| Foreword |
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vii | |
| Preface |
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xi | |
| Translator's Introduction |
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1 | (1) |
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Islamic Laur and the Law of Nations |
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1 | (9) |
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Islam and the Community of Nations |
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1 | (3) |
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Islamic Conception of the Law of Nations |
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4 | (3) |
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Nature and Sources of the Islamic Law of Nations |
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7 | (3) |
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Theory of the Islamic Law of Nations |
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10 | (12) |
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The Islamic Conception of World Order |
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10 | (5) |
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The Doctrine of the Jihad |
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15 | (2) |
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17 | (2) |
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The Relevance of Legal Theory to Historical Circumstances |
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19 | (3) |
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Shaybani's Life and Writings |
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22 | (16) |
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22 | (4) |
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26 | (10) |
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36 | (2) |
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Shaybani and the Islamic Law of Nations |
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38 | (19) |
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38 | (3) |
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Shaybani's Works on the Siyar |
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41 | (5) |
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The Vocabulary of Shaybani's Siyar |
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46 | (3) |
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Structure and Substance of Shaybani's Siyar |
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49 | (7) |
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Shaybani as the Founder of the Science of the Siyar |
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56 | (1) |
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Changes in the Concepts of the Siyar after Shaybani |
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57 | (13) |
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57 | (3) |
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60 | (5) |
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The Ottoman Empire and the Modern Law of Nations |
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65 | (2) |
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Islam and the Modern Community of Nations |
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67 | (3) |
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70 | (5) |
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70 | (1) |
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71 | (1) |
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72 | (3) |
| Translation of Shaybanis Siyar |
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[Traditions Relating to the Conduct of War] |
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75 | (20) |
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On the Conduct of the Army in Enemy Territory |
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95 | (11) |
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95 | (5) |
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The Killing of Captives and the Destruction of Enemy Fortifications |
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100 | (3) |
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Penalties in the Territory of War and the Shortening of Prayer |
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103 | (3) |
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106 | (24) |
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106 | (7) |
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Distribution of ``Additional Shares'' |
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113 | (1) |
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Manumission of Women and Children Prisoners of War |
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114 | (11) |
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Slave Girl Captured by a Single Warrior Starting from the Muslim Camp and Making an Incursion in the Territory of War |
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125 | (5) |
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[On the Intercourse between the Territory of Islam (Dar al-Islam) and the Territory of War (Dar al-Harb)] |
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130 | (12) |
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Trade between the Territory of Islam and the Territory of War |
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130 | (4) |
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Prisoners of War Entitled to Funeral Prayer |
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134 | (2) |
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Muslim Merchants in the Territory of War Seeking to Recover Their Women and Property |
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136 | (2) |
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[Status of] the Man in the Territory of War Who Becomes a Muslim While in Possession of His Property, His Land, His Family, and His Children, after Which the Territory of War Falls under Muslim Rule |
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138 | (4) |
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142 | (16) |
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[Agreements with the Scripturaries] |
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142 | (10) |
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Peace Treaties with Rulers [of the Unbelievers] |
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152 | (2) |
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Peace Treaties with the Inhabitants of the Territory of War |
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154 | (4) |
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158 | (37) |
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The Granting of Aman by a Muslim to the Inhabitants of the Territory of War |
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158 | (2) |
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The Musta'min from the Territory of War [Enters the Territory of Islam] |
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160 | (5) |
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Property Left behind by the Musta'min Who Returns to the Dar al-Harb or Dies in the Dar al-Islam |
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165 | (3) |
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What the Musta'min May [Lawfully] Take with Him into the Dar al-Harb |
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168 | (2) |
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Persons from [the Territory of] War Who Are Apprehended in the Dar al-Islam |
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170 | (1) |
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Application of Hudud Penalties |
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171 | (3) |
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The Tithe Duties Imposed on the Inhabitants of the Territory of War |
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174 | (3) |
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The Musta'min's Umm Walad, Mudabbar, Wife, and Freedmen [Who Enter the Dar al-Islam] |
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177 | (3) |
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The Woman of the Inhabitants of [the Territory of] War Who Becomes a Muslim and Enters the Territory of Islam |
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180 | (3) |
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Marital Status of Persons from the Territory of War |
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183 | (4) |
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Muslims Entering the Dar al-Harb under an Aman for Trade |
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187 | (2) |
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Slaves Purchased by Muslims in the Territory of War |
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189 | (4) |
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Muslims as Musta'mins in the Dar al-Harb |
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193 | (2) |
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195 | (35) |
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195 | (7) |
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202 | (3) |
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205 | (4) |
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Apostasy of [Male] Slaves, Mukatabs, and Female Slaves |
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209 | (2) |
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Sale of the Male and Female Stave Apostates |
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211 | (2) |
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The Apostasy of a [Free] Man and His Slave |
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213 | (2) |
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215 | (3) |
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Breach of Dhimmis' Agreement [with the Muslims] |
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218 | (4) |
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Apostate Ascendancy in Their Territory |
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222 | (2) |
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224 | (1) |
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The Group of Muslims in the Territory of War Who Apostate |
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225 | (1) |
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Apostate Liable To Be Executed |
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225 | (2) |
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Apostasy of the Intoxicated Person |
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227 | (3) |
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[On Dissension and Highway Robbery] |
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230 | (24) |
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Kharijis (Dissenters) and Baghis (Rebels) |
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230 | (17) |
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[Status of] Highway Robbers, Adventurers, and Muta'awwils |
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247 | (3) |
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If the Rebels Fight along with the Muslims against the Unbelievers |
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250 | (4) |
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Supplement to the Kitab al-Siyar |
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254 | (15) |
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The King's Prerogatives in His Realm and Who Are To Be Considered as His Slaves from among His Subjects |
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265 | (4) |
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Kitab al-Kharaj (The Book of Taxation) |
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269 | (19) |
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269 | (4) |
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The Status of Kharaj Land If Its Owners Become Muslims or Unable to Work on It or Abandon It |
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273 | (2) |
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The Kharaj and the Jizya on the Heads of Adult Males |
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275 | (2) |
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Limitations on the Dhimmis with Respect to Their Dressing and Riding Mounts |
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277 | (1) |
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Pacts of the Prophet and His Companions Concerning the People of Najran and the Tribes of Banu Taghiib |
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278 | (5) |
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283 | (1) |
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The Enfeoffment of Uncultivated and Waste Lands |
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284 | (1) |
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Tithe Land and the Rights and Dties of Those Who Cultivate It |
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285 | (3) |
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Book on `Ushr (Tithe) According to Dawud b. Rushayd |
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288 | (5) |
| Transmitters of Traditions and Narratives |
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293 | (5) |
| Glossary |
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298 | (4) |
| Select Bibliography |
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302 | (5) |
| Index |
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307 | |