Dialectical Relations of Sharia and International Law

Abstract

The notion that international law is completely secular is fundamentally incorrect. Religious relations in international law can be categorized into three, namely separationist: movement for sovereignty, accomodationist: in Law is Consistency in religion with Rationalism and pragmatism (double-edge) which means teaches everything that proves itself to be true by looking at practical beneficial consequences or results. The current development of international law shows that international law tends to use religion as part of itself but is pragmatic in nature (double-edge). If it gives a positive value, it will be taken, whereas if it has a negative effect it will be abandoned.

The principles underlying International Law are (1) Human unity (2) Cooperation (3) Tolerance (4) Freedom of belief (creed) (5) justice as for the main principles in Islamic law related to relations between countries (1) brotherhood (2 ) Respect for human dignity and protection of human rights (3) Commitment to morals and ethics (4) Justice and Equality of Rights and Obligations (5) Pardon in War and Peace (6) Fulfillment of agreements as long as the other party complies with and respects iy (7) Reciprocity as long as it does not conflict with fundamental principles and values.