View Full Version : What are the sources of Islamic international law? Discuss briefly

12-12-2011, 01:12 AM
Muslim international law
Q. What are the sources of Islamic international law? Discuss briefly. (1995)
Q. What are the objects and aims of international law under Islam. (1994)
Q. Islam has got unique international system discuss in detail. (2005/S)
1. Introduction
International law is the rulers of the conduct of different states in their mutual dealings. Islam has elaborated its own system of public international law. In the early days of Islam the term “Siyar” was used to signify the law relating to war, peace and neutrality and was taught as a part of Islamic fiqh in all the Muslim institutions. Later this branch of law was developed and polishes by Muslim lawyers and historians and made it an independent subject.
2. Meaning of Muslim international law
“It may be defined as that part of law and custom of the land and treaty obligations which a Muslim de facts or de jure state observes in its dealings with other de jure states.
3. Scope of Muslim international law
It was the Muslim scholars who developed a science of international law and divorcing it from political science and general law and made it an independent subject. In the beginning the Islamic law of nations was law which governed the conduct of war and divisions of booty, but later this concept was used in the broader sense which include in its ambit peaceful relations, making of treaties and movement of people from one state to another for commercial purposes etc.
4. Objects and aims of Muslim international
Following are the main objects of Muslim international law.
(i) The main object of Islam is the world Govt. according to the norms of Islamic justice. So as to remove all causes of international friction and wars. Each country would be free to pursue its national aims and would have complete autonomy in local affairs, and yet would be a unit in a larger whole.
(ii) Muslim international law would aim at the justices possible conduct of the Muslim ruler in his international intercourse.
(iii) It is the duty of the Islam to deal with the legal problems between Muslims and non-Muslims under international law.
(iv) The main object of Islam is to procure peace instead of war except the religious one i. e. for the protection of religion, that is way from the very outset, Islam entered into peaceful treaties with its neighbouring states with a set of rules and practices.
5. Sources of Muslim international law
Following are the sources of Muslim international law.
(I) Quran
Like the ordinary laws of the land, Quran is also the primary source of Muslim international law.
Quran says:
“Mankind were one community Allah sent unto them prophets as bearers of good things and as warners. (2: 213)
(II) Sunnah
Sunnah is the second source of Muslim international law all the deeds and sayings of Holy Prophet (Peace be Upon Him) is binding on Muslim community.
Holy Prophet (Peace be Upon Him)
“Take heed of the recommendation to treat the prisoners fairly.”
(III) Ijma
ijma or consensus of opinion of Muslim jurists to a particular point of international law is binding on Muslims.
(IV) Opinion of jurists
The opinion of Muslim jurists on different propositions of international law are also regarded as source of Muslim international law. These individual opinions may be found in judicial decisions or some work on siyar or fiqh etc.
(V) Custom and usages
Custom and usages of the pre-Islamic Arabic are adopted by Islam which are reasonable and just and those customs and usages are source of Muslim international law.
(VI) Practice of Khulfa-E-Rashideen
The practices of the Khulfe-e-Rashideen in their conduct with others states, which were according to the spirit of Islam is also a source of Muslim international law.
(VII) Official instructions
Official instructions to generals ambassadors, delegates and representatives by the state are also regarded as sources of Islamic international law.
(VIII) Practices of Muslim rulers
Practice of Muslim rulers is also an important source of Muslim international law. Many renowned Muslim rulers have left many a useful precedents, the importance of which cannot be ignored.
6. Conclusion
To conclude, I can say that the Islam rendered a great service to the world with respect to the introduction of internationalism and humanism. Muslim international depends wholly and solely upon the will of the Muslim state. It derives its authority just as any other Muslim law of the land.