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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 5: The law of peace

Khaled R. Bashir


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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