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"Islamic" public international law (conception & characteristics) Comparative study with "positive" public international law | ||
| TIKRIT UNIVERSITY JOURNAL FOR RIGHTS | ||
| Article 1, Volume 5, Issue 17, 2013, Pages 193-225 | ||
| Author | ||
| lecture Muhammed Ali Hussein | ||
| Abstract | ||
| The term (Seir) Equivalent to the early Muslims theologians term (public international law) in contemporary law scholars, Islamic scholars has in modern times the use of the term "Islamic" public international law to denote the set of legal rules governing the relations of public international law in accordance with the principles and provisions of the Islamic Shariah, Islamic jurisprudence is available on an integrated theory of international law, and that Muslims played a major role in the development of general international law, equitable Orbiter finds that the rules of "Islamic" public international law characterized by great properties not found in "Positive law", are the rules of a universal, comprehensive, and feature flexible reliability as a hallmark, and they governed by moral values and ideals, and that all addressed, individually and in groups, being part of the Islamic Shariah, Islam being the finale of laws and the best, and it's accepted by the canons Copier and survivor to the hour, those features-and many others-made "Islamic" public international law applicable and able to cope with any development that might happen, so what do we find in "positivist" public international law today, this is an inevitable consequence of the distinction between law Divine infallible and valid for all times and places and the law of human passions on shortages and slipping. | ||
| Keywords | ||
| Islamic | ||
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