From its origins Islam has been an expansionist religion, understanding itself as a matter of faith to be in a permanent state of war with the non-Muslim world. After the initial consolidation of the Islamic caliphate, however, it soon became apparent that constant military hostilities could not be sustained and that other forms of relationship with non-Muslim nations would be necessary. To reconcile the imperatives of faith with the limits of military power, Islamic scholars developed elaborate legal doctrines. In the second century of the Muslim era (eighth century C.E.), hundreds of years before the codification of international law in Europe by Grotius and others, Muhammad ibn al-Hasan al-Shaybani, an eminent jurist of the Hanafite school in present-day Iraq, wrote the first major Islamic treatise on the law of nations, Kitab al-Siyar al-Kabir. Translated with an extensive commentary by Majid Khadduri, Shaybani's Siyar describes in detail conditions for war (jihad) and for peace, principles for the conduct of military action and of diplomacy, and rules for the treatment of non-Muslims in Muslim lands. A foundational text of the leading school of law in Sunni Islam, it provides essential insights into relations between Islamic nations and the larger world from their earliest days up to the present.
Islamic Law and the Law of Nations Islam and the Community of Nations The
modern law of nations presupposes the existence in the world of sovereign
territorial groups gathered together to form a community of nations, each
possessing its ...
The Origin and Development of Islamic Law. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. With a foreword by Robert H. Jackson (Associate Justice, Supreme Court of the United States). Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs, including War and Peace in the Law of Islam.Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.
The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States.
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index
Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He ...
