Rebellion

Description

Rebellion: A Comparative Study of Islamic and Modern International Law

CONTENTS

Part-I

1. Roots of the Discourse on Rebellion in Islamic Law
2. Modern Discourse on the Islamic Law of Rebellion
3. Classical Works on Islamic Political Order and Issues of Methodology

Part-II

4. Rebellion and the International Legal Order
5. The Legality of Rebellion and Islamic Theology
6. The Legality of Rebellion and Manuals of Islamic Law

Part-III

7. Rebellion and International Humanitarian Law
8. Islamic Jus in Bello and Rebellion
9. Rights and Obligations of the Rebels

ABOUT THE BOOK

The book analyzed issues; Does Islamic Law recognize the right of the community to remove an unjust ruler or system of government?; if yes, what are the restrictions on the exercise of this right?; does Islamic law provide any yardstick for distinguishing rebellion from “internal disturbances” and “law and order problems”?; what are the legal differences between bandits and rebels?; what are the important lacunae in the contemporary international legal regime on rebellion?; How can Islamic law help in improving the contemporary international legal regime on rebellion?; if combatant status is recognized for rebels, does it imply granting legitimacy to rebellion?; what are the legal consequences of accepting de facto authority of the rebels on a piece of territory? In particular, what is the legal status of the decisions of the courts of rebels?; do the treaties concluded by the parent-state with other parties bind rebels? Conversely, do the treaties concluded by the rebels with other parties bind the state?; what are the legal consequences of the distinction, which Islamic law draws between rebels who are Muslims and rebels who are non-Muslims?

ABOUT THE AUTHOR

Dr. Sadia Tabassum is serving as an Assistant Professor of Law at International Islamic University, Islamabad (IIUI). She obtained degrees of LLB (Hons) in Shariah and Law, LLM in International Law (with a Gold Medal) and PhD in Islamic Law and Jurisprudence from the same University. She completed her Masters (M.A) in International Relations from the University of Peshawar. Her LLM dissertation is titled as “The Problem of Unlawful Combatants: A Hard Case for International Humanitarian Law”. She has published numerous research papers in national as well as International Journals on various issues of Islamic International Law and International Humanitarian Law.