Mr. Zahid Jalaly

Volume 2 Issue 1 | Jun 2019

DOI: 10.31841/KJSSH.2021.23

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Abstract

Some Orientalists claim that Islamic law is a copy of Roman law or even that it is Roman law in an Islamic veil. This paper attempts to study international law of Islam and compare it with the international law notions of Roman law. It first evaluates claims of the Orientalists about the Islamic law in general and then compares International law of Islam with the Roman notions of international law. It concludes that, at least in the case of international law, Islamic law is not influenced by Roman Law because development, sources, literature or discourse related to and topics of siyar are distinct than the Roman jus gentium and jus fetiale. This indicates that siyar developed in a very different atmosphere and independently through reasoning of Muslim jurists and hence the two systems are independent of each other.