Islamic Law and Transnational Diplomatic Law: A Quest for Complementarity in Divergent Legal Theories (Philosophy, Public Policy, and Transnational Law)

This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations generally with a view to enhancing unfettered diplomatic cooperation should be of paramount priority. The book focuses on the compatibility of Islamic law and international diplomatic law, aiming to maximize diplomatic protection in Muslim states by invoking Islamic law in support of international diplomatic law at national level. The author further investigates the concept of diplomatic immunities and privileges under Islamic law and modern international law in theory and practice. The core of the book engages theoretical analyses of the two legal systems with a view to ascertaining the presence of any compatibility or tension in their respective principles on diplomatic law and then, examines the practices of some Muslim states within the context of that theoretical analysis. Ismail proposes that two legal systems are compatible and can be harmonized to enhance the concept of diplomatic immunities and privileges in Muslim states. The book facilitates better understanding of the relationship that exists between Islamic diplomatic law and international diplomatic law with the hope to ultimately maximize diplomatic protection by clarifying and developing Islamic diplomatic law, which may eventually, complement international diplomatic law The book explores the compatibility of Islamic law and international diplomatic law, aiming to maximize diplomatic protection in Muslim states by invoking Islamic law in support of international diplomatic law at national level. The author investigates the concept of diplomatic immunities and privileges under Islamic law and modern international law in theory and practice. The core of the book engages theoretical analyses of the two legal systems with a view to ascertaining the presence of any compatibility or tension in their respective principles on diplomatic law and then, examines the practices of some Muslim states within the context of that theoretical analysis. Ismail proposes that two legal systems are compatible and can be harmonized to enhance the concept of diplomatic immunities and privileges in Muslim states. The book facilitates a better understanding of the relationship that exists between Islamic diplomatic law and international diplomatic law with the hope to ultimately maximize diplomatic protection by clarifying and developing Islamic diplomatic law, which may eventually complement international diplomatic law Front Matter....Pages i-xvii Introduction....Pages 1-17 Historical Overview of the Universality of Diplomatic Practice....Pages 19-47 Sources of Islamic and International Diplomatic Law: Between Tension and Compatibility....Pages 49-77 A General Overview of Diplomatic Immunity in International Diplomatic Law and Islamic Law....Pages 79-112 Diplomatic Immunity in Muslim States: Islamic Law Perspective on Muslim State Practice....Pages 113-138 Terrorist Attacks on Diplomatic Institutions: Jihad and Islamic Law Viewpoints....Pages 139-164 Conclusion....Pages 165-170 Back Matter....Pages 171-280