War and Peace in the Law of Islam


Book Description

Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index




War and Peace in Islam


Book Description

Written by a number of Islamic religious authorities and Muslim scholars, this work presents the views and teachings of mainstream Sunni and Shi’i Islam on the subject of jihad. It authoritatively presents jihad as it is understood by the majority of the world’s 1.7 billion Muslims in the world today, and supports this understanding with extensive detail and scholarship. No word in English evokes more fear and misunderstanding than "jihad." To date the books that have appeared on the subject in English by Western scholars have been either openly partisan and polemical or subtly traumatized by so many acts and images of terrorism in the name of jihad and by the historical memory of nearly 1,400 years of confrontation between Islam and Christianity. Though jihad is the central concern of War and Peace in Islam: The Uses and Abuses of Jihad, the range of the essays is not confined exclusively to the study of jihad. The work is divided into three parts: War and Its Practice, Peace and Its Practice, and Beyond Peace: The Practice of Forbearance, Mercy, Compassion and Love. The book aims to reveal the real meaning of jihad and to rectify many of the misunderstandings that surround both it and Islam’s relation with the “Other.”




Religion of Peace?


Book Description

Virtually every contemporary Western leader has expressed the view that Islam is a peaceful religion and that those who commit violence in its name are fanatics who misinterpret its tenets. This widely circulated claim is false. Relying primarily on Islam's own sources, "Religion of Peace? Islam's War Against the World" demonstrates that Islam is a violent, expansionary ideology that seeks the subjugation and destruction of other faiths, cultures, and systems of government. Further, it shows that the jihadis that Westerners have been indoctrinated to believe are extremists, are actually in the mainstream.




War for Peace


Book Description

Peace is a universal ideal, but its political life is a great paradox: "peace" is the opposite of war, but it also enables war. If peace is the elimination of war, then what does it mean to wage war for the sake of peace? What does peace mean when some say that they are committed to it but that their enemies do not value it? Why is it that associating peace with other ideals, like justice, friendship, security, and law, does little to distance peace from war? Although political theory has dealt extensively with most major concepts that today define "the political" it has paid relatively scant critical attention to peace, the very concept that is often said to be the major aim and ideal of humanity. In War for Peace, Murad Idris looks at the ways that peace has been treated across the writings of ten thinkers from ancient and modern political thought, from Plato to Immanuel Kant and Sayyid Qutb, to produce an original and striking account of what peace means and how it works. Idris argues that peace is parasitical in that the addition of other ideals into peace, such as law, security, and friendship, reduces it to consensus and actually facilitates war; it is provincial in that its universalized content reflects particularistic desires and fears, constructions of difference, and hierarchies within humanity; and it is polemical, in that its idealization is not only the product of antagonisms, but also enables hostility. War for Peace uncovers the basis of peace's moralities and the political functions of its idealizations, historically and into the present. This bold and ambitious book confronts readers with the impurity of peace as an ideal, and the pressing need to think beyond universal peace.




Islamic Political Ethics


Book Description

One of the most dynamic aspects of the Islamic revival during the past two centuries has been the rethinking of Islamic political thought. A broad range of actors, ideas, and ideologies characterize the debate on how Islamic ethics and law should be manifested in modern institutions. Yet this aspect of the "return to Islam" has been neglected by policymakers, the media, and even many scholars, who equate "political Islam" with merely one strand, labeled "Islamic fundamentalism." Bringing together ten essays from six volumes of the Ethikon Series in Comparative Ethics, this book gives a rounded treatment to the subject of Islamic political ethics. The authors explore the Islamic ethics of civil society, boundaries, pluralism, and war and peace. They consider questions of diversity, discussing, among other subjects, Islamic regimes' policies regarding women and religious minorities. The chapters on war and peace take up such crucial and timely issues as the Islamic ethics of jihad, examining both the legitimate conditions for the declaration of war and the proper conduct of war. In their discussions, the contributors analyze the works of classical writers as well as the full range of modern reinterpretations. But beyond these analyses of previous and contemporary thinkers, the essays also reach back to the two fundamental sources of Islamic ethics--the Qur'an and traditions of the Prophet--to develop fresh insights into how Islam and Muslims can contribute to human society in the twenty-first century. The authors are Dale F. Eickelman, Hasan Hanafi, Sohail H. Hashmi, Farhad Kazemi, John Kelsay, Muhammad Khalid Masud, Sulayman Nyang, Bassam Tibi, and M. Raquibuz Zaman. From the foreword by Jack Miles: "Western foreign ministers and secretaries of state may have to learn a little theology if the looming clash between embattled elements both in the West and in the Muslim umma is to yield to disengagement and peaceful coexistence, to say nothing of fruitful collaboration. . . . It is, then, no idle academic exercise that the thinkers whose work is collected here have in hand. The long-term practical importance of their work can scarcely be overstated."




War, Peace and International Relations in Islam


Book Description

Foreword by Efraim Halevy, former chief of the Mossad, Israel's national intelligence service. This book presents and analyses fatwas -- rulings of Islamic law -- issued by religious sages and clerics on issues of war and peace in regard to the actual or future possibility of conducting a peace agreement between Muslim states and Israel. The analysis highlights Islamic law's adaptation to changing political realities to the modern model of international relations; the changing concept of jihad and the current role of political fatwas. It deals with the shari'a interpretations regarding war and peace in theory and practice; the Hudaybiyya Pact of 628 between the prophet Muhammad and the Quraysh infidels; Egyptian fatwas from 1947 to 1979 regarding peace with Israel; the 1995 debate between the late mufti of Saudi Arabia 'Abd al-'Aziz ibn Baz and the popular Islamist scholar Dr Yusuf al-Qaradawi over the Oslo Accords; the Hamas hudna concept; the debate between Saudi Arabian muftis and Hezbollah sages over Israel's second war in Lebanon (2006); and a comparative study of the agreements that were signed between the Algerian leader 'Abd al-Qadir and the French in the 1830s. Features: Details those Muslim religious scholars and leaders who present pragmatic interpretations and envision the natural relations between the Muslim and non-Muslim worlds as a state of peace; Sheds light on the built-in pluralism in Islam; And exposes the need of moderate Arab-Muslim rulers for pragmatic muftis and fatwas in order to contend with radical Muslim factions to soften and limit Arab public opposition to signing a peace agreement with Israel, and to enable normal relations with Israel after signing the agreement. The rulings of Islamic law cited in this book are likely to serve as a textual and intellectual basis for the public discourse on peace between Israel and the Palestinians and Arab states.




The Crescent and the Cross


Book Description

This book is the product of dialogue between a group of leading British Muslim and Christian scholars concerned about the alleged danger to the 'West' of Islamic 'fundamentalism'. It analyses the ethical and legal principles, rooted in both traditions, underlying any use of armed force in the modern world. After chapters on the history, theology and laws of war as seen from both sides, the book applies its conclusions to (a) the 1990-91 Gulf War and (b) the Bosnian Conflict. It concludes that Huntington's 'Clash of Civilisations' thesis is a dangerous myth.




Islamic International Law


Book Description

Through the analysis of Al-Shaybani's most prolific work As-Siyar Al Kabier, this book offers a unique insight into the classic Islamic perspective on international law. Despite being recognised as one of the earliest contributors to the field of international law, there has been little written, in English, on Al-Shaybani's work; this book will go some way towards filling the lacuna. International Islamic Law examines Al-Shaybani's work alongside that of other leading scholars such as: Augustine, Gratian, Aquinas, Vitoria and Grotius, proving a full picture of early thinking on international law. Individual chapters provide discussion on Al-Shaybani's writing in relation to war, peace, the consequences of war and diplomatic missions. Khaled Ramadan Bashir uses contemporary international law vocabulary to enable the reader to consider Al-Shaybani's writing in a modern context.This book will be a useful and unique resource for scholars in the field of Islamic International Law, bringing together and translating a number of historical sources to form one accessible and coherent text. Scholars researching the historical and jurisprudential origins of public international law topics, such as: international humanitarian law, 'just war', international dispute resolution, asylum and diplomacy will also find the book to be an interesting and valuable text.




International Law and Islam


Book Description

International Law and Islam: Historical Explorationsoffers a unique opportunity to examine the Islamic contribution to the development of international law in historical perspective. The role of Islam in its various intellectual, political and legal manifestations within the history of international law is part of the exciting intellectual renovation of international and global legal history in the dawn of the twenty-first century. The present volume is an invitation to engage with this thriving development after 'generations of prejudiced writing' regarding the notable contribution of Islam to international law and its history.




Narrating Muslim Sicily


Book Description

In 902 the last Byzantine stronghold in Sicily fell, and the island would remain under Muslim control until the arrival of the Normans in the eleventh century. Drawing on a lifetime of translating and linguistic experience, William Granara here focuses on the various ways in which medieval Arab historians, geographers, jurists and philologists imagined and articulated their ever-changing identities in this turbulent period. All of these authors sought to make sense of the island's dramatic twists, including conquest and struggles over political sovereignty, and the painful decline of social and cultural life. Writing about Siqilliya involved drawing from memory, conjecture and then-current theories of why nations and people rose and fell. In so doing, Granara considers and translates, often for the first time, a vast range of primary sources - from the master chronicles of Ibn al-Athir and Ibn Khadun to biographical dictionaries, geographical works, legal treatises and poetry - and modern scholarship not available in English. He charts the shift from Sicily as 'warrior outpost' to vital and productive hub that would transform the medieval Islamic world, and indeed the entire Mediterranean.