International Responsibility in Islamic Law and International Law Rules

Abstract

This study examines international responsibility in light of the rules of international law, regarded as the principal legal mechanism for regulating the conduct of states and ensuring their compliance with obligations arising from treaties, international custom, and peremptory norms, through a comparative perspective with the provisions of Islamic Sharia, aiming to reveal the points of convergence and divergence between the two systems in establishing this significant legal concept. The study addresses a central problem: can the rules of international responsibility be considered an integrated legal system settled in contemporary international law, or do fundamental differences exist in concept, basis, and application between it and Islamic Sharia? Adopting the descriptive, analytical, and comparative method, the study presents the concept of international responsibility, its importance, conditions, types, and forms; distinguishes between international criminal responsibility and civil responsibility; and analyzes the juristic theories explaining its nature, namely the unity of responsibility, its duality, and the punishment of the state. The study concludes that international law has made considerable progress in codifying responsibility rules, particularly through the International Law Commission's drafts, and that broad convergence exists between the two systems. It recommends utilizing Sharia concepts in developing international law and promoting comparative studies.