Conflict of International Private Law (Principles of Correlation)

Abstract

Ahmed Akgunduz

Abstract:

We should state that in International Islamic Private law is studied under the categories of siyar (Procedures), maghazi and jihad (Holy Struggle) and that no distinction is made as to the general law of nations and the special law of nations. That is to say, also for the provisions concerning the special law of nations we need to refer to the chapters in Qitab Al-Siyar (Book of Procedures) or Qitab Al-Jihad (Book of Holy Struggle) of the books of fiqh (Islamic jurisprudence). The conflicts of laws, whose main subject is those binding principles that determine the legal provisions that shall be implemented in the disputes that emerge among the subjects of diverse states. The principles of correlation in the case of the conflict of laws actually forms the pillar of the special law of nations in which it will be studied. According to that law, those conflicts of private law that involve dhimmis and musta’mins will be solved (viz. either Islamic law or other laws).