The Islamic Law of Nations

by
Format: Paperback
Pub. Date: 2001-11-28
Publisher(s): Johns Hopkins Univ Pr
List Price: $34.65

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Summary

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

Author Biography

Majid Khadduri is Professor Emeritus of the School of Advanced International Studies of the Johns Hopkins University. Before coming to the United States in 1947 he served in the government of Iraq and, as a member of the Delegation of Iraq, participated in the San Francisco Conference which prepared the United Nations Charter.

Table of Contents

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

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