Show Less
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.
Show Summary Details
You do not have access to this content

Chapter 4: Rules on the consequences of war

Khaled R. Bashir

Extract

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 are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.