China Sea and the adjacent waters which are located within what is known as the nine-dash line. The South China Sea Arbitration case (Philippines v. China) has shown divergence between China’s interpretation of historic rights and the territorial acquisition regime under positive international law. This paper argues that Islamic international law has clearer principles on historic rights that do not upset the territorial sovereignty of coastal states. However, these principles must be appraised in the correct context of Islamic international law because it subscribes to a different approach to state sovereignty. Due to the importance of historic rights in this paper, the authors used both black letter and historical approaches to legal research. With historical legal research, the authors looked at the historical facts objectively in order to know how legal rules on sovereignty claims over maritime areas are formed throughout history particularly from the perspective of Islamic international law. This paper enables Islamic international law to offer a middle ground in which the proponents and opponents of China’s historical rights claims could meet.

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Section: The Eritrea/yemen Case and Modern Islamic International Law ...mentioning

confidence: 99%

China’s South China Sea Claims, the Historic Rights Debate and the Middle Approach of Islamic International Law

Ahamat

Basir

Aziz

et al. 2023

Journal of International Studies

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“…The division between private and public international law under the traditional Islamic international law is also blurred. Thus the issue of "crossborder" marriages, or those taking place in a "territory of war" ( -), is also found in Al-Shaybani"s treaties on siyar [5,6]. Islamic conflict of laws does not emphasize on state borders and concepts such as nationality or domicile in ascertaining the applicable law to a marriage and the court that has jurisdiction thereupon [3].…”

Section: The Concept Of Private International Lawmentioning

confidence: 99%

Application of Private International Law Instruments in the Recognition of Marriages by Shariah Court in Malaysia

Said¹,

Ahamat²,

Hak³

et al. 2018

IJET

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In recent years, the phenomenon of cross-border marriage has provoked an increase of international disputes in family relationship. In Malaysia, due to growing cross-border marriage, the Shariah Court in Malaysia cannot avoid and they have been forced to react to this situation. Patterns and characteristics of cross-border marriage have varied widely among world regions and races and therefore need theoretical enlightenments. The ideals of marriage which may reflect in husbands and wives thinking of living happily ever after may easily be stumped by the realities of life when problems arise. Due to the increasing number of cross-border marriage and very limited research on the international dimensions of the law regulating peculiar aspects of marriages, this paper aims to discuss the application of rules of private international law in the Malaysian Shariah courts affecting recognition of cross-border marriage. In this study, data was obtained from materials consisting of textbooks, legal cases, legislation, journals, magazines, newsletters, newspapers, seminar and conference papers and unpublished writings (dissertations and theses). This paper involves investigation and analysis of the materials available in the library. Hence, it uses the historical, analytical and comparative methods. This article is a preamble to a more detailed study of the International marriages which the result will be useful for further improvement of the existing legal provisions in Malaysia.

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“…Prior to the contemporary compilation of war rules in term of IHL, and its widely acceptance by the international community, the Muslim society had already developed their rules of war in the light of the Qur'an and the Sunnah, commonly known as Fiqh al-Siyar. 3 These rules as framed by the Prophet (PBUH) have been further developed by Islamic jurists subsequently till the contemporary ages of international relations. Having two separates, though of common intent, to regulate the warfare for the common interest of the humanity, create inconvenience for war affectees.…”

Section: Introductionmentioning

confidence: 99%

ENGLISH: Islamic Jurisprudence and Geneva Convention: Searching Compatibility for Women Worriers’ Rights

Ali

Sheikh

Sohail³

2021

rahat

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This research paper evaluates the Islamic values vis-a-vis Geneva Convention concerning the rights of women warriors as prisoners of war by the victorious country. The discussion is to discover the similarities and differences between the two areas on the subject. This study focuses the probability of combining these two separate areas but common in objectivity. The Islamic law protects the women from the scourges of war in a number of ways. Similarly, the Geneva Convention also tries to protect the women as prisoners of war. This study concerns the main research question as to whether there may be the compatibility between Islamic and Geneva Convention law for developing a common code on the issue of rights of women worriers. The objective of the study undertaken is to develop a common code through reconciliation between these two separate regulations for conducting war, and ensuring the upholding of human dignity of female worriers. This will complement the existing knowledge on the issue as a guideline for all concerned in the context of International Humanitarian Law.

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Modern Application of Siyar (Islamic Law of Nations): Some Preliminary Observations

Abstract: BRILL) announces that at its Annual General Meeting of shareholders (AGM), held today, all proposals were approved.

Cited by 3 publications

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China’s South China Sea Claims, the Historic Rights Debate and the Middle Approach of Islamic International Law

China’s South China Sea Claims, the Historic Rights Debate and the Middle Approach of Islamic International Law

Application of Private International Law Instruments in the Recognition of Marriages by Shariah Court in Malaysia

ENGLISH: Islamic Jurisprudence and Geneva Convention: Searching Compatibility for Women Worriers’ Rights

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