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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.
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Abbreviations

Khaled R. Bashir

AH

Islamic calendar (Hijri)

AJCL

American Journal of Comparative Law

AJSS

Asian Journal of Social Science

C&S Law

Journal of Conflict and Security Law

CIW

Carnegie Institution of Washington

EJLS

European Journal of Legal Studies

JHIL

Journal of the History of International Law

JME

Journal of Military Ethics

PUP

Princeton University Press

Siyar

Islamic international law or as-siyar.

SSI

United States Army War College: Strategic Studies Institute

… although also associating partners to Allah is the utmost offence, it is in the jurisdiction of God alone and God postponed the trial for such crime to the Day of Judgement. As for the offences that he prescribed punishments for in this life, it is in the interest of his subjects to prevent fighting; this prevention cannot be achieved by killing those who do not fight. Therefore, only those who fight Muslims should be the subject of fighting.

Al-Shaybani