Islamic International Law and the Right of Self-Defense of States

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : Journal of East Asia and International Law / 2권 / 1호
ㆍ저자명 : Abdul Ghafur Hamid @ Khin Maung Sein

목차

Islamic International Law and the Right of Self-Defense of States
I. Introduction
II. Islamic International Law2 and the Doctrine of‘ Jihad’
III. The Nature of Self-Defense in Islam
IV. The Holy Qur’an and the Idea of Self-Defense
V. The Practice of the Messenger of Allah(Peace be upon him)
VI. Kinds of Self-Defense
VII. Essential Conditions of Self-Defense
VIII. Self-Defense under Islamic and Contemporary International Law: A Comparison
IX. Conclusion

영어 초록

Islamic international law is a branch of the Shari’ah (Islamic law). Due to the classical doctrine of the notion of‘ Jihad,’there have been misconceptions and Islam has been painted as a religion encouraging violence and war. This paper appeals for the reconsideration of the classical doctrine, which was adopted at a time when there was a state of war between Islamic and non-Islamic states. Going back to the roots and referring to the Qur’an and the Sunnah: the two primary sources of Islamic law, the paper argues that Islam prohibits aggressive war and that the essence of‘ jihad’ is‘ self-defense.’After elaborating the essential conditions of the right of self-defense, the paper concludes that Islamic international law can contribute much to the present world order by providing moral and ethical values that modern international law is lacking.

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