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. "This topical book is an important contribution to the rectification of persisted (simplistic and often willful) misconceptions of Islamic law and its compatibility with modern international law. Scholars and the general reader will benefit immensely from reading it."-HE Judge Awn Shawkat Al-Khasawneh, Former Prime Minister of Jordan and Former Judge at the International Court of Justice A tour de force, this book enriches our understanding of the international legal system as it shows that 'Islamic Law States' seek certainty in the settlement of their disputes. Most impressively, Powell explains how and why 'Islamic Law States' vary in their engagement with international courts and ar
Islamic Law and International Law