The Status of Islamic Legal System in the Procedure of International Court of Justice

Analyzing and dealing with historical, legal and philosophical aspects of articles 9 and 38(1) (C) of International Court of Justice Statute, present paper tries to explore the procedure of ICJ for capacities of Islamic Legal System. Since 1969 ICJ and its judges have paid increasing attention to Islamic Law. In the text of two judgments and also different and contradicting opinions of a number of judges, the relationship between Islamic rules and principles and International Law concepts have been discussed. ICJ, based on article 50 of its statute can do a comparative study between Islamic rules and principles and International Law concepts, with the help of experts. This not only assures the enrichment of judgements of ICJ and its judges’ opinions on Islamic Law, but also creates opportunities for this legal system to be approached in the development of international law and the peaceful settlement of international disputes.