Jihad and International Relations
In Is Jihad Just War? War, Peace and Human Rights under Islamic and Public International Law, (Lewiston, NY: Edwin Mellen Press, 2001) 49-84
Niaz A. Shah, ed., Islam and the Law of Armed Conflict (Cheltenham, UK: Edward Elgar, 2015) 288-323
36 Pages Posted: 15 Jul 2015
Date Written: July 10, 2015
This work argues that Islamic law is not simply a collection of religious precepts and rules, but a comprehensive legal system styled to preserve the interests of Muslims and to regulate their relations with the rest of the world in times of peace and war. In the light of Qur’anic injunctions, Prophetic tradition, and the doctrine of jihād, Muslim jurists unanimously agree on the permissibility of concluding peace treaties with the enemy. They also consent to diplomatic, commercial, and political ties with non-Muslim States, in order to protect the public interest of Muslims, whether they live in dār al-Islām, under Islamic dominion, or in other territories. These relations could be classified under so-called Islamic theory of international relations, in the modern sense of the term, namely: (a) al-mu‘āhadāt (treaties), which include al-amān (safe-conduct); al-hudna (armistice); and al-dhimma (pact, security); (b) al-mu‘āmala bil-mithl (reciprocity); (c) al-tahkīm (arbitration); (d) al-hiyād (neutrality); (e) tabādul al-wufūd wal-safārāt (diplomatic exchange); and (f) al-tijāra al-Khārijiyya (foreign trade). The implication of this theory will be the object of analysis in this work.
Keywords: Islamic Law of Nations; Jihād Doctrine; International Comparative Law; Islamic Theory of International Relations
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