Jump to ContentJump to Main Navigation
International Law and ReligionHistorical and Contemporary Perspectives$
Users without a subscription are not able to see the full content.

Martti Koskenniemi, Mónica García-Salmones Rovira, and Paolo Amorosa

Print publication date: 2017

Print ISBN-13: 9780198805878

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198805878.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 December 2019

From Imperial to Dissident

From Imperial to Dissident

Approaches to Territory in Islamic International Law

Chapter:
(p.239) 11 From Imperial to Dissident
Source:
International Law and Religion
Author(s):

Nahed Samour

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198805878.003.0012

This chapter argues that contexts and interpretations of Islamic International Law have shifted from imperial to dissident, and that the imperial-dissident divide is a necessary frame for assessing Islamic international law as a legal system today. Core legal concepts of territorial acquisition through conquest were elaborated at a time that laid the foundations for Islamic Empires. Importantly, the laws of territorial conquest were linked to the laws of property, taxation and trusts, which were key in keeping conquered territory divided or united. Conceptional interpretations shifted from the imperial to the dissident when territory was not to be acquired but later on defended against conflicting legal orders permitting foreign domination. This historic, paradigmatic shift from a law with a formerly imperial character to law as dissent might explain some of the existing dissonances within Islamic International law as well as between Islamic international law and prevailing understandings of international law.

Keywords:   territory, Islam, empire, conquest, colonialism, property, taxation, land

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .