A Comparative Study of the Islamic Doctrine of Aman with the Contemporary International Law of Peace
Keywords:Aman, Peace Treaties, Islamic and Contemporary International Law
Islamic International Law (IIL) divides the whole world into two parts: Domain of Muslim (Dar al-Islam) and Domain of Disbelief (Dar al-kufr), that consequently determine both domains. Of course Muslim jurists have different opinions in this regard.
This research sums up the nature of relation between Muslims and non-Muslim is peace while hostility is associated with aggression. Islamic International Law allows Muslims to sign peace treaty even with those non-Muslims who are aliens of Muslims. The peace treaty may be for fix time and may be for unlimited time. The peace treaty must not be contrary to the main principles of Islamic law. Similarly, Contemporary International Law (CIL) also acknowledged Peace treaty among nation states. According to CIL, every nation state is free to make peace treaty with any nation state on its own terms and conditions. If any International peace treaty is contrary to the domestic law of any state, the domestic law of the state shall prevail.
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