TITLE:
Comparing Islamic International Law and Contemporary International Law with an Emphasis on Identification Principle and Human Rights Principle
AUTHORS:
Alireza Azadikalkoshki, Mohsen Hosseinabadi
KEYWORDS:
International Law, Contemporary International Law, Recognition, Human Rights
JOURNAL NAME:
Open Journal of Political Science,
Vol.8 No.2,
April
13,
2018
ABSTRACT: The purpose of the Islamic International Law is the applicable rules of an international community in which both Muslim and non-Muslim countries are present. In many of its foreign relations, the Islamic country can follow the rules that come from the sources of public international law. Islamic International Law means the general rules governing the international relations of a Muslim country, which during the ten years of the political life of the great Prophet of Islam was developed in Medina and the first Islamic state was formed with the emigration of the Prophet (pbuh) to Medina. By contrast, contemporary international law takes into account any agreement that is being made between members of the international community and aims to create some legal effects. Because the issues of Islamic and contemporary international law are diverse and different, this article focuses on two components, the principle of identification and human rights. In contemporary international law, identification is an action taken by old governments to recognize a new government. Islam, in its relations with peoples and peoples, and the treaties it concluded with them, showed that the problem of identifying something is completely natural, but it is also absolutely necessary. Regarding human rights, both in Islamic law and contemporary international law, it has been tried to prevent it from being violated, with the difference that these two laws have minor differences in relation to human rights.