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Islamic State Practices, International Law and the Threat from Terrorism

A Critique of the 'clash of Civilizations' in the New World Order

In the post '9/11' legal and political environment, Islam and Muslims have been associated with terrorism. Islamic civilization has increasingly been characterized as backward, insular, stagnant and unable to deal with the demands of the twenty first century and differences and schisms between Islam and the west are being perceived as monumental and insurmountable. '9/11' terrorist attacks have unfortunately provided vital ammunition to the critics of Islam and those who champion a 'clash of civilizations'.In this original and incisive study, the author investigates the relationship between Islamic law, States practices and International terrorism. It presents a detailed analysis of the sources of Islamic law and reviews the concepts of Jihad, religious freedom and minority rights within Sharia and Siyar. In eradicating existing misconceptions, the book provides a thorough commentary of the contributions made by Islamic States in the development of international law, including norms on the prohibition of terrorism. It presents a lucid debate on such key issues within classical and modern Islamic State practices as diplomatic immunities, prohibitions on hostage-taking, aerial and maritime terrorism, and the financing of terrorism.The book surveys the unfairness and injustices within international law - a legal system dominated and operated at the behest of a select band of powerful States. It forewarns that unilateralism and the undermining of human rights values in the name of the 'war on terrorism' is producing powerful reactions within Muslim States: the 'new world order' presents a dangerous prognosis of the self-fulfilling prophecy of an inevitable 'clash of civilizations' between the Islamic world and the west.

We must be aware of the superiority of our civilisation, a system that has
guaranteed well-being, respect for human rights—and in contrast with Islamic
countries—respect for religious and political rights. Islamic civilisation is stuck
where it was fourteen hundred years ago.1 It gives us great credibility to say to
the Muslim world: Where have you been since 9/11? Where are your voices of
reason? You humbly open all your prayers in the name of God of mercy and
compassion. But when ...

Definition in the Criminal Law

This book undertakes an investigation of the role and scope of definition within the criminal law set within a wider examination of the nature of legal materials and the diversity of perspectives on law. It offers an account of how the rules and principles found within legal materials provide practical opportunities for responding to, rather than merely following the law. This opens up a richer notion of legal doctrine than has been acknowledged in earlier representations of the workings of legal rules and principles. It also leads to a rejection of some of the established views on the roles of judges and academics, and provides the incentive for a more rigorous assessment of the serious challenge made by a 'critical' perspective on the criminal law. The intimate connection between the use of legal materials and the practice of definition is explored through a number of detailed studies. These deal with some of the apparently intractable problems concerning the definition of theft, and changes to the definition of recklessness culminating in the recent decision of the House of Lords in R v G. Theoretical insights on the different features of the process of definition and a remodelling of culpability issues are combined to question the conventional intellectual apparatus of the criminal law. The approach developed within the book offers a more realistic appraisal of the feasibility of reform, and of expectations for the principle of legality within the criminal law.

This book undertakes an investigation of the role and scope of definition within the criminal law set within a wider examination of the nature of legal materials and the diversity of perspectives on law.