Accepted manuscript PDF deposited in Coventry University’s Repository The concept of dar-al-harb (abode of war) dar-al-Islam represent authority; the Sunnah, embodying the Arabian jus gentium is equivalent to custom; sources see A. Rahim, Muhammadan Jurisprudence (Mansoor Book House, Lahore 1995)44-.

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1 An Exploration of t History of International Law : Some Perspectives from within the Islamic Legal Trad i tion s Ayesha S hah id Chapter from : International Law a nd Islam – Historical Explorations (ISBN 978 – 9004388284 ), edited by Ignaciao de la Rasilla and Ayesha Shahid Accepted manuscript PDF deposited i n Coventry Universit y y Publisher : Brill Copyright © and Moral Rights are retained by the author(s) and/ or other copyright owner s . A copy can be downloaded for personal non – commercial research or study, without prior permission or charge . This item cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder(s). The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holder s .

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2 An Exploration of t History of International Law : Some Perspectives from within the Islamic Legal Trad i tion s Ayesha Shahid Abstract: In recent decade s there has been a growing interest in global histories in many parts of the world. attracted the attention of international lawyers and historians. However most scholarly contributions that deal with the history of international law end – up in perpetuating Western Self – c entrism and Euro – c entrism. International law is often presented in the writings of international law scholars as a product of Western Christian st ates and applicable only between them. These scholars insist that the origins of modern ( P ost – Westphalian) international law lie in the state practice of the European nations of the sixteenth and seventeenth century. This approach that considers only old C hristian state s of Western Europe to be the original international community is exclusionary, since it fails to recognize and engage with other legal systems including the Islamic legal tradition s . This chapter through the writings of eminent classic and contemporary Islamic jurists explore s the development of As Siyar ( Islamic international law ) within the Islamic legal tradition and attempts to address the existing gaps in the global history of inte rnational law project. K ey Words: As – Siyar , Islamic Law of Nations, History of International Law, Dar ul Islam , Jihad, Dar ul Harb Formatted: Not Highlight

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3 Introduction: In recent decade s there has been a growing interest in global histories in many parts of the that has drawn the attention of international lawyers and historians. 1 However most sc holarly contributions that deal with the history of international law end – up in perpetuating Western Self – c entrism and Euro – c entrism. International law is often presented in the writings of international law scholars as a product of Western Christian state s and applicable only between them. These scholars insist that the origins of modern international law were conceived in the state practice of the European nations of the sixteenth and seventeenth century. 2 This approach that considers only old Christian s tate s of Western Europe to be the original international 1 A. Kemmerer , Towards a Global History Of International Law? A Review Symposium of Bardo Fas s bender a nd Anne Peters, (eds) The Handbook of the History of I nternational Law European Journal of International Law 25 ( 2014 ) : 1 2 It was in the late 19 th century when Ernest Nys, the Belgian international lawyer and student of Francios Laurent affirmed the European origins of international law in his publication origins du droit international . Later Oppenheim in his classical work on International law clai med that it was the old Christian states of Western Europe that constituted the original international community within which international law grew up gradually through custom and trea imilarly Western lawyers like Carl Schmitt and JHW Verzijl not o nly defended the Western origins of international law but also considered that there has not been any substantive contribution by the non – Western legal traditions to the development of modern international law. For further details see L. Oppenheim The Scie nce of International Law: Its Task and Method , American Journal of International Law , vol. ii, pp. 313 56 (1908) L. Oppenheim, International Law: volume I, Peace ( 1905 ; second edition, 1912 ), volume II, War and Neutrality , ( 1906 ; second edition, 1912 ) ; C Schmitt The Nomos of the Earth in the International Law of the Jus Publicum Europaeum . G.L. Ulmen, tra ns. ( Telos Press , 2003). Original publication: 1950. J. H. W. Verzijl International Law in Historical Perspective , Volume 5 (Martinus Nijhoff Publishers,(1973) However it is in teresting to note that the founders of modern international law for instance Hugo Grotius did not perpetuate Western Self – Centrism or Euro – centrism in h is writings. Similarly Francois Laurent in his Histoire de droit des gens et des relations internation ales discussed international relations of Greek city – states, Romans and Old Christianity. In his writings he referred to jus fetiale and jus gentium in Roman law. Another prom i nent name is of Spanish scholar and founder of the School of Salamanca Francisc o de Vitoria, whose scholarly writings provided a narrative of the theory of just war and international law. Other scholars and historians such as Saxon Samuel Pufendorf, and Johann Jacob Schmauss to name a few along with other natural law scholars traced the origins of international law in Christian tradition and Greek and Roman civilizations For details see H. Groti us , De Jure Belli ac Pacis, libri tres (1625). F Laurent, Historie du droit des gens et des relations internationals 1851 ,); 1(Paris: Durad,; Francisco de Vitoria: Political Writings , translated by Jeremy Lawrance, ed. Jeremy Lawrance and Anthony Pagden , Cambridge University Press, 1991; Pufendorf De jure naturae et gentium, libri octo (trans as On the Law of Nature and Nations, in eight books) (W Oldfather trans) (Oxford Clarendon Press 1934); JJ Schmauss Ein leitung zu der Staats – Wissenschaft I: Die Historie der Balance von Europa, der Barriere der Niederlande (Göttingen 1751).

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4 community is exclusionary, since it fails to recognize and engage with other legal systems including the Islamic legal tradition s . Islamic international law is system, and worst portrayed as 3 The exclusion of other civilizations and traditions amounts , in Syatauw wo rds , . 4 This distortion of history has been challenged from time t o time since the beginning of the Decolonization period particularly since the 1960s. I nternational lawyers belonging to the Third World started re – , while accepting internationa l law as a universal phenomenon, rejected the Euro – centric perspective . 5 He argued that rules of interstate conduct could be traced back to some of the most ancient civilizations like China, India, Egypt and Assyria . 6 He was of the view that the European inter – state system was itself a regional order that interacted and coexisted with other regional orders before the Western colonization of the world. 7 W focused on the influence of Asian Maritime and trade law , other T hird World international lawyers like Alexandrowich, Elias, and Mesah – Brown explored the history of International law in the African context. 8 Chako, Singh and Rajvera focused on the history of international law in Ancient India whereas Wang f ocused on international law and Chinese civilization. 9 the Third World Approaches to International Law (TWAIL) scholarship has expanded as a decentralized and critical scholarly network around the world 10 TWAIL scholars have generated a vi brant ongoing debate around questions of colonial history, power, identity, and difference and what these mean for international law. 11 I nfluenced by the Critical 3 Overcoming Euro – Centrism? Global History in the Oxford Handbook of the History of International , (2014) 25 EJIL 1, at 334 4 J.J.G. Syatauw, Some Newly Established Asian States and the Development of International Law (1961), 29 – 30 5 D.M. Johnston The Struct ure and Process of International Law. Essays in Legal Philosophy, Doctrine and Theory ( The Hague : Martinus Nijhoff , 1983) 342 6 Ibid 7 Ibid 8 For further details see C.H. Alexandrowich, An Introduction to the Law of Nations in the East Indies(16 th ,17 t h and the 18 th Centuries) (1962); T.O.Elias, Africa and the Development of International Law , Leiden, A .W. Sijthoff; Dobbs Ferry, N.Y., ( Oceana Publications 1972) ; A.K.Mesah – Law and Pre – Mesha – Brown(ed) (African International Legal History( UN Institute for Trainig and Research Newyork 1975)p109 . 9 La Haye117 – tituut(ed) International Law and the Grotian H eritage(TMC Asser Instituut The Hague 1985) p260 10 For further details on TWAIL see Proceedings of the Annual Meeting – American Society of International Law, 2000 – 94. Also D. Fidler Chinese Journal of International Law 2003 – 1, pp. 29 – 76. James Thuo Gathii ( TWAIL: A Brief History of its Origins, its Decentraliz ed Network, and a Tentative Bibliography Trade Law and Development, Vol. 3, No. 1, p. 26. 11 A NTHONY A NGHIE , I MPERIALISM , S OVEREIGNTY A ND T HE M AKING O F I NTERNATIONAL L AW , 2005 ; James Gathii, Imperialism, Colonialism, and International Law, 54 B UFF . L. R EV . 1013 (2007), B.S. Chimni, Third World Approaches to International Law: A Manifesto , 8 I NT L C OMMUNITY L. R EV 3 (2006). Obiora Chinedu Okafor ,

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5 Legal Studies (CLS) and post – modernism approaches, TWAIL scholars with common commitments and concerns have attempted to establish a link between international law and colonialism. By doing so TWAIL scholarship has also brought the colonial encounter between Europeans and non – Europeans to the centre of historical re – examination of international law . TWAIL Scholars by doing so have pushed the agenda of the Third World in International law beyond examining the Third World participation in the making of international law and international institutions. It is in this background that t his chapter seeks to explore whether modern international law is a mere p roduct of a monolithic source of law or does its origins lie in some of the most ancient religions and legal traditions including the Islamic legal tradition ? whether modern i nternational law bee n influenced by the plurality of norms operating in different regions and territories ? whether the principles of As – Siyar or Islamic international law resonate in modern international law? What are the characteristics and parameters of Islamic internationa l law? How has it been defined by classical and contemporary Islamic scholars using different perspectives? And finally w hether Islamic international law has been adopted in the state practice of present day Muslim states? This chapter attempts to capture a brief and schematic history of As – Siyar to show that within the Islamic legal tradition a distinctive system of Islamic international law developed as an integral part of the Islamic legal tradition which regulated the re lations between the Muslim and non – Muslim states for centuries. T he concept of dar – al – harb (abode of war) dar – al – Islam (abode of Islam) , dar ul Ahd and jihad are also examined to see whether Siyar in general or certain elements of As – Siyar have any relevance in the present day context. T h e chapter further attempts to search for parallels 12 , in Islamic international law to find out whether there had been any influence of the Islamic legal traditions on modern international law ? Engaging with Islamic international law will thus give legitimacy Finally the chapter proposes an inclusi ve and accommodative methodological approach to cont ribute to a better appreciat ion of the global history of international law. 1 . Evolution and Development of As – Siyar in the Islamic Legal Tradition This section examine s the meaning, scope, and definitions of the term As – Siyar as given by classical and contemporary Islamic scholars in order to understand how As – Siyar gradually Newness, Imperialism, and International Legal Reform in our Time: A TWAIL Perspective , 43 O SGOODE H ALL L.J. 171, 176 (2005 A NGHIE , A.; C HIMNI , B.S. Third World Approaches to International Law and Individual Responsibility in Internal Conflicts , 2 C HINESE J. I NT L L. 77 (2003). A NGHIE , A.; C HIMNI , B.S.; M ICKELSON , K.; O KAFUR , O EDS . T HE T HIRD W ORLD AND I NTERNATIONAL L EGAL O RDER : L AW , P OLITICS AND G LOBALIZATION (Brill Publishers 2003). 12 The two terms have been used by Prof Shaheen Sardar Ali in her monograph Modern Challenges to Islamic Law , Cambridge University Press, 2016.

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6 developed as a distinct ive international legal system within the Islamic legal tradition that laid down the foundations of the rules regulating the relati ons between the Muslims with n on – Muslims during war and peace. As – Siyar is the plural of the noun sira, which means literally a . Sira has been used in the chronicles in a singular form in the sense of life or biography, i.e., the conduct of an individual. In its plural form it has been used by jurists to denote the conduct of a state in its relations with other communities. 13 According to Zimahshari (d . 1144), Sira is from As – Siyar sara fulanan siratan hasanatan ) which means someone behaved well. Following this, it was extended and modified to mean conduct and practice. 14 As – Siyar al – awwaleen and – Siyar are the two other terms where As – Siyar has been used in relation to the cond uct of the people of the past and the issues relating to the laws of war. 15 The earlier use of the term As – Siyar shows that it was often used to denote the conduct of the Prophet Muhammad . It was also sometimes used interchangeably for Al – Maghazi (military campaigns of the Prophet) for instance Ibn Hisham (d. 833) used the term in his al – Sira al – Nabawiyya that took place during the life time of the Prophet. 16 Another prominent work is of Muhammad Ibn Ishaq (d.768), whose Sira of the Prophet is the culmination of the historical trends that existed in his era. These scholars studied the military expeditions and campaigns carried out by the Prophet and his compan ions to find out the legal norms underlying those military operations. T he term Sira was also used in the context of the biographies of scholars and caliphs for instance Ahmad ibn Yusuf al – Misri (d. 951) became the first writer to employ it for the biogr aphy of another individual in his work, entitled Sirat Ibn Tulun . Similarly Sirat was used by Ibn al – 1201) in his treatise Sirat ‘Umar ibn al – Khattab and – ‘Aziz , and al – (d. 1261) also used in his treatise, Sirat al Shafi’i , and Manaqib al – Shafi’i . 17 This shows that during the early classic period the term S iya r did not refer as much to the concept of international interstate relations . It was only d uring the medieval period of Islam that As – Siyar developed as a set of rules to govern the conduct of war and regulate the conduct of the Muslim community or Muslim rulers in their relations with other non – Muslim communities. As – Siyar derive s its legal basis and general principles from the four main sources of the Islamic l egal tradition i.e. the Quran , the Sunnah of the Prophet Muhammad, Ijma i.e. consensus or agreement and Qiyas or reasoning by analogy. The jurists of various schools of law also employed other juristic techniques including Ijtihad (many established juris ts pla c e it in the category of sources of law) Iikhtilaf , Takhayyur , Talfiq , Maslaha , Darura, Istishab Istihsan , 13 c Law of Nations/ As – Siyar D MES 48, at 50 14 A. J. Zamakhshari, Al – – Tanzeel , Dar al – 15 Al – Mugrib fi Tartib al – , in M. Fakhori, M. U. I. Zayd, A. Halab, ( eds.), Vol. 1, at 227 16 L.Bsoul, supra note 7 p51 17 L. Bsoul, supra note 7 , at 52

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8 al – Umm , discusses Al – the subject with reference to the Radd of Abu Yusuf. Malik ibn Anas , founder of the Maliki School of thought in his treatise Al – Mudawwana al – Kubra devoted a chapter entitled Kitab – ul – Jihad in which he laid down rules that prohibited the killing of women, children, elderly men and monks and hermits in their cells. He also instructed that the property of monks and hermits should not be touched as that is their only means of sustenance. As compared to Al – Mudawwana Imam Malik in his other book Al – Muwatta provides more detailed rules on granting immunity to non – combatants. A bu Ishaq Ibrahim ibn Muhammad ibn al – Harith al – Fazari , an expert on hadith literature from Kufa , wrote a treatise on As – Siyar , in which he dealt with the subjects of maghazi , As – Siyar , and other rulings. 24 In addition, he analyzed the nature of the relationship between Muslims and non – Muslims, including ahl al – dhimma (inhabitants of territory protected by a treaty of surrender) and (non – Muslims dwelling in – harb ). Abu al – Hasan Ali – Ibn – Muhammad Al – Mawardi (d . 1058) a Shafi jurist renowned for his legal scholarship wrote several belles lettres works. 25 His al Hawai – al – Kabir is the most important treatise on the topic of jihad from that time. It provides an analysis of the classical theories of military jihad and the necessit y of undertaking it in specific circumstances. 26 Using verses he argues that jihad was not mandatory until the time of Battle of Badr but subsequent verses established its mandatory nature. 27 Muwardi considers jihad to be a collective duty as its purpose is to protect Islamic realms from the incursions of the enemy and to thereby ensure the safety of the lives and property of Muslims. However, in his view jihad becomes an individual duty of all those capable of participating in combats if th e enemy attacks Muslim territory. 28 The medieval scholars such as Sarakhsi (d.1090), Naj u m uddin ibn Hafs al – Nasafi (d.1132) and Kasani (d.1191) in their writings laid down rules to regulate several kinds of relations between Muslims and non – Muslims includ ing: (apostates), (enemy aliens who have been given aman , (the promise of security and safe conduct, given to an enemy by Muslims) and ahl al – dhimma (non – Muslims subjects of the Islamic state). 29 These scholars transformed the concept o f As – Siyar from narrative to a dopt normative character, especially with regard to rules concerning the resort to war ( jus ad bellum ), treaties, and the conduct of war ( jus in bello ). 30 24 A. I. al – Kitab Al – , F. Hamada (ed.), (1408/1987),62 at 78. 25 Al – Mawardi, al – Hawi al – kabir fi f iqh maddhab al – imam al – – huwa sharh mukhtasar al – muzani, (1994) vol.14 – Mawjud: Daral – kutub al – 102 . 26 See al – Mawardi supra note 13, at 120 27 (9: 73);(22:78);( 22:183) ;(2:216);(9:36) and( 9:5). 28 See Al – Mawardi, supra note 13, at 120 29 A. Sarakhsi, Kitab al – Mabsut. 10 at 2. H. A. Nasafi, Tilbat al – Talaba fi al – – Fiqhiyya, (ed.), K. A. Mays, (1985) – 30 K. Bennoune, –

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9 The most prolific jurist who contributed towards the development of As – Siyar is Mohammad Al – Shaybani (d.750) often described as the Hugo Grotius of the Muslims. 31 Al – Shaybani at a young age had the privilege of studying Islamic jurisprudence under the guidance of Imam Abu Hanifa . After the death of the Imam Abu Hanifa Shayb ani came under the tutelage of Imam Abu Yusuf. Shaybani also had the priviledge to receive guidance from other distinguished scholars as Sufyan ath Thawari ibn Sayed and Abu Amr Al Abd al Rehman ibn – Amr al – Awazi. Al – Shaybani wrot e many books covering dif ferent aspects of Islamic jurisprudence and Islamic Law of Peoples. 32 His two exclusive books are Kitab – Al As – Siyar Al – Saghir (The Shorter Book on the Law of Peoples? and Kitab Al As – Siyar Al Kabir (The Longer Book on the Law of Peoples). Kitab Al Kabir is considered to be his magnum opus . Khadduri describes him as the most eminent Muslim jurist who wrote on Islam’s legal relationship with other nations and may well be called the father of the science of Islamic law of nations. 33 Judge Weeramantry consider s that Hugo Grotius w ritings on jus gentium m ay have been influenced by the works of Al – Shaybani on the subject. 34 Al – Shaybani was the first to contribute towards the system at ization of the Law of Peoples from an Islamic perspective . I n exploring the project one cannot simply ignore or brush aside the colossal contribution of scholars like Al – Shaybani . who preceded Hugo Grot i us some eight centuries ago. 35 Al – Shaybani provide d an in – depth analysis of the lawfulness of settlements of disputes over usurped property, blood – money payment, and ownership of dwellings and slaves. 36 In Al – writings one also find references to questions related with day to day administrative matters in war such as distribution of war booty, treatment of women and children etc. 37 He emphasized that when women and children are captured in war a certain code of conduct needs to be followed for instance transport for women and children is considered an obligation, so much so that if a means of transport is not immediately at hand, and the captives are unable to walk, the commander must hire transport for them. Mo reover, he also considered how territoriality affect familial relations and argued that the marital status of captives could be altered, depending on whether and when a husband and wife are brought into Islamic territory. Granting aman (safe conduct or ple dge of security) to non – Muslims upon entering into Muslim territory for a fixed period of time for the purposes of safe ent ry and residing or carrying out trade , is an area that has been dealt with in detail by al – Shaybani in As – Siyar Al – Kabir . Aman was c onsidered as a sacred promise in which the foreigner receiving it c ame under the full protection of the receiving state during its term and within its jurisdiction . It could be given both in times of war and peace. In times of war if a Muslim gave aman to a person , then his life would be saved and security had to be provided even if that person was fighting. Similarly , in 31 Joseph Freiherr von hammer – Purgstall, a 18 th /19 th century Austrian diplomat and pioneer orientalist was the first to compared Al Shaybani to Hugo Grotius. 32 For in stance one of his earliest works on Islamic jurisprudence was Kitab – ul – Asl also known as Kitab al Mabsut . It was a compilation of a dialogue between Imam Abu Yusuf and Al Shaybani commenting upon the legal doctrines and opinions of Imam Abu Hanifa. 33 M . Khadduri, . p18 34 See Weeramantry, supra note 29 ,at132 35 – Shaybani (749/50 – , in B. F asbender and A. Pete rs (eds.) , The Handbook of the History of International Law (2014) at 1082 36 M. Ibn Al – Hasan Al – Shaybani, Kitab al – Siyar Al – Kabir (1997), 250 37 Ibid ., at 252 – 53

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10 times of peace the objective of giving aman was to facilitate international trade, travel and interaction between nations through envoys . 38 The use of a range of sources, methodologies and perspectives , through which As – Siyar has evolved over the centuries, represent an extensive legal plurality. As – Siyar is based on not just divine sources i.e. the and Sunnah but it has evolved out of the opinions of Muslim jurists who have applied human mind and reasoning to interpret the divine law for developing the corpus of As – Siyar . Muslim scholars belonging to different schools of thought while app lying th eir own reason ing to the divine sources and agreeing on the basic principles , differed in their interpretations of specific legal – religious rules. The above mentioned scholarly contributions demonstrate how Muslim jurists, over the course of time developed legal standa rds to govern the relationship of the Muslim jurisdictions with non – Muslim jurisdictions . As – Siyar wa s thus the result of a continuous process spread over centuries that was evolved out of the opinions of Muslim jurists who applied reasoning to interpret t he primary sources of Islamic law i.e. the Qur an and Sunnah for developing the corpus of As – Siyar . In this sense As – Siyar predates its western counter part by several centuries. As – Siyar was developed much earlier than the classical L aw of P eoples . The origins of As – Siyar can be traced back to the 7 th century while the European classical L aw of P eoples , is conventionally retraced to have developed, on the basis of the doctrines of the Catholic Church and Roman legal sources, from the Salamanca School in the early 16 th century onwards . As in the words of the Judge Bedjoui of the International Court of Justice the 7 th century . In various astonishing ways it nevertheless resona tes strongly to our own era. This reminder of the remote origin in time of a legal system enables one to measure the extent of what Islam introduced into a dimming mediaeval West. It will also enable us to realize the still vital relevance of this corpus j uris laid down . One can thus argue that there has been a lack of engagement by the western scholars with the history of Islamic international law .Due to Euro – centric approach they have failed to fully recognize the nurturing role of cross – cultural interactions and to engage sufficiently with the h istory of other legal traditions including the Islamic legal tradition . However o ne possible reason for this lack of engagement by the western scholars with the As – Siyar he . full justice to the seminal contribution made to the development of Islamic international law by 38 For further details see on Diplomatic Envoys: Al – Shaybani and Frick and A. Muller Islam and International Law: Engaging Self – Centrism from a Plurality of Perspectives (2013) 149.

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11 Shaybani. Khadurri focused on only one chapter of Kitab ul Asl Kitab al Siyar As Saghir and Kitab Al Siyar Al Kabir and claimed that the two treatises on Siyar have been lost. 39 Kitab al Siyar al Saghir by Mahmood Ahmad Ghazi entitled The Shorter Book of Mu slim International Law provides an in – principles of war and peace including the treatment of non – Muslims, distribution of war booty, dealing with rebel forces , truce, diplomatic relat ions, and peaceful settlements. 40 As – Siyar in the Eyes of Early 20 th Century and Contemporary Scholars T he concept of a n ation state as we understand and experience today did not exist in the 7th century Arabia and for a long time thereafter. Modern nation states, including Muslim jurisdictions have visibly different governance structures to that of the 7th century State of Medina. 41 T he use of the term As – Siyar as the is a much later development that became prominent among scholars d uring the early 20 th century . 42 Al – Ghunaymi provide d a definition of As – Siyar as collection of rulings observed or arrived at by Muslims in the early period that represent Islamic teachings an d are acceptable in the field of international relations . 43 Khad d uri As – Siyar , if taken to mean the Islamic law of nations, is but a chapter in the Islamic corpus juris , binding upon all who believed in Islam as well as upon those wh o sought to protect their interests in accordance with Islamic justice . 44 Whereas Hamidullah define d it as: that part of the law and custom of the land and treaty obligations which a Muslim de facto or de jure State observes in its dealings with other de facto or de jure States 45 international law and argues that Muslim International Law depends wholly and solely upon the will of the Muslim State, which in its turn is controlled by the Muslim Law ( Shar’iah ). 46 It derives its authority just as any other Muslim Law of the land . Muslim International Law is only that which is observed by a state which acknowledges Muslim law as the law of its land in its dealings with Mu slim and non – Muslim states. In other words Hamidullah considers that Muslim international law though part of Fiqh , derives its authority not from any foreign source, but from 39 For a comparative analysis of the two translations see in this edited collection a chapter by Jean Ellain Khadduri as Gatek eeper of the Islamic Law of Nations 40 41 Shaheen ,S.Ali (2016) Modern Challenges to Islamic Law, Cambridge University Press. 42 Since the second half of the 20 th 43 M. al – Ghunaymi, al – – – Umam, 37 44 M. Kha d duri, The Islamic Law of Nations: Shay bani’s As – Siyar (1966), 66 45 M. Hamidullah The Muslim Conduct of State , The Other Press 1961. Some excerpts from the book are also available online at 46 Ibid.,

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