The General Principles of Law Recognised by Civilised Nations in Islamic Law
摘要
This article examines the conceptual and jurisprudential convergence between the general principles of international law, as outlined in Article 38(1)(c) of the Statute of the International Court of Justice, and the general principles of Islamic law. It challenges the prevailing assumption that Islamic law is incompatible with modern legal systems, a notion often grounded in a limited understanding of the richness and coherence of Islamic jurisprudence. Through a comparative doctrinal analysis, the article demonstrates that Islamic law shares significant parallels with international law, particularly in its approach to universal principles of international law, such as pacta sunt servanda, and the doctrine of good faith, find counterparts in the Islamic law. This article explores how these principles align with the al- qawāʿid al- fiqhiyyah (Islamic legal maxims) and usūlī al-fiqh methodologies (fundamental principles of Islamic jurisprudence) that regulate areas such as contractual obligations, dispute resolution, and equity. In examining these connections, the article argues that the general principles of Islamic law are not only consistent with modern international legal principles recognised by civilised nations but can be integrated into contemporary legal frameworks. This integration offers a deeper understanding of how legal systems, despite their diverse historical and cultural foundations, can engage with each other meaningfully. Such a dialogue between Islamic and international law could enrich both traditions, offering a more inclusive and nuanced approach to resolving global legal issues while respecting the distinct characteristics of each system.