You are looking at 1 - 10 of 10 items

  • Author or Editor: Khaled R. Bashir x
Clear All Modify Search
This content is available to you

Khaled R. Bashir

This content is available to you

Khaled R. Bashir

This content is available to you

Khaled R. Bashir

This content is available to you

Khaled R. Bashir

This chapter first affirms that both Siyar and Western international law have religious and divine origins. It introduces Siyar (Islamic international law) and explains its relevance to contemporary scholarship. The author then discusses the history of writings in the area and identifies Al-Shaybani as the earliest major contributor to international law who also treated this subject as a separate field for the first time in history. The chapter considers the availability of the original works of Al-Shaybani and decides to rely on the commentary of Al-Sarakhsi on Al-Shaybani’s grand book, as the latter is not available elsewhere. This is done through discussing all previous works related to Al-Shaybani and evaluating their authenticity, comprehensiveness and originality. Through revising Al-Sarakhsi’s authentic commentary, the author identifies the most authentic and complete text of Al-Shaybani’s book. This involved working with original manuscripts and classical writings.

You do not have access to this content

Khaled R. Bashir

This chapter discusses the nature of international relations at the time when Al-Shaybani was writing. This is considered in order to envisage the writing of Al-Shaybani in light of the then existing state of international regulations. To achieve this, the author explores the state of international law in other civilizations surrounding Al-Shaybani’s at the time. Subsequently, this chapter exposes the sources of Al-Shaybani’s writings through examining the sources of Islamic international law. The author investigates whether Al-Shaybani drew on the work of others or developed his through his own initiative. A central theme of this chapter is also identifying Al-Shaybani’s methodology and his style of reasoning. Therefore, schools of jurisprudence that could have influenced Al-Shaybani’s writing are considered. The discussion then focuses on characteristics of Al-Shaybani’s approach. For example, the often-misunderstood notions of dar-al-harb and dar-al-Islam are discussed in great depth here.

You do not have access to this content

Khaled R. Bashir

This chapter examines Al-Shaybani’s writings in Al-Siyar Al-Kab_r on the topic of the regulation of war. Al-Shaybani covered topics such as civil (internal) wars, alliances, neutrality, the principle of non-intervention and issues related to the participation of foreign fighters in civil wars. However, this chapter focuses on the major aspects of war in the international sphere. It discusses some of the most important issues Al-Shaybani addressed in his book, which are central to war affairs. This chapter is divided into two key parts: jus ad bellum and jus in bello. At the start, this chapter gives a brief historical account of the customs and laws regulating war before and around the time of Al-Shaybani. This chapter will be the first authentic and detailed text on the law of war as discussed by Al-Shaybani in his grand book to be made available to the reader in English.

You do not have access to this content

Khaled R. Bashir

This chapter discusses the rules on the consequences of war. For the purpose of this chapter, the author selected some of the main topics addressed by Al-Shaybani in this area, which are prisoners of war and ghanimah (spoils of war). First, this chapter provides a historical overview of the law on spoils of war (war booty) and discusses the philosophical approach of Al-Shaybani to this subject compared to Augustin, Gratian, Aquinas, Vitoria and Grotius. Subsequently, it considers the rules governing spoils of war and prisoners of war in detail. The law library is poorly equipped in this particular subject area. This chapter offers the reader an insight into the historical background and how the Romans, the Greeks and others dealt with such topics. It then provides a detailed analysis of the rules on spoils of war and on prisoners of war as put forward by Al-Shaybani.

You do not have access to this content

Khaled R. Bashir

In this chapter, the author focuses on the law of peace. He opens the discussion by drawing attention to other writings around the Middle Ages concerning topics at hand. The chapter highlights the fact that peace, peace-making tools and conflict resolutions were highly regarded and thoroughly examined in Al-Shaybani’s writings. In this chapter, however, the author selects some of the main peace-creating tools discussed in Al-Shaybani’s book. Thus, he discusses treaty law, peace treaty, ama’an (pledge of safety), diplomatic law and arbitration, one of the conflict resolution tools proposed by Al-Shaybani. Each of these main points discussed in detail. For example, the author discusses rules relating to the interpretation of treaties examining among other matters rules regarding implied and express terms. The discussion of these points takes into consideration the writings of Grotius, Gratian, Augustine, Aquinas and Vitoria.

You do not have access to this content

Khaled R. Bashir

This chapter highlights the extent of Al-Shaybani’s contribution to Siyar and to the field of international law. It concludes that, although they were theologians, Al-Shaybani, Grotius and Vitoria had offered what legal historians should never exclude. Al-Shaybani, in the eighth century, provided a manual of legal rules on all international law topics related to his time. His book is still very much relevant to today’s international legal system and is sometimes a clear anticipation of what humanity has finally reached in the field. In addition, this chapter surmises some of the outstanding principles (e.g. the principle of reciprocity) put forward by Al-Shaybani as legal obligations to be respected in international relations and not mere moral teachings. This chapter also raises some serious questions about the history of international law and challenges many of the current assumptions about the history of the contemporary international law.

You do not have access to this content

Islamic International Law

Historical Foundations and Al-Shaybani’s Siyar

Khaled R. Bashir

In this work, Khaled Ramadan Bashir presents and discusses the precise nature of Mohammad Al-Shaybnai’s contribution to Siyar (Islamic International Law). He compares his work to other great contributions on international law made by renowned scholars including Augustine, Gratian, Aquinas, Vitoria and Grotius. Bashir affirms the view that Al-Shaybnai made a major contribution to the field of International law, which was unparalleled until Grotius wrote The Law of War and Peace. To date, Al-Shaybnai’s Siyar is still a cornerstone of the Islamic perspective of international law.