The Shari'a and Islamic Criminal Justice in Time of War and Peace

Shows that the shari'a and Islamic law are compatible with contemporary international human rights laws and norms, and appropriate for use in Muslim societies.

M. Cherif Bassiouni (Author)

9781107040687, Cambridge University Press

Hardback, published 21 October 2013

408 pages
23.1 x 15 x 2.3 cm, 0.7 kg

'This book on post-conflict justice in Islamic law and international law requirements could not be more timely. It comes during a period when questions about transitional justice are of immediate relevance to the Muslim world after the ongoing revolutions and reforms that sprung up in 2010 in the region. Professor Bassiouni is uniquely positioned to make a lasting contribution to questions of what comes next.' Intisar Rabb, New York University School of Law

This innovative and important book applies classical Sunni Muslim legal and religious doctrine to contemporary issues surrounding armed conflict. In doing so it shows that the shari'a and Islamic law are not only compatible with contemporary international human rights law and international humanitarian law norms, but are appropriate for use in Muslim societies. By grounding contemporary post-conflict processes and procedures in classical Muslim legal and religious doctrine, it becomes more accessible to Muslim societies who are looking for appropriate legal mechanisms to deal with the aftermath of armed conflict. This book uniquely presents a critique of the violent practices of contemporary Muslims and Muslim clerics who support these practices. It rebuts Islamophobes in the West that discredit Islam on the basis of the abhorrent practices of some Muslims, and hopes to reduce tensions between Western and Islamic civilizations by enhancing common understanding of the issues.

1. The shari'a, Islamic law (Fiqh), and legal methods (Ilm U?l al-Fiqh)
2. The postulates of human rights and the place of justice in Islam
3. The Islamic criminal justice system
4. Islamic international law and international humanitarian law
5. The shari'a, Islamic law, and contemporary post-conflict and transitional justice
Appendix A. Chronology of significant dates in the history of Islam
Appendix B. Armed conflicts involving Muslim states
Appendix C. Statute of the international court of justice
Appendix D. The Cairo declaration on human rights in Islam
Appendix E. Convention of the organisation of the Islamic conference on combating international terrorism.

Subject Areas: International humanitarian law [LBBS], International human rights law [LBBR], Islamic law [LAFS], Law [L], Islam [HRH]