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Islam and International law

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  • Islam and International law

    Reorganization by Islamic civilization 610 -1258 AD.
    At this stage reference we should be made to the growth of Islam Its approach to international relations and law was predicated upon a state of hostility and the concept of unity Dar Al·Islam means (creation of the peaceful ************************ ) as between Moslem countries and other countries non Moslem . creation a humane rules it welfare for all human being were developed in the book of (QURAN BY 114 Chapter ) as Muslim constitution includes (6236) Articles

    . came to Prophet of Muhammad by angel came from sky ,the angel fell to Prophet when he was meditating in the Mountains of Mecca
    and down by a large number of rules in different chapters and articles for regulation of life in all its details and adopted the message of faith in the one God of justice among the people and good ethics and equality between human beings and an emphasis on human side to deal with an important aspect of human beings .

    Direct Islamic
    influences on the early stages of the development of International law ,was contribution of Islamic Law to further development and strengthening of contemporary International Law lies in the former’s increased emphasis on entitled or are bound ,in Law to do or not to do but also what they ought in conscience to do or to refrain from doing . Generally speaking provisions of the Law can be handed down by authority at a merely formal juristic level to observed as authoritative enactment supported by the of higher socio-political level legal provisions are supported by the acceptance of those to whom they are intended to apply . At a still higher ethical level the Law is observed because ,in conscience ,it is morally right to do what it proposes and to
    refrain from what it forbids.
    Islamic Law ,because of it religious matrix ,places it provisions at this higher ethical level. If this conception of the Law a giant step toward establishing a better world order based on peace and justice for all . Islam’s particular24 view of the Individual could be another contribution of Islamic Law to the further development of International Law .
    The focal point of Islam’s approach to worldly and eschatological – matters a like is the moral responsibility of individual man can achieve salvation only through his own efforts not by virtue of his being a member of a select group or because someone else’s supreme sacrifice has earned him salvation .

    There are nine hundred Articles and more in the different chapters of Quran regulation that rights. This emphasis on the individual could be of importance in such areas as the International protection of human rights or when the time come, for enhancing the status of the individual as a subject of International Law. In the area of the protection of diplomats ,Islamic Law has Historically made significant contributions .The recent happenings in one Muslim country still vivid in our recollection should be don’t permitted to give the wrong impression of the rules of Islamic Law . Those rules ensure the personal inviolability of envoy s and provide for the effective discharge of their functions
    .
    Also Islamic Law contained discussion on the rights of (Captives),humanitarian rules of warfare ,diplomatic protection, contracts with enemies ,the honouring of treaties the recognition of sovereign states and numerous other matters pre-eminently the province of public International Law .Islam look upon all humans as being (as equal as the teeth of a comb) and in the farewell sermon of the prophet of Islam ,one of great human rights document in world history ,he stressed (the Arab is not superior to non-Arab and the non –Arab is not superior to the Arab . also nor is the fair –skinned superior to he dark-skinned ,nor the dark-skinned superior to fair-skinned. Also one great action do it by that the prophet as head of the Islamic state himself received foreign embassies with great honour in his personal mosque, wearing special robes for the occasion
    All of these (Quran ) passages as we as the traditions of the prophet were the subject of elaborate commentaries by the justice .
    Fifth phase
    The different groups comprising the cultural inheritance of mankind have ,in various ways which are not sufficiently recognized ,already made contributions to the current content and development of International Law .The reason for jurists that the substance of public International Law is almost in its entirety a creation of the western Christian tradition Eight hundred years before Grotius ,treaties on public international Law ,as we would now describe it appeared in the Islamic world .
    Conclusions there are two main opposite ************physical trends :the first is material trend which believes in metrical and considers it as the origin of world and denies the other ,the second is the ideal one which believes in spirit and considers it as the origin of world and denies the first .
    International Law today trends to main view the material trend which believes in material and considers it as the origin of Law or nature Law and the other ,the trend is the ideal one which believes in spirit and considers it as origin of nature Law .The materialists depend on their opinions in the theory of Knowledge to prove the existence of material in the outside world .The idealists do not prove the existence of spirit and reason ;therefore ,the materialists criticize the idealistic thought depending on the empiricism .Then ,they rejected Islamic Law and theory of ************physical as a whole . The materialists believe only in material and what is related to it .Materialism is diffused in the Islamic world to criticize the civilization of Islam and it concepts about universe ,life and society . .Because of this , the martyr30 Al-Sader decides the necessity of preserving the Islamic thought and creating a ************physical philosophy by which both idealism and materialism.
    thanks God


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