Historical Foundations and Al-Shaybani’s Siyar
Chapter 5: The law of peace
In this chapter, the author focuses on the law of peace. He opens the discussion by drawing attention to other writings around the Middle Ages concerning topics at hand. The chapter highlights the fact that peace, peace-making tools and conflict resolutions were highly regarded and thoroughly examined in Al-Shaybani’s writings. In this chapter, however, the author selects some of the main peace-creating tools discussed in Al-Shaybani’s book. Thus, he discusses treaty law, peace treaty, ama’an (pledge of safety), diplomatic law and arbitration, one of the conflict resolution tools proposed by Al-Shaybani. Each of these main points discussed in detail. For example, the author discusses rules relating to the interpretation of treaties examining among other matters rules regarding implied and express terms. The discussion of these points takes into consideration the writings of Grotius, Gratian, Augustine, Aquinas and Vitoria.
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