Historical Foundations and Al-Shaybani’s Siyar
Chapter 2: Reading historical sources
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.
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