About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

4 Hum. Rts. & Int'l Legal Discourse 191 (2010)
Islamic Law and the Responsibility to Protect

handle is hein.journals/hurandi4 and id is 193 raw text is: ISLAMIC LAW AND THE RESPONSIBILITY

The aim of this article is to examine the influence of Islamic law and in particular
Islamic law of war upon the doctrine of the Responsibility to Protect as currently
supported by the international community of states to intervene upon humanitarian
grounds into the domestic affairs of states. This article will firstly address the
parameters and content of this comparative legal study as well as the philosophical
limitations of the existing premises of this scientific debate based on universalist
and cultural relativist positions. Secondly, from this complementary perspective
instead, the doctrine on the Responsibility to Protect will be examined both from
the international law and Tslamic law perspective. It will demonstrate that
sovereignty and community interests are not necessarily conflicting when it comes
to protecting human values and human dignity in both legal traditions. Thirdly, a
further reading of international law and Islamic law with respect to the protection
of human dignity will highlight the presence of a shared humanitarian conscience
which has informed this complementary approach where natural rights can be
realized with positive duties.
Keywords: Islamic law; responsibility to protect
The aim of this article is to examine how Islamic law has established preconceived
notions of the doctrine of the Responsibility to Protect, as did its Western legal
counterpart at a later stage. Though Islamic law focuses on the obligations of Muslims
and international law regulates the behaviour of states and international organisations,
Dr. Matthias Vanhullebusch (PhD with Highest Honour, School of Oriental and African Studies,
University of London). I wish to thank the anonymous peer reviewers for their insightful

4 HR&ILD 2 (2010)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most