Vol. 5 No. 2 (2022): Pakistan Journal of International Affairs
Articles

ANALYTICAL STUDY OF ISLAMIC INTERNATIONAL LAW AND CONTEMPORARY INTERNATIONAL LAW

Published 2022-05-29

Abstract

Islam has elaborated rules, when it comes to International law. From the times of Abu Hanifa RA, Islamic scholars have elaborated the term ‘Siyar’ for international law and parallel to these legal rules there is also religious perspective on international law. The authors will present the Islamic view and principles governing Islamic international law, its origin, sources, development and role played over the centuries. Islamic law perceives itself as an all-embracing and, as far as Sharia is concerned, as a divine legal order, for which no Islamic state can deviate. So, the Muslim states tend to avoid the conflict between their legal order and Islamic law by adjusting the former as far as possible according to thelater. However, the relationship between Islamic law and contemporary international law becomes more complex and intricate. Here Islamic state/s cannot mold international law according to Islamic legal norms, so what is the way out? As far as, contemporary international law is concerned, it’s not ‘secular’ in nature, rather its ‘neutral’ in which Islamic states are accommodated, whereas, Siyar only strengthens the obligations of Islamic state and does not impose Islamic law upon non-Muslim states. This paper tries to find out similarities and divergences between both Islamic international law and public international law and propose the ways as to how they can be subsumed into each other.