Islamic law and transnational diplomatic law : a quest for complementarity in divergent legal theories / Muhammad-Basheer A. Ismail.
2016
KBP2400 .I83 2016 (Map It)
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Details
Title
Islamic law and transnational diplomatic law : a quest for complementarity in divergent legal theories / Muhammad-Basheer A. Ismail.
Published
Houndmills, Basingstoke, Hampshire ; New York, NY : Palgrave Macmillan, 2016.
Call Number
KBP2400 .I83 2016
Former Call Number
Islam 910 Is5 2016
ISBN
9781137558763 (hardback)
1137558768 (hardback)
9781137558787 (ePUB)
9781137558770 (ePDF)
1137558768 (hardback)
9781137558787 (ePUB)
9781137558770 (ePDF)
Description
xv, 280 pages ; 23 cm.
System Control No.
(OCoLC)913712249
Summary
The book focuses on the compatibility of Islamic law and international diplomatic law, aiming to maximize diplomatic protection in Muslim states by invoking Islamic law in support of international diplomatic law at national level. The author further investigates the concept of diplomatic immunities and privileges under Islamic law and modern international law in theory and practice. The core of the book engages theoretical analyses of the two legal systems with a view to ascertaining the presence of any compatibility or tension in their respective principles on diplomatic law and then, examines the practices of some Muslim states within the context of that theoretical analysis. Ismail proposes that two legal systems are compatible and can be harmonized to enhance the concept of diplomatic immunities and privileges in Muslim states. The book facilitates better understanding of the relationship that exists between Islamic diplomatic law and international diplomatic law with the hope to ultimately maximize diplomatic protection by clarifying and developing Islamic diplomatic law, which may eventually, complement international diplomatic law.
Note
Based on the author's thesis (doctoral - University of Hull, England, 2012) issued under title: Islamic diplomatic law and international diplomatic law.
The book focuses on the compatibility of Islamic law and international diplomatic law, aiming to maximize diplomatic protection in Muslim states by invoking Islamic law in support of international diplomatic law at national level. The author further investigates the concept of diplomatic immunities and privileges under Islamic law and modern international law in theory and practice. The core of the book engages theoretical analyses of the two legal systems with a view to ascertaining the presence of any compatibility or tension in their respective principles on diplomatic law and then, examines the practices of some Muslim states within the context of that theoretical analysis. Ismail proposes that two legal systems are compatible and can be harmonized to enhance the concept of diplomatic immunities and privileges in Muslim states. The book facilitates better understanding of the relationship that exists between Islamic diplomatic law and international diplomatic law with the hope to ultimately maximize diplomatic protection by clarifying and developing Islamic diplomatic law, which may eventually, complement international diplomatic law.
The book focuses on the compatibility of Islamic law and international diplomatic law, aiming to maximize diplomatic protection in Muslim states by invoking Islamic law in support of international diplomatic law at national level. The author further investigates the concept of diplomatic immunities and privileges under Islamic law and modern international law in theory and practice. The core of the book engages theoretical analyses of the two legal systems with a view to ascertaining the presence of any compatibility or tension in their respective principles on diplomatic law and then, examines the practices of some Muslim states within the context of that theoretical analysis. Ismail proposes that two legal systems are compatible and can be harmonized to enhance the concept of diplomatic immunities and privileges in Muslim states. The book facilitates better understanding of the relationship that exists between Islamic diplomatic law and international diplomatic law with the hope to ultimately maximize diplomatic protection by clarifying and developing Islamic diplomatic law, which may eventually, complement international diplomatic law.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Series Editor Foreword
ix
Foreword / Niaz A. Shah
xi
Preface
xiii
Acknowledgments
xvii
1.
Introduction
1
2.
Historical Overview of the Universality of Diplomatic Practice
19
3.
Sources of Islamic and International Diplomatic Law: Between Tension and Compatibility
49
4.
General Overview of Diplomatic Immunity in International Diplomatic Law and Islamic Law
79
5.
Diplomatic Immunity in Muslim States: Islamic Law Perspective on Muslim State Practice
113
6.
Terrorist Attacks on Diplomatic Institutions: Jihad and Islamic Law Viewpoints
139
7.
Conclusion
165
Table of Cases
171
Table of Treaties and Statutes
173
Abbreviations
175
Notes
177