Islamic Law and International Relations 2100-ERASMUS-ILIR

This course explores the complex relationship between Islamic law (Sharia and Siyar) and international relations. Through historical and contemporary perspectives, students will examine how Islamic legal principles interact with modern international law, diplomacy, state practices, and global governance. The course investigates key concepts such as jihad, sovereignty, diplomatic immunity, the use of force, terrorism, and human rights from both Islamic and international legal perspectives. Special attention will be given to the post-9/11 world order, the role of Islamic states in international law-making, and the legal-political discourses surrounding the so-called “clash of civilizations.”

Understanding Islamic law is essential to comprehending the worldview, legal logic, and political behavior of a significant portion of the global population. Islamic law (Sharia and Siyar) provides an important ethical and legal framework for over 1.9 billion Muslims worldwide and influences the legal systems of numerous states, particularly in the Middle East, North Africa, and South Asia. While much of modern international law is rooted in Western and European legal traditions, the global legal order must also accommodate non-Western traditions, including Islamic law.

Islamic concepts such as jihad, Sharia, and the caliphate are frequently misunderstood, particularly in Western media and political discourse, where they are often associated with violence, extremism, or terrorism. At the same time, Islamic states and organizations such as the Organisation of Islamic Cooperation (OIC) actively participate in international diplomacy and law-making. Questions concerning human rights, counterterrorism, women’s rights, refugee protection, sovereignty, and intervention are therefore also influenced by Islamic legal perspectives.

Weekly Structure

Week 1. Introduction: What Are Sharia and Siyar?
Origins of Islamic law; Qur’an, Sunna, Ijma, Qiyas, and Ijtihad.

Week 2. Islamic Conceptions of International Relations
Ummah; Dar al-Islam and Dar al-Harb; legal pluralism.

Week 3. The Role of Islamic Law in Early Diplomacy
Historical treaties; Islamic protocols of war and peace.

Week 4. Modern International Law vs. Islamic Law
Article 38 of the ICJ Statute vs. Usul al-Fiqh; sources and methods.

Week 5. The Organisation of Islamic Cooperation (OIC)
Its role in diplomacy, treaties, and collective identity.

Week 6. Jihad, War, and the Use of Force
Legal theory vs. extremist misuse; contextualising jihad.

Week 7. Islamic Perspectives on Terrorism
Islamic state practices; condemnation vs. justification.

Week 8. Hostage-Taking, Immunity, and Protection of Diplomats
Comparison with the Vienna Conventions; Islamic precedents.

Week 9. Financing of Terrorism and Islamic Finance
Hawala, misuse of zakat, regulation, and compliance.

Week 10. Maritime and Aerial Terrorism
Case studies, including the Achille Lauro and Lockerbie incidents; Sharia-based responses.

Week 11. Human Rights and Islamic Legal Ethics
Gender, minorities, and freedom of religion.

Week 12. The Post-9/11 Legal Order and Islamophobia
Clash of Civilizations, securitization, and counterterrorism law.

Week 13. Case Study Workshop
Group presentations on selected states, such as Iran, Saudi Arabia, and Pakistan.

Week 14. Debate: Can Islamic Law Align with the UN Charter?
Structured academic debate.

Week 15. Final Review and Reflection
Synthesis, feedback, and exam preparation.

Titles of Students’ Presentations
1. Foundations of Siyar: The Islamic Law of Nations in Classical Jurisprudence
2. The Role of Sharia in Modern State Sovereignty: A Comparative Analysis
3. Islamic Views on the Legitimacy and Conduct of War
4. Jihad: Legal Doctrine, Historical Practice, and Contemporary Misinterpretations
5. Islam and the United Nations Charter: Conflict or Compatibility?
6. The Organisation of Islamic Cooperation (OIC): Legal Voice or Political Forum?
7. Diplomatic Immunity in Islamic Legal Tradition vs. the Vienna Convention on Diplomatic Relations
8. The Status of Non-Muslims in Islamic International Law
9. Islamic Legal Responses to Transnational Terrorism: Between Orthodoxy and Extremism
10. Sharia, International Humanitarian Law, and the Geneva Conventions
11. Case Study: Iran’s Use of Islamic Law in Foreign Policy and Treaty-Making
12. Islamic Legal Principles and the Responsibility to Protect (R2P)
13. Environmental Ethics in Islamic Law and Its Relevance to International Environmental Agreements
14. The Concept of Ummah and Its Implications for Modern State Borders
15. Islamic Law and Refugee Protection: Norms of Asylum (Aman) Then and Now
16. Human Rights in Islamic Law: A Complement or a Challenge to the UDHR?
17. State Practice: Saudi Arabia and the Codification of Sharia in International Diplomacy
18. The Role of Fatwas in Shaping Foreign Policy: Legal Authority or Political Tool?
19. Hawala Networks: Informal Finance, Counterterrorism, and Islamic Legal Perspectives
20. Islamic Perspectives on Maritime Law and Piracy
21. The Caliphate as a Legal and Political Concept in Modern IR Discourse
22. Muslim Minorities and International Law: The Rohingya Case in Islamic Legal Discourse
23. Postcolonial Muslim States and the Reform of International Legal Norms
24. Gender, Islam, and International Law: The Case of Women’s Rights
25. Islamic Legal Pluralism and the Future of Global Governance
26. The Clash of Civilizations or the Dialogue of Legal Traditions?
27. Islamic Legal Thought on the Use of Nuclear Weapons and WMDs
28. Islamophobia, Securitization, and the Misrepresentation of Islamic Law
29. Islamic Criminal Law and International Criminal Justice: Points of Contact and Divergence
30. Building a Bridge: Prospects for Legal Harmonization between Sharia and International Law