Islamic International Law (Siyar): An Introduction
Hamdard Islamicus, Vol. XXXX, No. 4, (October-December 2012), pp. 37-60.
26 Pages Posted: 10 May 2011 Last revised: 6 Jan 2013
Date Written: 2012
This work explains the origin, sources, and evolution of Islamic international law (Siyar). It attempts to locate the role and place of Islamic International law (Siyar). It argues that Abu Hanifa was the first jurist to treat Siyar as a separate legal science and who systematically explained the rules of Siyar. This works discusses the role of Siyar within the domestic law in Pakistan. It concludes that since Islamic law is not only one of the principal legal systems in the world but also that Islam is one of the main forms of civilizations; therefore, Islamic law must be one of the sources of international law. Finally, it argues that since public international law is not secular in nature, but rather ‘neutral’ so as to ‘accommodate’ Muslim states. Siyar only strengthens the obligations of Muslim states and does not impose Islamic law on non-Muslim states.
Keywords: siyar, Islamic international law, role of siyar, origin, evolution of siyar, obligations of Muslim states, Shaybani, Abu Hanifa, Abu Yusuf, Awza'i, Hameedullah
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