International Law Western and Islam Perspective

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UK Centre for Legal Education

Siyar (Islamic International Law)

Manual on Teaching Islamic International Law (Siyar)

©2008 (UKCLE – 1st Draft Copy)
CONTENTS

COURSE AIMS & OBJECTIVES
COURSE SYLLABUS
LECTURES AND TUTORIALS
LITERATURE ON SYLLABUS
TUTORIAL ESSAYS
COURSE MATERIALS
COURSE ASSESSMENT
TEACHING ISLAMIC INTERNATIONAL LAW (SIYAR)
CONTEMPORARY CASES ON ISLAMIC INTERNATIONAL LAW
OVERVIEW OF ISLAMIC INTERNATIONAL LAW (SIYAR)
RECOMMENDED BIBLIOGRAPHY

COURSE AIMS & OBJECTIVES

The major goal of the International Islamic law (Siyar) at undergraduate/postgraduate level is to introduce candidates to Islamic notion of international law that significantly differs of that modern international law. The Islamic International Law (Siyar) deals with body of rules that regulate relations between Islamic state and other non-Muslim states that are viewed as alien states by Islamic law. The major function of the Course, therefore, is to provide a sound understanding of how Siyar (Islamic International law) evolved and developed, and to critically examine the significance of this law in the hierarchy of branches of Islamic law and Islamic state practices.

The focus of the preliminary sections of the Course, entitled General Introduction to Islamic International Law and Basic Concepts of Islamic International Law, is an introduction to the concept and nature of the legal discipline in the hierarchy of Islamic legal subjects. This will require a study of the history, theory and sources of Islamic International Law and its modern form.

COURSE SYLLABUS

I. General Introduction to Islamic International Law (Siyar)

1.Historical Foundations of Islamic International Law
2.Fundamentals of Islamic International Law
3.Legal scholarship on Islamic International Law
4.Sources of Islamic International Law

II. Basic concepts of Islamic International Law (Siyar)

1.Jihad, Violence and International Terrorism: Articulation of Legal Principles 2.Contextualising Jihad and the Use of Force: Intertemporal Law and Compatibilities with Modern Norms of International Law 3.The Use of Force and Religious Tolerance

4.Ideology of Tolerance and Modern State Practices
5.Modern Islamic States and Issues of Islamic Identity

III. The Organization of Islamic Conference (OIC) 1.Institutions of the OIC
2.Subsidiary Organs of the OIC
3.Affiliated Institutions
4.Additional Institutions
5.Specialized Institutions and Organs
6.Standing Committees

IV Application of Islamic International Law (Siyar)

1.Application of law in early and medieval periods
2.Umayyad – Byzantine Conflicts
3.Ayyubid – Crusade Conflicts
4.Ottoman – European Conflicts
5.Iran-US Disputes

TUTORIAL ESSAYS

All candidates are required to submit one tutorial essay on the following issues below.

Essay titles:

1. Consider the extent to which Islamic International Law (Siyar) is comparable to Public International Law

2. Examine and critically evaluate the role of the Organisation of Islamic Conference (OIC) in advancing the role and position of Islamic States within the United Nations and related international and regional organisations

3. How far would you agree with the view that the concept of Jihad as Islam’s bellum Justum has been fully absorbed in the United Nations prohibition on the use of force?

The purpose of these essays is to ensure a degree of understanding of a subject by a student and to assess his/her analytical skills in regards to an examination of sources of Islamic law. The students must be able to provide critical examination of these issues stated; moreover they should be able to assess and examine concepts and notions related to legal terminology in this subject. As a result of such assessments, the students will...
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