International Law in General in the Medieval Islamic World

The Cambridge History of International Law, Volume VIII: International Law in the Islamic World, Part I: International Law in the Medieval Islamic World (622-1453) (Forthcoming)

90 Pages Posted: 12 Jan 2021 Last revised: 30 Jun 2021

See all articles by Mohammad Fadel

Mohammad Fadel

University of Toronto - Faculty of Law

Date Written: June 29, 2021

Abstract

This chapter provides the reader with an introduction to basic questions of Islamic international law as they were developed and refined in the first six hundred years of Muslim history (7th-12th centuries CE/1st – 6th centuries AH). It focuses on the contributions of the Iraqi and Hejazi jurists (later, the Hanafis and the Malikis). The chapter provides an overview of fundamental categories of Islamic international law, such as the state of nature, sovereignty, and the relationship of legal rights to the existence of a polity capable of protecting rights. It discusses the rules of armed conflict, the role of peace agreements in securing rights extraterritorially, the status of conquered territories and the people and property in such territories, questions related to immigration and captivity, prisoner exchange, and contracting and repudiating peace. As a broad survey, it should be of interest to both specialists in Islamic law and historians of international law, as well as historians of the Late Antique and Medieval Near East and Mediterranean.

Keywords: Islamic international law, Islamic history, Shaybani, Malik, Hanafis, Malikis, Shaf'i, sovereignty, slavery, prisoner exchange, immigration, rights of the family

Suggested Citation

Fadel, Mohammad, International Law in General in the Medieval Islamic World (June 29, 2021). The Cambridge History of International Law, Volume VIII: International Law in the Islamic World, Part I: International Law in the Medieval Islamic World (622-1453) (Forthcoming), Available at SSRN: https://ssrn.com/abstract=3751399 or http://dx.doi.org/10.2139/ssrn.3751399

Mohammad Fadel (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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