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
Reprint of first and only edition. Originally published: Baltimore: Johns Hopkins Press, 1955. x, 321 pp. 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 on Islam. 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, including Law in the Middle East.
Al-Dawoody examines the justifications and regulations for going to war in both international and domestic armed conflicts under Islamic law. He studies the various kinds of use of force by both state and non-state actors in order to determine the nature of the Islamic law of war.
5 War and Peace in Shi'i Primary Narratives and Sources -- 6 Traditional Shi'i Ethics of War and Peace Untested: Jihad, Ideology, Revolution, and War -- 7 Postwar Revision and the Reconstruction of Modern Iranian-Shi'i Ethics of War and Peace -- 8 Terrorism and Shi'i Theologies of Martyrdom, Nonviolence, and Forgiveness -- 9 Diplomacy in between Nuclear Technology and Antibomb Theology -- Conclusion: Beyond a Minority Mentality: The Emerging Shi'i-Iranian Cosmopolitanism
The Origin and Development of Islamic Law. A committee from The Middle East Institute, led by George Camp Keiser, Chairman of the Board of Governors, enlisted outstanding authorities on Middle East law to contribute chapters on specific topics. Includes an extensive glossary of Islamic legal terms. With a foreword by Robert H. Jackson (Associate Justice, Supreme Court of the United States). 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, including War and Peace in the Law of Islam.Herbert J. Liebesny [1911-1985] was a member of the Advisory Board of the Middle East Journal and author of The Government of French North Africa and Foreign Legal Systems: A Comparative Analysis.
Author: Muḥammad ibn al-Ḥasan Shaybānī,Majid Khadduri
Publisher: JHU Press
From its origins Islam has been an expansionist religion, understanding itself as a matter of faith to be in a permanent state of war with the non-Muslim world. After the initial consolidation of the Islamic caliphate, however, it soon became apparent that constant military hostilities could not be sustained and that other forms of relationship with non-Muslim nations would be necessary. To reconcile the imperatives of faith with the limits of military power, Islamic scholars developed elaborate legal doctrines. In the second century of the Muslim era (eighth century C.E.), hundreds of years before the codification of international law in Europe by Grotius and others, Muhammad ibn al-Hasan al-Shaybani, an eminent jurist of the Hanafite school in present-day Iraq, wrote the first major Islamic treatise on the law of nations, Kitab al-Siyar al-Kabir. Translated with an extensive commentary by Majid Khadduri, Shaybani's Siyar describes in detail conditions for war (jihad) and for peace, principles for the conduct of military action and of diplomacy, and rules for the treatment of non-Muslims in Muslim lands. A foundational text of the leading school of law in Sunni Islam, it provides essential insights into relations between Islamic nations and the larger world from their earliest days up to the present.
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.
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
This book explores questions regarding the justice of war and addresses the lack of comparative perspectives on the ethics of war, particularly with respect to Islam. Focusing on the role of Islamic symbols in the rhetoric of Saddam Hussein, Kelsay provides an overview of the Islamic tradition regarding war and peace, and investigates the notion of religion as a just cause for war.
This book provides an introduction to Islamic law for western readers. It explains the origin and development of the Shariah (Islamic law). It contains updated chapters on the Islamic laws of War and Peace, including juristic opinions on the legality of suicide bombing and the use of modern weapons of mass destruction. It explains the commonalities and the differences in family laws, and the differences in Muslim opinion concerning the status of women. It contains a completely rewritten chapter on Islamic finance and rounds off with a look at Muslim communities in Australia and the way they live their lives.
‘Ideologies need enemies to thrive, religion does not’. Using the Sahel as a source of five comparative case studies, this volume aims to engage in the painstaking task of disentangling Islam from the political ideologies that have issued from its theologies to fight for governmental power and the transformation of society. While these ideologies tap into sources of religious legitimacy, the author shows that they are fundamentally secular or temporal enterprises, defined by confrontation with other political ideologies–both progressive and liberal–within the arena of nation states. Their objectives are the same as these other ideologies, i.e., to harness political power for changing national societies, and they resort to various methods of persuasion, until they break down into violence. The two driving questions of the book are, whence come these ideologies, and why do they–sometimes–result in violence? Ideologies of Salafi radicalism are at work in the five countries of the Sahel region, Burkina Faso, Mali, Niger, (Northern) Nigeria and Senegal, but violence has broken out only in Mali and Northern Nigeria. Using a theoretical framework of ideological development and methods of historical analysis, Idrissa traces the emergence of Salafi radicalism in each of these countries as a spark ignited by the shock between concurrent processes of Islamization and colonization in the 1940s. However, while the spark eventually ignited a blaze in Mali and Nigeria, it has only led to milder political heat in Niger and Senegal and has had no burning effect at all in Burkina Faso. By meticulously examining the development of Salafi radicalism ideologies over time in connection with developments in national politics in each of the countries, Idrissa arrives at compelling conclusions about these divergent outcomes. Given the many similarities between the countries studied, these divergences show, in particular, that history, the behaviour of state leaders and national sociologies matter–against assumptions of ‘natural’ contradictions between religion (Islam) and secularism or democracy. This volume offers a new perspective in discussions on ideology, which remains–as is shown here–the independent variable of many key contemporary political processes, either hidden in plain sight or disguised in a religious garb.
Discover how the United States can beat China, Russia, Iran, and ISIS in the coming information-technology wars from the New York Times bestselling author and veteran Washington Times columnist Bill Gertz. America is at war, but most of its citizens don’t realize it. Covert information warfare is being waged by world powers, rogue states—such as Russia, China, Iran, and North Korea—and even terrorist groups like ISIS. This conflict has been designed to defeat and ultimately destroy the United States. This new type of warfare is part of the Information Age that has come to dominate our lives. In iWar, Bill Gertz describes how technology has completely revolutionized modern warfare, how the Obama administration failed to meet this challenge, and what we can and must do to catch up and triumph over this timely and important struggle.