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Islamic State Practices, International Law and the Threat from Terrorism

A Critique of the 'Clash of Civilizations' in the New World Order

By: Javaid Rehman
Media of Islamic State Practices, International Law and the Threat from Terrorism
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Published: 31-05-2005
Format: PDF eBook (?)
Edition: 1st
Extent: 280
ISBN: 9781847311962
Imprint: Hart Publishing
Series: Studies in International Law
RRP: £63.00
Online price : £34.65
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About Islamic State Practices, International Law and the Threat from Terrorism

In the post '9/11' legal and political environment, Islam and Muslims have been associated with terrorism. Islamic civilization has increasingly been characterized as backward, insular, stagnant and unable to deal with the demands of the twenty first century and differences and schisms between Islam and the west are being perceived as monumental and insurmountable. '9/11' terrorist attacks have unfortunately provided vital ammunition to the critics of Islam and those who champion a 'clash of civilizations'.

In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism. It presents a detailed analysis of the sources of Islamic law and reviews the concepts of Jihad, religious freedom and minority rights within Sharia and Siyar. In eradicating existing misconceptions, the book provides a thorough commentary of the contributions made by Islamic States in the development of international law, including norms on the prohibition of terrorism. It presents a lucid debate on such key issues within classical and modern Islamic State practices as diplomatic immunities, prohibitions on hostage-taking, aerial and maritime terrorism, and the financing of terrorism.

The book surveys the unfairness and injustices within international law - a legal system dominated and operated at the behest of a select band of powerful States. It forewarns that unilateralism and the undermining of human rights values in the name of the 'war on terrorism' is producing powerful reactions within Muslim States: the 'new world order' presents a dangerous prognosis of the self-fulfilling prophecy of an inevitable 'clash of civilizations' between the Islamic world and the west.

Table Of Contents

Introductory Reflections and the Scope of the Study
Chapter 1: The Sources of Sharia and the Ethos of 'Islamic' Identity
Chapter 2: The Sharia and Siyar in the Development of the Law of Nations
Chapter 3: Conceptualising Terrorism in the International Legal Order
Chapter 4: Hostage-Taking in International Law and Terrorism against 'Internationally Protected Persons'
Chapter 5: Aerial and Maritime Terrorism
Chapter 6: Financing of International Terrorism
Chapter 7: OIC and the Approaches towards International Terrorism
Chapter 8: Concluding Observations

Reviews

“...the author gives a deep but easy to read introduction to Islamic law, which is also useful and understandable for those who have no knowledge about it...The book gives a broad view of terrorism, balancing a political perspective on the processes which led to the adoption of the main conventions with a juridical approach that analyses the relevant provisions and the consequences for their application. The author also introduces general concepts of international law, which are extremely useful to understand the phenomenon” –  Sara de Vido, Criminal Law Forum

“This type of scholarship is very much needed and would be welcomed in the present climate as a means of providing a rounded rather than a one-sided approach to the relationship between Islamic and international norms.” –  Mashood Baderin, University of the West of England, African Journal of International and Comparative Law

“…offers a much-needed challenge to commonly held views regarding Islam's relationship with terrorism.” –  Yale Journal of International Law, Issue 32

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