ABSTRACT
The following introductory chapter seeks to familiarize the reader with the positivist legal technique exercised in Arabia known as “creative anarchy” and the adopted methodology of TWAIL accenting subsequent chapters to deconstruct and initiate a critique of the secular jurisprudence characterizing International Law. In doing so, the discussion engages in an epistemological inquiry by emphasising two political commitments – a hermeneutics of suspicion in tandem with being anachronic – when reading to deconstruct positivist legal-history. This inquiry reveals how past and current secular legal doctrines and their associated deterministic representations of Arab epistemology have been consistent in adopting logical fallacies associated with semantic generalization perceiving Arabia as a monolithic space with “inhabitants” rather than “political subjects”, and a “geographic area” rather than a “homeland” with different epistemological registers than to those temporally reified by secular (Latin-European) philosophical theology. Ideologically inspired ethnological abstractions resulting in the partition of Arabian space have historically sourced the need to exercise creative chaos by claiming Arab epistemology as being receptive to genocide and allergic to reason. The legal justification extended to practice such technique asserts a subjective reason-based deduction claiming that the ontology of Arabs in general, and Muslims in particular, is temporally degenerative.
