Download Islamic Law and Transnational Diplomatic Law: A Quest for by Muhammad-Basheer .A. Ismail PDF
By Muhammad-Basheer .A. Ismail
This e-book, in its attempt to formulate compatibility among Islamic legislation and the foundations of overseas diplomatic legislations, argues that the necessity to harmonize the 2 criminal structures and feature an intensive cross-cultural knowing among countries mostly with the intention to improving unfettered diplomatic cooperation could be of paramount precedence.
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Extra resources for Islamic Law and Transnational Diplomatic Law: A Quest for Complementarity in Divergent Legal Theories
Example text
One such failure was when the Roman Senate rejected the demands made by the fetials calling for the extradition of Fabius Ambustus to the Gauls for waging war against his host, the Gauls, who had received him as ambassador. 58 The increase in the dominant strength of the Roman Empire has been observed to be a factor responsible for the contempt with which the Romans treated foreign embassies. 59 A visiting emissary, for example, had to seek approval from a Roman general, permission to send envoys.
The hypothesis of the book is that the two legal systems are compatible and can be harmonized to enhance the concept of diplomatic immunity and privilege in Muslim states. The book, therefore, aims at facilitating a better understanding of the relationship that exists between Islamic diplomatic law and international diplomatic law with the hope of ultimately maximizing diplomatic protection by clarifying and developing Islamic diplomatic law, which may, eventually, complement international diplomatic law.
5 To them, diplomacy is a phenomenon that is timeless in its existence. Diplomacy, by its concept and practice, is a field of study that cannot be said to reside exclusively in or relate only to a particular discipline. 10 Nicolson also makes clear his lack of conviction regarding the indivisibility of foreign policy and diplomacy when expounding, by way of distinction, “the curative methods of diplomacy” and the “surgical necessities of foreign policy”11: Diplomacy . . is not an end but a means; not a purpose but a method.