Abstract
It is hardly possible to discuss the subjects of international law without basing the discussion, at least by implication, on some particular views of legal personality. The legal personality, after all, is the central theme in all study of subjects of international law since the subject of law is that in whom the legal system invests a legal personality.
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References
Weissberg, Guenter, The International Status of the United Nations, New York and London 1961, p. 23.
Weissberg, ibid., p. 21.
Sheikh Sayed Abdallah Hussein expounds that the shari’ah recognizes the conception of the legal person. See Hussein, op. cit., vol. I, p. 62.
The reference here is to the responsibles and heads of the state — See al Maraghi, op. cit., vol. XV, p. 21.
Qur’ān; XVII: 16.
Qur’ān; VIII: 25.
Qur’ān; XXXV: 18.
In testimony to this fact we cite, for example, the following verses: (i) “We verily sent Our messenger with clear proofs, and revealed with him the Scripture and the Balance, that mankind may observe right measure, and He revealed iron, wherein is mighty power and (many) uses for mankind, and that Allah may know him who helpeth him and His messengers, though unseen” (LVII: 25), (ii) “That which Allah giveth as spoil unto His messenger from the people of the townships, it is for Allah and His messenger … (LIX: 7). (iii) “And when they appeal unto Allah and His messenger to judge between them, Lo! a faction of them are averse” (XXIV: 48). In these verses reference is made to peculiar institutions which could not be conceived of without the establishment of a state. These “implied powers” were the argument which the I.C.J. used in 1949 in its advisory opinion about the reparation for injuries suffered in the service of the United Nations, to confer an objective international legal personality on the Organization. Thus the legal personality could be proved by connotation. cf. infra, the related verses in Part III of this work.
cf. supra.
Korowicz, op. cit., pp. 327-332.
Korowicz, op. cit., p. 339.
Korowicz, op. cit., p. 339.
Rateb, Aisha, L’individu et le Droit International Public, Thèse, Le Caire 1959, pp. 25–6.
Another recent example is the European Convention on Human Rights of 1956, under which a Commission and a Court were established. “The Commission may receive petitions addressed to the Secretary General of the Council of Europe from any person …” (Article 25/1). Such individual petition could be brought before the Court by a contracting State or by the Commission.
Korowicz, op. cit., pp. 248-52.
Qur’ān; XVII: 70.
We will see for example that the slave has the right to regain his liberty if he fulfils certain conditions, in which case his master cannot object. See Chapter II, Part III of this work.
Cf. infra, Part III of this study.
Cf. supra pp. 31-34 of this study.
The Islamic theory comprises all kinds of states whether independent or dependent. We will see later on that the classical legal theory contains certain rules for the protectorates. Cf. infra; Part III of this work.
Unless it is exceptionally in the interest of the Islamic state to maintain peaceful relations. See infra. Part III of this work.
We mean countries which are ideologically, and not constitutionally, atheistic. In fact, constitutionally speaking, the United States of America is no less heretical than Soviet Russia.
Such as the principle of federative solidarity which is imperative as regards inter-Islamic relations.
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© 1968 Martinus Nijhoff, The Hague, Netherlands
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Al Ghunaimi, M.T. (1968). Subjects and Domain of Muslim International Law. In: The Muslim Conception of International Law and the Western Approach. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9508-9_6
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