Muhammad-Basheer Adisa Ismail
Islamic diplomatic law and international diplomatic law : a quest for compatibility
Ismail, Muhammad-Basheer Adisa
Authors
Contributors
Niaz A. Shah
Supervisor
Richard Burchill
Supervisor
Abstract
Most literatures on international law have been observed to neglect or give scanty attention to the contribution of Islamic law towards the development of modern international law, particularly the principles relating to the diplomatic immunity and privileges. It has often been maintained, especially by some Western commentators that there is no modicum of materiality between Islamic siyar and the rules of conventional international law; as such, Islamic law has nothing to offer the international legal system. The current spades of global terrorism which are allegedly perpetrated in the name of Islam against diplomatic institutions have further widened this perceived incongruity between the two legal regimes. This study therefore critiques and also evaluates the exactitude of the contention that the sources of the two legal regimes are incompatible. This study equally examines the compatibility in the diplomatic principles between Islamic diplomatic law and international diplomatic law. It also contends that the attacks on diplomats and diplomatic facilities are antithetical to the classical principles of jihaad and Islamic diplomatic law. It further argues that the need to harmonise the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority.
Citation
Ismail, M.-B. A. (2012). Islamic diplomatic law and international diplomatic law : a quest for compatibility. (Thesis). University of Hull. Retrieved from https://hull-repository.worktribe.com/output/4214601
Thesis Type | Thesis |
---|---|
Deposit Date | Oct 17, 2013 |
Publicly Available Date | Feb 23, 2023 |
Keywords | Law |
Public URL | https://hull-repository.worktribe.com/output/4214601 |
Additional Information | Law School, The University of Hull |
Award Date | Nov 1, 2012 |
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Copyright Statement
© 2012 Ismail, Muhammad-Basheer Adisa. All rights reserved. No part of this publication may be reproduced without the written permission of the copyright holder.
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