The Muslim Conception of International Law and the Western Approach

  • Mohammad Talaat Al Ghunaimi

Table of contents

  1. Front Matter
    Pages I-XV
  2. Introduction

    1. Mohammad Talaat Al Ghunaimi
      Pages 1-6
  3. Historical Background

    1. Front Matter
      Pages 7-7
    2. Mohammad Talaat Al Ghunaimi
      Pages 9-19
    3. Mohammad Talaat Al Ghunaimi
      Pages 20-86
  4. Muslim Legal Legacy

    1. Front Matter
      Pages 87-87
    2. Mohammad Talaat Al Ghunaimi
      Pages 89-105
    3. Mohammad Talaat Al Ghunaimi
      Pages 106-122
    4. Mohammad Talaat Al Ghunaimi
      Pages 123-130
  5. The Muslim Conception of International Law

    1. Front Matter
      Pages 131-131
    2. Mohammad Talaat Al Ghunaimi
      Pages 133-134
    3. Mohammad Talaat Al Ghunaimi
      Pages 135-161
    4. Mohammad Talaat Al Ghunaimi
      Pages 162-191
    5. Mohammad Talaat Al Ghunaimi
      Pages 192-219
  6. Epilogue

    1. Mohammad Talaat Al Ghunaimi
      Pages 220-223
  7. Back Matter
    Pages 224-228

About this book

Introduction

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.

Keywords

Ordre public human rights international law

Authors and affiliations

  • Mohammad Talaat Al Ghunaimi
    • 1
  1. 1.University of Alexandria, U.A.R.Egypt

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-011-9508-9
  • Copyright Information Springer Science + Business Media B.V. 1968
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-94-011-8692-6
  • Online ISBN 978-94-011-9508-9
  • About this book