Islamic Law and the Law of Armed Conflict The Conflict in Pakistan Routledge Research in the Law of Armed Conflict Series
Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law.
Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law.
Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.
1. Introduction Part 1: The Islamic Law of Qital and the Law of Armed Conflict 2. The Islamic Law of Qital 3. The Islamic Law of Qital among Muslims 4. The Islamic Law of Qital and the Law of Armed Conflict Part 2: The Armed Conflict in Pakistan 5. Fighting the Taliban: A Legal Perspective 6. War Crimes in the Armed Conflict in Pakistan Part 3: Concluding Remarks 7. Concluding Remarks
Date de parution : 04-2013
15.6x23.4 cm
Disponible chez l'éditeur (délai d'approvisionnement : 14 jours).
Prix indicatif 64,97 €
Ajouter au panierDate de parution : 03-2011
15.6x23.4 cm
Thèmes d’Islamic Law and the Law of Armed Conflict :
Mots-clés :
character; non-international; cogens; forces; muslim; groups; jus; pakistani; security; states; ICC Statute; Humanitarian Aid; International Humanitarian Law; Human Suffering; Muslim World; Non-international Character; Islamic Law; Violated; AP II; Muslim Armed Group; Afghan Taliban; Islamic Legal Rules; South Waziristan; Armed Conflict; Suicide Missions; GC Iv; Islamic Criminal Law; Common Article; Fiqh Rules; Drone Attacks; Usul Al Fiqh; Baitullah Mehsud; CIA Drone Attack; Tribal Areas; Bajaur Agency