The contribution and attitudes of Asian nations toward the development of customary international law - Page 64 |
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58
perhaps to make a comparison with the customary international
law in particular. The Law of Islam was based
upon the theory of the universal state, much the same as
the law of ancient Rome and of medieval Christendom; it
recognized no law other than its own. According to the
concepts of Islam, mankind constituted one community,
bound by one law, and governed ultimately by one ruler.
The goal of Islam was to convert all mankind to one universal
system. It was the law of the imperial state to
withhold recognition of equal status for other powers
with whom it might establish relations. Consequently,
the binding force of any negotiations or laws could not
be based upon mutual consent or reciprocity, or, as might
be said, on the sovereign right and equality of states.
On the contrary, they were based upon the state’s own
interpretation of its political and religious interests,
since it was said, ’’Islam regarded its principles of
morality and religion as superior to others.”2
According to Khaduri, Islam, probably more than
any other religion, has the character of a jural system
which regulates the life and thought of the believer in
accordance with an ideal set of rules held to be the only
2Mohammed Hamidullah, Muslim Conduct of State (3rd ed.; Lahore: University of Lahore, 1953), p. 71.
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| Title | The contribution and attitudes of Asian nations toward the development of customary international law - Page 64 |
| Repository email | cisadmin@lib.usc.edu |
| Full text | 58 perhaps to make a comparison with the customary international law in particular. The Law of Islam was based upon the theory of the universal state, much the same as the law of ancient Rome and of medieval Christendom; it recognized no law other than its own. According to the concepts of Islam, mankind constituted one community, bound by one law, and governed ultimately by one ruler. The goal of Islam was to convert all mankind to one universal system. It was the law of the imperial state to withhold recognition of equal status for other powers with whom it might establish relations. Consequently, the binding force of any negotiations or laws could not be based upon mutual consent or reciprocity, or, as might be said, on the sovereign right and equality of states. On the contrary, they were based upon the state’s own interpretation of its political and religious interests, since it was said, ’’Islam regarded its principles of morality and religion as superior to others.”2 According to Khaduri, Islam, probably more than any other religion, has the character of a jural system which regulates the life and thought of the believer in accordance with an ideal set of rules held to be the only 2Mohammed Hamidullah, Muslim Conduct of State (3rd ed.; Lahore: University of Lahore, 1953), p. 71. |
