ACADSTAFF UGM
| Title | : | THE ROLE OF FIQH AL-SIYAR IN INTERNATIONAL LAW-MAKING: ESCAPING THE LETHARGY |
| Author | : | |
| Date | : | 0 2020 |
| Abstract | : | International law has developed from its pre-20th century consent-based framework to a less sovereignty-based ‘international law-making’ trend. This development, however, still reproduces its pre-20th century colonialistic features against non-European (including Islamic) legal thoughts, pushing them beyond the peripheries of relevance. Recently, countering that, stronger voices demand international law to include generally non-European and specifically Islamic international law scholarship. However, while having a very rich body of classical scholarship, contemporary literature of fiqh al-siyar (Islamic international law) suffers from lethargy. It neither mentions nor responds to the trend of international law-making. This article endeavours to fill in the gap of that lethargy so fiqh al-siyar could develop to properly respond to the current trend of international law-making. It is found that fiqh al-siyar must critically adopt and respond to the features of international law-making, and also all actors must utilize all channels to participate in its process. |
| Group of Knowledge | : | Ilmu Hukum |
| Original Language | : | English |
| Level | : | Nasional |
| Status | : |
| No | Title | Action |
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