Theories of Interpretation: Islamic Law v. International

Abstract

Whereas Europeans exercised influence over Muslim areas in the last century, Muslim countries and its legal systems were expected to be considered and to interact with international rules. The Hague Conferences of 1896, 1902 and 1905 were established for the purposes of developing agreement on private international law. These conferences did not invite Muslim countries though these states situated outside Europe could have treaties applied on their territories when they were under the jurisdiction of European states. In the same line several conferences and arenas have called and recommended the study of the Islamic legal rules. For example, North Sea case the judge argued that the principle of ‘sovereign equality’ protected in Article 2(1) of the United Nations Charter, necessitates the court to refer not only to European legal traditions but also to Islamic legal principles when seeking for a general principle of law. This paper argues that the Islamic law has its unique methodologies of interpretations, can share common views compared to the rules of interpretations in international law, and can offer unprecedented solutions to many international disputed issues. This article questions the ways in which the international scholarship and legal community could benefit from such an ‘exquisite understudied art.’