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
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.
Islam means "peace" and "submission to God." With its ethical system of instruction for a balanced life based on faith and reason, how did this "religion of peace" come to be feared? After the 9/11 tragedy, Islam was judged by many in the West to be a hub of terrorism and a threat to world peace. People everywhere voiced concern over its concepts of war and Jihad. Ashraf traces these and related concepts from their inception in Qur'anic injunctions and the Prophet's precepts to their current interpretation, evaluating them in their spiritual, moral, juridical, and cultural contexts. Misunderstandings about Islam lie at the core of much bitterness and violence. With no central authority to definitively interpret its teachings, misconceptions regarding Islam's ideology of war and peace abound. To label Islam as militant is to misinterpret jihad as simply a call to war and to ignore its laws governing warfare, which emphasize restraint as far as possible. Islamic Philosophy of War and Peace explains the spirit of Islam, its mandate for peace, and what the pluralistic notion of jihad stands for in the hope that clearing up ambiguities will foster peaceful relations between Muslims and the rest of the world.
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
In the days when Islam came into focus the world was completely unaware of the concept of humane and decent rules of war. The West became conscious of this concept for the first time through the works of the seventeenth century thinker, Grotius. But the actual codification of the 'international law' in war began in the middle of the nineteenth century. Prior to this no concept of civilized behaviour in war was found in the West. All forms of barbarity and savagery were perpetrated in war, and the rights of those at war were not even recognized, let alone respected. The laws which were framed in this field during the nineteenth century or over the following period up to the present day cannot be called 'laws' in the real sense of the word. They are only in the nature of conventions and agreements and calling them 'international law' is actually a kind of misnomer, because no nation regards them binding when they are at war, unless, of course, when the adversaries also agree to abide by them. In other words, these civilized laws imply that if our enemies respect them then we shall also abide by them, and if they ignore these human conventions and take recourse to barbaric and cruel ways of waging war, then we shall also adopt the same or similar techniques. It is obvious that such a course which depends on mutual acceptance and agreement cannot be called 'law'. And this is the reason why the provisions of this so-called 'inter- national law' have been flouted and ignored in every way, and every time they have been revised, additions or deletions have been made in them. The rules which have been framed by Islam to make war civilized and humane, are in the nature of law, because they are the injunctions of God and His Prophet which are followed by Muslims in all circumstances, irrespective of the behaviour of the enemy. It is now for the scholars to find out how far the West has availed of the laws of war given by Islam thirteen hundred years ago; and even after the adaptation of some of the laws of Islam how far the West attained those heights of civilized and humane methods of warfare which Muslims reached through the blessings of Islam.
Historical and Theoretical Perspectives on War and Peace in Western and Islamic Traditions
Author: John Kelsay,James Turner Johnson
Publisher: Greenwood Publishing Group
"This collection of papers on the roots of just or `holy' war in Western (Christian) and Islamic cultures, along with its companion volume, Cross, Crescent, and Sword: The Justification and Limitation of War in Western and Islamic Tradition (Greenwood, 1990), emanated from conferences held at Rutgers University. . . . Scholars in the fields of Western thought and the just war tradition as well as scholars from the area of Islamic studies were brought together to develop theoretical issues and further cross-discipline understanding. The chapters emphasize the historical and comparative approach to the study of the foundations, justifications, conduct, and aims of war in the two traditions. Intended for the scholarly or well-informed audience, this is recommended for research libraries." Library Journal
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.
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It gives me great pleasure to write a foreword to :\1r. Sen's excellent book, and for two reasons in particular. In the first place, in producing it, Mr. Sen has done something vvhich I have long felt needed to be done, and which I at one time had am bitions to do myself. \Vhen, over thirty years ago, and after some years of practice at the Bar, I first entered the legal side of the British Foreign Service, I had not been working for long in the Foreign Office before I conceived the idea of writing - or at any rate compiling - a book to which (in my own mind) I gave the title of "A ~fanual of Foreign Office Law. " This work, had I ever produced it in the form in which I visualised it, could probably not have been published con sistently with the requirements of official discretion. But this did not worry me as I was only contemplating something for private circulation within the Service and in Government circles. :Mr. Sen's aim has been broader and more public-spirited than mine was; but its basis is essentially the same.
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.
Majid Khadduri, one of the world's preeminent authorities on Islamic justice and jurisprudence, presents his extensive study and reflection on Islamic political, legal, ethical, and social philosophy. This book is both a magisterial historical synthesis and an illumination of the beliefs and practices of modern Islam. (World Religion)
The traditional doctrine of Islamic law in regard to international re lations is well known. The Shari'a includes many excellent provisions about declarations of war, treaties of peace, armistices, diplomatic envoys, negotiations and guarantees of safe conduct. But the fact remains that it divides the world, broadly speaking, into the "Abode of Islam" and the "Abode of 'War," and that it envisages the continu ance of intermittent war between them until the latter is absorbed in the former. In the course of such fighting, and in the intervals in be tween, many civilities were to be meticulously observed; but prisoners of war could be killed, sold or enslaved at the discretion of the Muslim authorities, and the women of those who resisted the advance of Islam could be taken as slave-concubines, regardless of whether they were single or married. The "Abode of Islam" did not, indeed, consist ex clusively of Muslims, for those whose religion was based on a book accepted by Islam as originally inspired and in practice, indeed, those other religions too - were not forced to embrace Islam but only to accept Muslim rule. They were granted the status of dhimmis, were protected in their persons and their property, were allowed to follow their own religion in an unobtrusive fashion, and were accorded the position of essentially second-class citizens. They were also of course, perfectly free to embrace Islam; but for a Muslim to be converted to another faith involved the death penalty.
Richard A. Debs analyzes the classical Islamic law of property based on the Shari'ah, traces its historic development in Egypt, and describes its integration as a source of law within the modern format of a civil code. He focuses specifically on Egypt, a country in the Islamic world that drew upon its society's own vigorous legal system as it formed its modern laws. He also touches on issues that are common to all such societies that have adopted, either by choice or by necessity, Western legal systems. Egypt's unique synthesis of Western and traditional elements is the outcome of an effort to respond to national goals and requirements. Its traditional law, the Shari'ah, is the fundamental law of all Islamic societies, and Debs's analysis of Egypt's experience demonstrates how Islamic jurisprudence can be sophisticated, coherent, rational, and effective, developed over centuries to serve the needs of societies that flourished under the rule of law.
Das Mädchen, das dem Islamischen Staat entkam und gegen Gewalt und Versklavung kämpft
Author: Nadia Murad
Publisher: Knaur eBook
Category: Biography & Autobiography
Am 3. August 2014 endet das Leben, wie Nadia Murad es kannte. Truppen des IS überfallen ihr jesidisches Dorf Kocho im Norden Iraks. Sie töten die Älteren und verschleppen die Jüngeren. Kleine Jungen sollen als Soldaten ausgebildet werden. Die Mädchen werden verschleppt und als Sklavinnen verkauft. An diesem Tag verliert Nadia Murad 44 Angehörige. Für sie beginnt ein beispielloses Martyrium: Drei Monate ist sie in der Gewalt des IS, wird Opfer von Demütigung, Folter, Vergewaltigung. Nur mit Glück und unvorstellbarem Mut gelingt ihr die Flucht vor ihren Peinigern. Sie schafft es in ein Flüchtlingslager und kommt von dort aus nach Deutschland. Tausende andere junge Frauen befinden sich bis heute in der Gewalt des IS. Deren Stimme zu sein und sie zu befreien hat Nadia Murad sich zur Aufgabe gemacht. Heute kämpft sie dafür, dass das Verbrechen des IS als Völkermord anerkannt wird und die Verantwortlichen vor den Internationalen Strafgerichtshof gestellt werden. Die Vereinten Nationen ernannten Nadia Murad zur Sonderbotschafterin, darüber hinaus wurde sie für den Friedensnobelpreis nominiert und mit dem Vaclav-Havel-Preises für Menschenrecht ausgezeichnet. Nun erzählt sie ihre bewegende Geschichte.
Holy war, sanctioned or even commanded by God, is a common and recurring theme in the Hebrew Bible. Rabbinic Judaism, however, largely avoided discussion of holy war in the Talmud and related literatures for the simple reason that it became dangerous and self-destructive. Reuven Firestone's Holy War in Judaism is the first book to consider how the concept of ''holy war'' disappeared from Jewish thought for almost 2000 years, only to reemerge with renewed vigor in modern times. The revival of the holy war idea occurred with the rise of Zionism. As the necessity of organized Jewish engagement in military actions developed, Orthodox Jews faced a dilemma. There was great need for all to engage in combat for the survival of the infant state of Israel, but the Talmudic rabbis had virtually eliminated divine authorization for Jews to fight in Jewish armies. Once the notion of divinely sanctioned warring was revived, it became available to Jews who considered that the historical context justified more aggressive forms of warring. Among some Jews, divinely authorized war became associated not only with defense but also with a renewed kibbush or conquest, a term that became central to the discourse regarding war and peace and the lands conquered by the state of Israel in 1967. By the early 1980's, the rhetoric of holy war had entered the general political discourse of modern Israel. In Holy War in Judaism, Firestone identifies, analyzes, and explains the historical, conceptual, and intellectual processes that revived holy war ideas in modern Judaism.