Universality in International Law Beyond the European: An Islamic Law Perspective

Baderin, Mashood

Abstract

While universality is a necessary corollary of international law, its global effectiveness is hampered by its apparent Eurocentric essentialism. Consequently, many states of the Global South, especially in the Muslim world, often perceive international law suspiciously as a trojan horse with a hidden baggage of imperialism, hegemony, and the imposition of Western civilizational superiority. For a more globally effective international law, this chapter argues dialogically, from an Islamic law perspective, for a more inclusive universality that acknowledges the possible contributions that non-Western worldviews and civilizations can make to strengthen its universal acceptability. It identifies that the Eurocentric universality of international law is perpetuated through four major channels: (1) the textbook historical narrative of international law, (2) norm recognition and formation in international law, (3) judicial interpretation and recognized principles of international law, and (4) political manipulations of international law. It proposes complementarity between European and Islamic perspectives of international law and argues for recognition of relevant Islamic principles relating to each of the four identified issues to ensure genuine universalism in international law beyond the European in relation to the Muslim world.

Citation

Baderin, M. (2024). Universality in International Law Beyond the European: An Islamic Law Perspective. In I. Aral, & J. d'Aspremont (Eds.), International Law and Universality (211-238). Oxford University Press. https://doi.org/10.1093/oso/9780198899419.003.0013

• Acceptance Date: Jun 27, 2021
• Publication Date: Apr 23, 2024
• Deposit Date: May 29, 2022
• Publicly Available Date: Apr 24, 2026
• Publisher: Oxford University Press
• Pages: 211-238
• Series Title: European Society of International Law Series
• Book Title: International Law and Universality
• ISBN: 9780198899419
• DOI: https://doi.org/10.1093/oso/9780198899419.003.0013