Kardan Journal of Social Sciences & Humanities
Mr. Zahid Jalaly
Volume 1 Issue 1 | Jun 2018
Views: 195Download PDF
Modern scholars generally initiate history of almost all of the social sciences related discourses with the ancient Greeks and the Romans and then jump to the modern era, thus other nations and civilizations are overlooked. The same happens with the international law discourse. Scholars of international law trace back the modern law of nations to the ancient Greeks and the Romans, while they both had no proper international law. On the other hand, Islamic Law of Nations-which is a rich source of a proper international law- is omitted. The present paper explores definition, early development and sources of Muslim International Law in which it argues that Islamic International Law was developed as a separate branch of law by eighth-century Muslim jurists. It similarly explains the nature of the science of Siyar, in which, it explores the vital characteristics of Islamic Law of Nations, which international law lacks, such as divinity, justice and stability. Then, this paper discusses the reality of bifurcation of the world into Dar al-Islam as well as Dar al-Harb and its relations with the theory of perpetual war, in which it contends that it is merely for the purpose of defining jurisdiction. Finally, for those who are interested in further studying the subject, the paper provides a general literature review.