Historical Foundations and Al-Shaybani’s Siyar
Chapter 4: Rules on the consequences of war
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.
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