Theme: One International Relations or Many? Multiple Worlds, Multiple Crises
Wednesday 18 – Saturday 21 September 2013
Warsaw, Poland
Organised by the ECPR Standing Group on International Relations and EISA in cooperation with the Institute of International Relations, University of Warsaw and the Polish Association for International Studies.
This panel indicates and explains frameworks and/or paradigms between International Relations and Islam.
Chair:
Prof. Dr. Turan Kayaoglu (Associate Professor of International Relations,
Interdisciplinary Arts and Sciences, University of Washington, Tacoma)
Discussant:
Prof. Dr. Maurits S. Berger, LLM is the Professor of Islam in the
contemporary West and the Sultan of Oman Chair for Oriental Studies of the
Institute for Religious Studies, Faculty of Humanities, Leiden University. He
is also a Senior Research Associate at the Netherlands Institute of
International Relations 'Clingendael'.
Paper Presenters:
Treaties
as an Important Source of International Relations in Islam: Approaching some
Treaties of Classical and Pre-Modern Era in Contemporary Context
Tauseef Ahmad Parray is a Doctoral Candidate in the
Department of Islamic Studies, Aligarh Muslim University (AMU), Aligarh, India,
and Sadia Jabeen is a PhD Research Scholar, University of Peshawar, Pakistan.
Treaties are an important source of Islamic International
Law. From the classical period to the pre-modern times, there have been
treaties, pacts and alliances between Muslims and non-Muslims that have proved
to be very helpful as far as International relations in Islam are concerned. In
this direction, in this paper, five (5) treaties, both of classical as well as
of modern era, will be assessed and evaluated from the contemporary
perspective. These four treaties are: i) Constitution of Medina, ii) Treaty of
Hudaybiyyah (March 628/6 AH), iii) Treaty of Umar, iv) Treaty of 1535 between
Sultan Mehmet and Frances of France, and v) Ottoman treaty with Russia in 1739.
These treaties can act as “models” in the present times as well to establish
friendly relations with non-Muslims countries and nation-states in various
fields, socio-economic, scientific and technological, and other relations.
Types
of Treaties in Islamic International Law: A Comparative Analysis with Public
International Law
Prof. Muhammad Zia Ul Haq (International Islamic
University,Islamabad, Pakistan)
Historically, Muslim societies have always been keen to
interact with other nations and civilizations for the settlement of disputes.
For this purpose, they used international negotiations as a tool. In the early
period of Islam, as a result of international negotiations, Muslims
successfully entered into many international treaties, agreements, and
charters. These agreements and charters, which were completed during the period
of Prophet Muhammad (PBUH) and early Caliphs, later on became not only
historical documents, describing a formative period of Islamic civilization,
but also became sources of Islamic International Law. These agreements also
contributed directly or indirectly to the development of modern international
law. The legitimacy of international treaties is proved from Quran and Sunnah,
and Quran has clearly instructed the Muslims, not only to respond positively
when called for peaceful treaties, but also instructed them to fulfill their
commitments. The same has been expressed in the Sunnah of Holy Prophet (PBUH),
who himself concluded many international treaties, charters, and agreements.
Muslims jurists have divided international treaties and agreements in various
categories, such as, agreements of friendship, peace treaties, trade treaties,
treaties for protection, and forced treaties. In Islamic Law, treaties must be
conducted by the authorized personality, it should be for the protection of the
interests of Muslims, it should not be a void treaty, and periods of treaties
should also be fixed. Along with types and conditions of international
treaties, Muslim jurists have also provided detailed rulings of Shariah
regarding compliance with international treaties. They have also spoken of ways
and mechanisms for termination of treaties. The possibilities of permanent
international peace treaties were also deliberated upon by Muslim jurists. The
types of agreements, its conditions, authority for conducting international
agreements, and termination of international agreements in international law,
are not too dissimilar to Islamic International Law. However, rulings of
Shariah regarding these issues were established centuries before the evolution
of modern international law. Therefore, it cannot be ruled out, that Islamic
International Legal thought has contributed directly or indirectly in the
development of modern international law and the treatise of Muslim jurists that
were developed and complied during 9th Century C.E., may have been used as
sources of rules of international law on treaties by European scholars in the
16th Century.
The
Impact of Islamic Treaties on the Development of the Doctrine of Liberty of
Faith in Contemporary International Law
Rizwan Faiz Muhammad (International Islamic University
Islamabad, Pakistan)
The doctrine of liberty of faith has a central place in
contemporary international law. Modern developments in this area of
international law begun in the 19th century, and the doctrine was subsequently
accepted as a part of customary international law, and incorporated in
international law through various instruments, including the Universal
Declaration on Human Rights, and the European Convention on Human Rights.
Contrary to certain perceptions regarding early Islamic interactions with
people of other faiths, Islamic treaties, from the earliest days of the Holy
Prophet (PBUH) and the early Caliphs, as well as in later years, placed a
significant amount of focus on liberty of faith, as a central theme in dealing
with other nations, and people of other faiths. This stems from a fundamental
principle set out in the Holy Quran, whereby there is be no compulsion in
matters of faith. Islamic International Law has not treated this injunction as
mere theological belief, but has incorporated this as a principle of dealing
with people of different faiths. Islam came into contact, often hostile, with
people of other faiths from its very inception. Despite the hostile nature of
such contacts, Islamic treaty making, starting from the Misaq of Madina, the
Treaty of Hudaibiya, and subsequent treaties after the conquest of Mecca, shows
that liberty of faith has as a matter of policy and practice, was given
paramount importance from the very beginning, thus setting a precedent for
future development of Islamic International Law, and Shariah rulings on the
subject. The present article aims to analyze a number of early Islamic
treaties, including specifically the treaty with the People of Najran, Treaty with
the People of Jerusalem, the Treaty of Lud, and select subsequent treaties by
Muslim rulers, and related Shariah rulings by early scholars, from the
perspective of the doctrine of liberty of faith, in order to understand the
impact of Islamic International Law on the genesis and development of the
doctrine of liberty of faith in modern international law.
Significance
of Islamic (Shariah) Law in Contemporary International Relations
Tahira Ifraq (International Islamic University, Islamabad,
Pakistan)
Shariah Law has combined in itself, not only what law
‘is’ but also what law ‘ought to be’. It is in short, the ‘is’ and the ‘ought
to’ of law and thus positive as well as ideal and may aptly to be described as
the Positive law in Ideal form. Islam considered life as an organic whole, all
its parts to be governed by Islamic Law, hence the conception “render unto
Caesar the things that are Caesar’s,and render unto God the things that are
God’s” has no applicability to it. Islam is a universal religion so as is its
law. Majid Khadduri has points out that the relevance of comparative studies of
Islamic Law of War and Peace is inbuilt in the interpretation of Article of the
Statute of the International Court of Justice, under which the Court applies
“the general principles of law recognized by civilized nations.” There is now
so much interest in the debate over the question whether the international law
of which Hugo Grotius is often called the father is so completely
Western-European in inspiration and outlook as to make it unsuitable for
universal application in these days of a much wider and more varied
international community of states .The attention recently paid-both in
scholarly writing and in international arbitral awards-to Asian, Middle
Eastern, and Islamic precursors of the law of nations has revealed how widely
certain concepts have influenced man’s thought as problems concerning the
interrelationships of various groups have been faced throughout history.
Therefore it has to be understood that the various systems of international
relations including Islamic has contemporary significance for the better
International Relations and world peace. The is the purpose of this article
which will focused on tracing the contemporary significance of Shariah Law in
international relations.
Islam’s
Role in Internationalization of Human Society
Dr. Abdul Qaddus Suhaib (Bahauddin Zakariya
University,Multan, Pakistan)
Islam’s perspective, insofar relations with other
societies and civilizations is concerned, has always been outward looking. From
the early days of the Holy Prophet (PBUH), the Muslim State tried to establish
friendly relations with neighboring, as well as distant states. Thus, even
before the age of conquests, Muslims and Islam were rather well-known in even remote
areas of the world at the time. Subsequently, the spread of Islam owes much to
the travelers, traders and other individuals who ventured as far as China, and
the heart of Africa, and their travels have been well-documented. Contemporary
perspectives of Islam often consider it to be an inward looking religion where
contact and interaction with other societies is shunned and discouraged.
Although these perspectives are based on observations and analysis of recent
practices, such practices are often the result of regional political and social
phenomenon, and are restricted to certain areas within the Muslim world, and
can be explained through various phenomenons which are not linked with the
teachings of Islam. The current article aims to examine Islamic teachings and
practices regarding interaction with other societies and civilizations, in
order to examine Islam’s role in internationalization of Human Society, and to
study the role played by Muslim civilization in the development of other
civilizations in adoption and adaptation, as well as its role as a bridge
between different civilizations.
No comments:
Post a Comment