This Article asks whether ICJ opinions to date suggest that judicial consideration of Islamic legal norms has played, can play, or should play a role in the ICJ’s resolution of international legal disputes or in establishing the legitimacy of the results that it has reached.
The article examines the role of judicial consideration of Islamic legal norms in the International Court of Justice’s (ICJ) resolution of international legal disputes or in establishing the legitimacy of the results.
It provides an initial overview of the ICJ, along with a description of how the ICJ’s enabling statute allows the Court to look at Islamic legal norms. It illustrates that Islamic law is seldom referred to in ICJ judgments or in separate concurring or dissenting opinions. It offers different ways in which those few judges who refer to Islamic law have used the Islamic legal tradition.
Title: Islamic Law in the Jurisprudence of the International Court of Justice: An Analysis
Author: Clark B. Lombardi
Published in: Chicago Journal of International Law, Volume 8, No 1
Length: 34 pages