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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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Chapter 4: Rules on the consequences of war

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.

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