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Islamic Law and International LawPeaceful Resolution of Disputes$
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Emilia Justyna Powell

Print publication date: 2020

Print ISBN-13: 9780190064631

Published to Oxford Scholarship Online: November 2019

DOI: 10.1093/oso/9780190064631.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 January 2020

International Law, Islamic Law, and Islamic Law States

International Law, Islamic Law, and Islamic Law States

Chapter:
(p.25) 2 International Law, Islamic Law, and Islamic Law States
Source:
Islamic Law and International Law
Author(s):

Emilia Justyna Powell

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190064631.003.0002

This chapter explains concepts fundamental to this book: international law, Islamic law, Islamic international law, sharia, and the category of Islamic law states (ILS). The ILS category offers an efficient and clear-cut conceptual vehicle for mapping out the balance between religious law and secular law, and how this balance translates into ILS’ preferences with respect to international conflict management venues. The chapter explains how the ILS category differs from other seemingly parallel concepts or definitions present in the scholarship, such as “Islamic states,” or “Muslim states.” It discusses the characteristics and internal variation within the ILS category across different countries and different schools of Islamic jurisprudence. This chapter also presents an analysis of ILS’ domestic legal systems, elaborating on Islamic constitutionalism, and the relationship between religious norms and secular norms in constitutions and sub-constitutional legal systems. Some features analyzed include holy oath, supremacy clause, and sharia education.

Keywords:   Islamic constitutionalism, Islamic law states, international law, Islamic international law, sharia, Islamic law, secular law, Islamic jurisprudence, sub-constitutional legal system, supremacy clause

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