Legal and Sharia Sources for Extradition Systems
DOI:
https://doi.org/10.32792/tqartj.v7i46.598Keywords:
Extradition of criminals, legal sources, Sharia sourcesAbstract
The sources of extradition, in general, are the reasons that establish this obligation, making it enforceable and effective through extradition. They are also the justifications that make a state demand the extradition of a person residing in the territory of another state according to these sources that bind the parties in extradition relations.
The international and Sharia foundations and sources for the extradition of criminals represent a set of legal means characterized by mandatory nature, which the parties rely on when deciding on an extradition request. In addition, there are criminal legislations in the field of extradition that include substantive conditions and procedural rules for the system of delivery and extradition of criminals. The sources and foundations for the extradition of criminals, in general, refer to the reasons that establish this obligation, making it enforceable and effective through legislative provisions and treaties that meet the states’ needs for extradition. They are also the justifications that make a state request the extradition of a person residing in the territory of another state according to these sources that bind the parties in extradition relations.
One of the most notable aspects of the legal system for the extradition of criminals is its diversity and multiplicity on one hand, and the potential for conflict among these sources on the other. The diversity or multiplicity is derived from the existence of more than one source for conducting extradition, with varying legal ranks for these sources. Most jurisprudence divides them into two main categories: primary sources and supplementary sources. However, this division does not imply the legal value among all its priorities. These sources are not limited to international relations but are also influenced by the internal legal system of states, serving internal objectives in addition to their external efforts aimed at international cooperation to reduce crime. These sources are also relatively influenced by the political relations between states and the criminal environment within them, in addition to the development of international relations, leading to the adoption of the principle of reciprocity as a basis for extradition over other sources when serious political relations arise with the states they deal with.
Keywords: Extradition of criminals, legal sources, Sharia sources.
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References
References
Holy Qur’an
Books:
Burhan Amr Allah, “The Right to Political Asylum,” Dar Al-Nahda, Cairo, 1st edition.
Jaafar Al-Subhani, “Furugh Abadiyat (Eternal Radiance),” Qom, Islamic Propagation House, no date.
Jawad Fakhar Tusi, “The Position of Interest in Sharia and the Thought of Imam Khomeini,” Islamic Government, Governmental Rulings.
Hamid Haji Haidar, “The Use of Force in International Relations from the Perspective of International Laws and Shia Jurisprudence (Comparative Study),” 1st edition, Cultural and Islamic Relations Association, 1997.
Dr. Suleiman Abdel Moneim, “Problematic Aspects in the Legal System of Extradition.”
Dr. Mohamed Mustafa Shalaby, “Introduction to Islamic Jurisprudence,” 10th edition, University House, 1985.
Dr. Abu Al-Khair Ahmed Atiya, “International Law,” Dar Al-Nahda Al-Arabiya, Cairo, 1st edition, 1997.
Dr. Ahmed Sarhal, “Law of International Relations,” 1st edition, University Institution for Studies, Publishing, and Distribution, 1990.
Dr. Jundi Abdel Malik, “Criminal Encyclopedia,” Egyptian Book House Press, Cairo, Egypt, Vol. 3, 1976.
Dr. Hamid Sultan, “Provisions of International Law in Islamic Sharia,” Dar Al-Nahda Al-Arabiya, Photographic Edition, 1986.
Dr. Hossam Ahmed Hendawy, “Limits of Security Council Powers in Light of the Rules of the New World Order,” no publisher, 1994.
Dr. Hassan Abdul Amir Junaid, “Extradition of Criminals in Iraq,” Baghdad Institution for Legal and Constitutional Books and Publications, Baghdad, Iraq, 1988.
Dr. Hussein Hanafi Ibrahim Omar, “Judicial Ruling, Its Authority, and Execution Guarantees,” PhD thesis, Faculty of Law, Ain Shams University, 1997.
Dr. Suleiman Abdel Moneim, “Problematic Aspects in the Legal System of Extradition: A Comparative Study.”
Dr. Sherif Atlam, “The International Criminal Court,” International Committee of the Red Cross, 2nd edition, 2004.
Dr. Saleh Mustafa Al-Barghathi, “The Lockerbie Case,” PhD thesis, Ain Shams University, 1998.
Dr. Salah El-Din Amer, “Law of International Organization - General Theory,” Dar Al-Nahda Al-Arabiya, Cairo, 3rd edition, 1984.
Dr. Abdul Rahman Fathi Samhan, “Extradition of Criminals under International Law Rules.”
Dr. Abdul Rahman Fathi Samhan, “Extradition of Criminals under International Law Rules.”
Dr. Abdul Aziz Mohamed Abdel Hadi, “International Terrorism with a Study of International Agreements and Decisions Issued by International Organizations,” Dar Al-Nahda Al-Arabiya, Cairo, 1986.
Dr. Abdul Ghani Mahmoud, “Reservations on International Treaties in Public International Law and Islamic Sharia,” no publisher, 1st edition, 1986.
Dr. Abdul Ghani Mahmoud, “Extradition of Criminals on the Basis of Reciprocity,” 1st edition, 1991, Dar Al-Nahda Al-Arabiya, Cairo.
Dr. Ali Sadiq Abu Haif, “Public International Law,” 12th edition, Al-Maaref Establishment, Alexandria, 2015.
Dr. Mohamed Al-Majzoub, “International Relations,” Makawi Library, Beirut, 1978.
Dr. Mohamed Hafez Ghanem, “International Organizations,” 3rd edition, New Renaissance Press, Cairo, 1967.
Dr. Mohamed Hafez Ghanem, “Principles of Public International Law: A Study of Its Fundamental Rules and Provisions,” Dar Al-Nahda Al-Arabiya, 1960.
Dr. Mohamed Sami Abdel Hamid, “Principles of Public International Law,” 1972.
Dr. Mohamed Sami Abdel Hamid, “Principles of International Law,” 6th edition, Part 2, University House for Printing, Publishing, and Distribution, 1984.
Dr. Mohamed Said Al-Daqqaq, “Sources of Public International Law,” 1st edition, University Publications House, Alexandria, 2012.
Dr. Mohamed Abdel Moneim Riad, “An International Court to Try Major War Criminals,” Article in the Egyptian Journal of International Law, Issue No. 1, 1945.
Dr. Mohamed Abdel Moneim Riad, “An International Court to Try Major War Criminals,” Article in the Egyptian Journal of International Law, Issue No. 1, 1945.
Dr. Mohamed Aziz Shukri, “Introduction to Public International Law,” Al-Dawoodi Press, Damascus, 1981-1982, p. 415.
Dr. Mufid Mohamed Shehab, “Public International Law,” 5th edition, Dar Al-Nahda Al-Arabiya, 1985.
Dr. Mufid Mahmoud Shehab, “Public International Law,” previous reference.
Dr. Milyoud Al-Mahdabi, “The Lockerbie Case and International Law Provisions,” 3rd edition, Part 1, Arab Civilization Center, 2000.
Dr. Nour Al-Din Al-Husseini, “International Custom,” Dar Al-Nahda Al-Arabiya, Cairo, 1978, p. 320 and beyond.
Dr. Hisham Abdel Aziz Mubarak, “Extradition of Criminals: Between Reality and Law.”
Dr. Younis Al-Azzawi, “The Problem of Personal Criminal Responsibility in International Law,” PhD thesis submitted by the author to the Department of Political Science at the University of Tennessee, USA, Baghdad Press, 1970.
Dr. Abdul Rahman Fathi Samhan, “Extradition of Criminals under International Law Rules,” Dar Al-Nahda Al-Arabiya, 2011.
Siraj Al-Din Muhammad Al-Ruwabi, *Interpol and the Pursuit of Criminals*, Egyptian Lebanese House, Cairo, 1st Edition, 1998.
- Mr. Sadeq Haqiqat, Foreign Policy of the Islamic State (Foundations, Principles, Goals), Al-Muhibbin Publications, First Edition, 2013.
- Mr. Sadeq Haqiqat, Foreign Policy of the Islamic State (Foundations, Principles, Goals). 43- Mr. Sadeq Haqiqat, Responsibilities in the Foreign Policy of the Islamic State.
- Abbas Ali Amid Zanjani, Political Jurisprudence 102:3, Tehran, Amir Kabir Publications, 1988.
- Abbas Ali Amid Zanjani, Political Jurisprudence.
- Abd al-Fattah Muhammad Siraj, General Theory of Extradition, previous reference.
- Abd al-Qadir 'Awda, Islamic Criminal Legislation Compared to Positive Law, Dar Al-Kitab Al-Arabi, Beirut, 2nd Edition, n.d.
- Alaa Al-Din Shehata, International Cooperation in Crime Control, Itrak Publishing and Distribution, Cairo, 1st Edition, 2000.
- Ali Akbar Kalantari, Secondary Rulings in Islamic Legislation.
- Fathi Al-Darini, Characteristics of Islamic Legislation in Politics and Governance, Al-Resala Foundation, Beirut, 1st Edition, 1982.
- Muhammad Abu Zahra, International Relations in Islam, Cairo, Dar Al-Fikr Al-Arabi, n.d.
- Muhammad Baqir Al-Sadr, Lessons in the Science of Principles, First Part, Lebanon, Dar Al-Kitab Al-Lubnani, 1978.
- Muhammad Hussein Al-Tabataba’i, Al-Mizan in the Interpretation of the Quran, Volume 9, Commercial Press, Beirut, n.d.
- Muhammad Reza Dhiya’i Bikdeli, Islam and International Laws 41, 3rd Edition, Tehran, Nashr Company, 1989 (both in Persian).
Theses and Dissertations:
- Owaid bin Muhammad bin Hadhil, Provisions for the Extradition of Criminals in Islamic Jurisprudence and Contemporary Trends and Their Applications in the Kingdom of Saudi Arabia, Master’s Thesis, 1995.
Published Research:
- Ahmed Abu Al-Wafa Muhammad, The Right of Asylum in Islamic Law, Saudi Studies Journal, Institute of Diplomatic Studies, Ministry of Foreign Affairs, Kingdom of Saudi Arabia, Issue 4, 1990.
- Abbas Ali Amid Zanjani, Laws of Obligations and International Treaties in Islamic Jurisprudence and Laws, Legal Journal, Issues 14-15.
- Dr. Majid Ibrahim Ali, Contemporary International Trends Towards the Application of the Principle of Territoriality in International Criminal Law within the Framework of International Security Cooperation, Police Research Center Journal, Issue 12, July 1997, published by the Police Research Center.
- Muhammad Ahmed Abdul Rahman Taha, The Legal System for the Extradition of Criminals: Sources and Types of Extradition, article published in Legal Studies, Issue 7.
- IAN Brownlie Principles of public international law" Oxford university Press 1990
- M.C. Bassiouni, Extradition: the USA, Model. Rev. Int Lede droits Penal, Vol. 62.
- Vois: Louis Balmond et des auters “cooperation avec les jurisdiction pales international” R.G.D.I.P Vol. I, No. I,1988 Revue publiee avec le concours du G.N.RS.
- woetzel, R.K., the Nuremberg trails in international law New York 1960.
- vois aussi louis Balmond et. Anne-sdphie, Millet, Ruanda premiers Proces pour genocide27 December 1996, R.G.D.I.P Vol. I, No. 3,10,11, 1997 G.N.RS.
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