Islamic International Law and the right of self-defence of states
Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of ‘Jihad,’ there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, whi...
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| Format: | Article |
| Language: | English |
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Yijun Institute of International Law
2009
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| Online Access: | http://irep.iium.edu.my/1116/ http://irep.iium.edu.my/1116/1/Islamic_IL_and_Right_of_self-defence_of_States_%28Journal_of_East_Asis_and_IL%29%28Prof._Abdul_Ghafur_Hamid%40Khin_Maung_Sein..pdf |
| _version_ | 1848775799719591936 |
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| author | Hamid, Abdul Ghafur@Khin Maung Sein |
| author_facet | Hamid, Abdul Ghafur@Khin Maung Sein |
| author_sort | Hamid, Abdul Ghafur@Khin Maung Sein |
| building | IIUM Repository |
| collection | Online Access |
| description | Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of ‘Jihad,’ there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur’an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of ‘jihad’ is‘self-defense.’ After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking. |
| first_indexed | 2025-11-14T14:19:56Z |
| format | Article |
| id | iium-1116 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T14:19:56Z |
| publishDate | 2009 |
| publisher | Yijun Institute of International Law |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-11162023-03-28T07:06:31Z http://irep.iium.edu.my/1116/ Islamic International Law and the right of self-defence of states Hamid, Abdul Ghafur@Khin Maung Sein KZ Law of Nations Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of ‘Jihad,’ there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur’an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of ‘jihad’ is‘self-defense.’ After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking. Yijun Institute of International Law 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/1116/1/Islamic_IL_and_Right_of_self-defence_of_States_%28Journal_of_East_Asis_and_IL%29%28Prof._Abdul_Ghafur_Hamid%40Khin_Maung_Sein..pdf Hamid, Abdul Ghafur@Khin Maung Sein (2009) Islamic International Law and the right of self-defence of states. Journal of East Asia and International Law, 2 (1). pp. 67-101. ISSN 1976-9229 http://www.yiil.org/home/en_archives_2009_2_1 |
| spellingShingle | KZ Law of Nations Hamid, Abdul Ghafur@Khin Maung Sein Islamic International Law and the right of self-defence of states |
| title | Islamic International Law and the right of self-defence of states |
| title_full | Islamic International Law and the right of self-defence of states |
| title_fullStr | Islamic International Law and the right of self-defence of states |
| title_full_unstemmed | Islamic International Law and the right of self-defence of states |
| title_short | Islamic International Law and the right of self-defence of states |
| title_sort | islamic international law and the right of self-defence of states |
| topic | KZ Law of Nations |
| url | http://irep.iium.edu.my/1116/ http://irep.iium.edu.my/1116/ http://irep.iium.edu.my/1116/1/Islamic_IL_and_Right_of_self-defence_of_States_%28Journal_of_East_Asis_and_IL%29%28Prof._Abdul_Ghafur_Hamid%40Khin_Maung_Sein..pdf |