Showing posts with label sanctity. Show all posts
Showing posts with label sanctity. Show all posts

Tuesday, November 12, 2019

Islam and International Law


Religion, Law and State

In his Friday Sermon of 08 November 2019~ 10 Rabi’ul Awwal 1441 AH, Imam- Jamaat Ul Sahih Al Islam Hadhrat Khalifatullah Munir Ahmad Azim Saheb (atba) of Mauritius spoke about the significance of law in upholding the dignity of the individual as well as in sustaining the global order for the collective progress of human kind. Hadhrat Khalifatullah (atba) identifies the distinctive contribution of Islamic values to the development of International Law in this context. 

It is instructive to note that while modern international law was for long considered to be a product of Western, Christian civilization and generally traces its origins to the legal problems that emerged in the context of the European imperial conquests (of South America in the 16th century and Asia and Africa in the subsequent centuries); there is increasing recognition in the academic literature now regarding the  profound debt the discipline owes- in shaping the contours of the subject- to the seminal writings and juristic interpretations of Hazrat Imam Muhammad Al Shaybani (ra), the great disciple of the great Muhaddith Hazrat Imam Abu Hanifa (ra), almost eight centuries before European scholars like Hugo Grotius- the 'father' of international law- began to engage with, and write about, the discipline.   

International Law as it stands today may broadly be defined as an ensemble of normative rules and diplomatic practices that guide actor-expectations in the world of international relations. And the actors on the global scene include, besides the States, international organizations, a host of official governance networks; multinational corporations, indigenous communities and the civil society organizations campaigning on reforming the systems of global governance. Despite the dynamic nature of the actor-interactions as well as the development of global rules in specific areas; the foundational values of International Law remain the same: sovereign equality and peaceful co-existence of States; the sanctity of covenants and the bindingness of legal obligations; the obligation of the Parties to act in good faith; respect for the symbols and signs of sovereignty of States, including the privileges of ambassadors and State agents; respect for diversity of community traditions and practices, etc.  Hadhrat Saheb (atba) illustrates these points with reference to Qur'anic verses and Prophetic practices, as it is the task of the true believers in this era to shun hypocrisy and work to create a just world under Islam. 

Read the Friday Sermon Below: