TY - JOUR
T1 - The principles of territoriality and personality in islamic law
T2 - Is there a locus regit actum in Shari'ah?
AU - Bouzenita, Anke
PY - 2011
Y1 - 2011
N2 - Legal systems are generally described as being either of personal or territorial validity; being either applicable to the person, independently of the locus, or to the territory, with no consideration of the person's background. The oldest legal systems, particularly the Roman law system, with its division between indigenous and 'barbaric' peoples, gave primary importance to the person and separated between ius civilis, the rights of citizens, and ius gentium, the rights of (non-Roman) peoples. Modern law systems and organizations, like the United Nations, follow the territorial principle. Under the influence of the sociological school in international relations, there have been calls to reconsider the principle of personal validity in international relations. The paper investigates if and how these principles may be applied to the Islamic legal system, the shari'ah. A number of chosen case studies will serve to show the difficulty of specifying the Islamic legal system as either personally or territorially orientated. The author will attempt to assess the implications of her findings for international relations.
AB - Legal systems are generally described as being either of personal or territorial validity; being either applicable to the person, independently of the locus, or to the territory, with no consideration of the person's background. The oldest legal systems, particularly the Roman law system, with its division between indigenous and 'barbaric' peoples, gave primary importance to the person and separated between ius civilis, the rights of citizens, and ius gentium, the rights of (non-Roman) peoples. Modern law systems and organizations, like the United Nations, follow the territorial principle. Under the influence of the sociological school in international relations, there have been calls to reconsider the principle of personal validity in international relations. The paper investigates if and how these principles may be applied to the Islamic legal system, the shari'ah. A number of chosen case studies will serve to show the difficulty of specifying the Islamic legal system as either personally or territorially orientated. The author will attempt to assess the implications of her findings for international relations.
KW - International law
KW - Islamic law
KW - Personality of law
KW - Shari'ah
KW - Territoriality of law
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U2 - 10.18848/1447-9508/cgp/v09i07/43287
DO - 10.18848/1447-9508/cgp/v09i07/43287
M3 - Review article
AN - SCOPUS:84860516621
SN - 1447-9508
VL - 9
SP - 185
EP - 195
JO - International Journal of the Humanities
JF - International Journal of the Humanities
IS - 7
ER -