International Law Vs Islamic Law

1353 Words6 Pages
In this essay the The International Court of Justice and the Islamic law will be defined, the similarities between international and Islamic law will be enumerated, the several characteristics of Islamic law that sharply differ from international law will be discussed. Last but not least we will have example of Japan and the issue they had with complying with International law.
Islamic law is known as Shariaah Law, which derived from two primary sources of Islamic law which is Quraan and Hadith, and applied to the public and private lives of Muslims within Islamic states. Islamic law governs many aspects of day-to-day life—politics, economics, banking, business, contracts, social issues, etc. (AllAboutWorldview.org, 2018)

But for the International
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Custom
Customs have always been an important source of law. And it can simply explain as those long established practices or unwritten rules which have acquired binding or obligatory character. (Bederman, 2010)

Customary international laws are aspects of law derived from international community. Custom is considered by the International Court of Justice, jurist, the UN, and its member states to be among the primary sources of international law, and is composed of two elements: general practice and a conviction that such practice reflects a legal rule.
As the international law Customary constitutes an important source in several Islamic law states, even sometimes for Islamic law, customary used in place of or as a supplement to written law. Often, traditional Islamic precepts and tribal laws coexist with written codifications.

Peaceful resolution of
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Thus, in all international courts religion does not constitute an acceptable basis for a judgment. Although Western legal systems, as well as international law, have extracted many legal principles from religious sources, such as the Bible, these legal systems themselves are separate from religion. Sources of international law, enumerated in Article 38(1) of the ICJ Statute, are strictly secular in nature.

A reverse of Islamic law is based on the Shariah, based primarily on texts from Quraan and Sunnah, embodies broad, general rules that are immutable, not unlike today’s modern societal rules. Therefore, Islamic faith is intrinsic to Islamic law. As will Muslims are obliged by God to abide by sharia, so are Islamic states. All sources of Islamic law, including the Quraan and Sunna, are closely connected to Islamic faith.

Religious affiliation of the judges
‘religious affiliation of the judges’ constitutes a palpable embodiment of the relationship between law and religion in international and Islamic legal systems. The ICJ Statute, as well as other rules regulating international adjudication, contains no provisions that regulate religious affiliation of the
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