Uticaj islama na međunarodno pravo - različita tumačenja i njihove implikacije

Abstract

This paper discusses the relationship between Islam and contemporary international order against the background of its arguably positive influence in shaping the guiding principles of International Law. This discussion serves a broader purpose of discerning reasons as to why calls for radical jihad-which portrays Islam as an outlandish and violent ideology incompatible with the current international order-have nevertheless gained traction in the Middle East and beyond. It is argued that this phenomenon has less to do with the quality of scholarly debate about the issue at hand, although the quality thereof plays an important role in the overall efforts to combat radical jihad. Rather, there are hosts of other factors, the author argues, which have fuelled extremism, including a lack of legitimacy of governments in the Middle East. The paper first outlines rules governing conduct of war and peace in Islam. Thereafter it proceeds with the discussion on the influence of those rules on the development of International Law and order, putting them into historic and evolutionary perspective. This discussion is followed by an analyses of the impact of lack of legitimacy on radicalisation in the Middle East. A summary of major findings, offering a path towards the necessary reforms which would mitigate the foregoing problems, is presented in conclusions.