Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Legal History
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Michigan Law Review
The implementation and enforcement of Islamic law, especially Islamic criminal law, by modem-day Muslim nation-states is fraught with controversy and challenges. In Pakistan, the documented problems and failures of the country's attempt to codify Islamic law on extramarital sexual relations have led to efforts to remove rape cases from Islamic law courts to civil law courts. In striking contrast to Pakistan's experience, the Republic of the Maldives recently commissioned a draft of a penal law and sentencing guidelines based on Islamic law that abides by international norms. The incorporation of Islamic law into the legal systems of various countries around …
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Religious Freedom And The Undoing Of The Westphalian State, Daniel Philpott
Michigan Journal of International Law
Not so long ago, in 1998, the world acknowledged both the fiftieth anniversary of the Universal Declaration of Human Rights and the 350th anniversary of the Peace of Westphalia. The Universal Declaration was celebrated in the popular press, by thousands of activists, and at well attended open forums at schools and universities. Westphalia was noted almost exclusively at academic conferences. But public obscurity is an undeserved fate for Westphalia, for its legacy in organizing our political world vies with that of the American and French revolutions. What Westphalia inaugurated was a system of sovereign states where a single authority resided …
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
Michigan Journal of International Law
This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …