Islamic State Practices, International Law and the Threat from Terrorism A Critique of the 'Clash of Civilizations' in the New World Order

by Rehman, Javaid

• ISBN13: 9781841135014
• ISBN10: 1841135011
• Format: Hardcover
• Copyright: 2005-06-07
• Publisher: Hart Publishing

Summary

In the post 9/11 legal and political environment, Islam and Muslims have been associated with terrorism. Islamic civilization has increasingly been characterized as backward, insular, stagnant and unable to deal with the demands of the twenty first century and differences and schisms between Islam and the west are being perceived as monumental and insurmountable. 9/11 terrorist attacks have unfortunately provided vital ammunition to the critics of Islam and those who champion a clash of civilizations . In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism. It presents a detailed analysis of the sources of Islamic law and reviews the concepts of Jihad, religious freedom and minority rights within Sharia and Siyar. In eradicating existing misconceptions, the book provides a thorough commentary of the contributions made by Islamic States in the development of international law, including norms on the prohibition of terrorism. It presents a lucid debate on such key issues within classical and modern Islamic State practices as diplomatic immunities, prohibitions on hostage-taking, aerial and maritime terrorism, and the financing of terrorism. The book surveys the unfairness and injustices within international law - a legal system dominated and operated at the behest of a select band of powerful States. It forewarns that unilateralism and the undermining of human rights values in the name of the war on terrorism is producing powerful reactions within Muslim States: the new world order presents a dangerous prognosis of the self-fulfilling prophecy of an inevitable clash of civilizations between the Islamic world and the west.

Author Biography

Javaid Rehman is a Professor of Law at the University of Ulster, UK.

Table of Contents

Acknowledgements	vii
Table of Cases	xiii
Table of Treaties	xv
Glossary	xix
Introductory Reflections and the Scope of the Study	1	(9)
Scope of the Study	3	(1)
Structure of the Book	4	(3)
The 'Clash of Civilisations' and the 'New World Order'	7	(3)
1 The Sources of Sharia and the Ethos of an 'Islamic' Identity	10	(34)
Introduction	10	(1)
The Sources of the Sharia and Siyar	11	(3)
Secondary Sources of Sharia	14	(1)
Understanding the Content and Scope of the Sharia	15	(2)
Extrapolating Legal Norms from Religious Sources	17	(1)
Permutations of Legal Schools of Thought	18	(3)
Surveying Islamic State Practices	21	(3)
Impact of European Imperialism upon the Muslim Peoples	24	(2)
Modern Islamic States and Issues of Islamic Identity	26	(1)
The Organisation of the Islamic Conference (OIC)	27	(1)
Institutions of the OIC	28	(2)
Subsidiary Organs of the OIC	30	(3)
Affiliated Insitutions	33	(4)
Additional Institutions	37	(1)
Specialised Institutions and Organs	37	(3)
Standing Committees	40	(2)
Conclusions	42	(2)
2 The Sharia and Siyar in the Development of the Law of Nations	44	(27)
Introduction	44	(1)
Sharia and the Law of Nations	45	(6)
Jihad, Violence and International Terrorism: Articulation of Legal Principles	51	(2)
Contextualising Jihad and the Use of Force: Intertemporal Law and Compatibilities with Modern Norms of International Law	53	(7)
The Use of Force and Religious Tolerance	60	(5)
Ideology of Tolerance and Modern State Practices	65	(4)
Conclusions	69	(2)
3 Conceptualising Terrorism in the International Legal Order	71	(26)
Introduction	71	(2)
The Definitional Issues	73	(4)
Recent Developments on Definitional Issues	77	(2)
Review of Comparative Regional Perspectives on Terrorism	79	(4)
Examining the Substance of Terrorism in the Development of International Law	83	(2)
International Efforts to Formulate Legal Principles Prohibiting All Forms of Terrorism	85	(7)
Dealing with Specific Terrorist Activities	92	(3)
Conclusions	95	(2)
4 Hostage-Taking in International Law and Terrorism against 'Internationally Protected Persons'	97	(33)
Introduction	97	(1)
Hostage Taking: Denial of Fundamental Human Rights and the Breach of Peremptory Norms of International Law	98	(3)
Islamic Perspectives on the Convention	101	(11)
Internationally Protected Persons and International Law	112	(1)
The New York Convention and Internationally Protected Persons	113	(4)
Islamic Perspectives on the Protection of Diplomats	117	(2)
Articulation of the Rights of Internationally Protected Persons Under Islamic Law	119	(4)
The Sharia and Hostage-Taking of Internationally Protected Persons	123	(3)
Abuse of Immunity by Internationally Protected Persons	126	(3)
Conclusions	129	(1)
5 Aerial and Maritime Terrorism	130	(33)
Introduction	130	(1)
Aerial Terrorism	131	(1)
Combating Aerial Terrorism	132	(4)
Dealing with Aerial Sabotage	136	(3)
Islamic Treaty Ratifications on Aerial Terrorism	139	(2)
Incidents of Conflict and Islamic States	141	(1)
Judiciousness and Approaches to Accountability	142	(9)
Accountability for Terrorist Offences	151	(1)
Maritime Terrorism	152	(1)
The Achille Lauro Incident and Islamic State Practices	153	(2)
Examining the Legitimacy of the US Use of Force	155	(1)
The Adoption of the Convention	155	(2)
Human Rights Concerns	157	(2)
Islamic States' Involvement with the Maritime Convention	159	(2)
Conclusions	161	(2)
6 Financing of International Terrorism	163	(28)
Introduction	163	(2)
The United Nations and Attempts to Curb Financing of International Terrorism	165	(3)
Combating Financing of Terrorism: The International Convention for the Suppression of the Financing of Terrorism (1999)	168	(15)
9/11 and Implications for Islamic Communities and Institutions	183	(3)
Curbing the Financing of Terrorism and Islamic State Practices	186	(3)
Conclusions	189	(2)
7 The OIC and Approaches to International Terrorism	191	(30)
Introduction	191	(1)
Terrorism, Antagonism and a Lack of Trust Amongst Islamic States	192	(2)
The Establishment of the OIC: Reacting to External Aggression	194	(6)
Aggression and Terrorism versus the Right to Self-determination: Cases of Crises	200	(10)
The OIC and Legal Instruments Combating International Terrorism	210	(7)
The Role of the OIC and its Member States in the Aftermath of 11 September 2001	217	(3)
Conclusions	220	(1)
8 Concluding Observations	221	(10)
Positioning Islam within the Context of International Terrorism	221	(2)
Rationalising the debate on a Culture of Conflict and the 'Clash of Civilisations'	223	(4)
11 September 2001, Islamophobia and the Future for Muslims	227	(4)
Select Bibliography	231	(16)
Index	247