Kitab Al-Siyar Al-Saghir [The Shorter Book on Muslim International Law]

A foundational text in Islamic jurisprudence, Kitāb al-Siyar al-Ṣaghīr (The Shorter Book on International Law) represents one of humanity's earliest systematic treatments of international legal principles. Written by the distinguished Ḥanafī jurist Muhammad ibn al-Ḥasan al-Shaybānī in the late eighth century CE, this work codifies Islamic legal doctrines governing relations between the Muslim community and other political entities—making it arguably the first independent treatise on international law in recorded history, predating Grotius by eight centuries.

Al-Shaybānī, a preeminent disciple of Imām Abū Hanīfah, systematized the legal opinions of his teacher into this concise yet comprehensive manual. The text addresses fundamental questions of statecraft: the conduct of warfare and treatment of combatants and non-combatants, diplomatic relations and treaty obligations, the rights of foreign nationals and prisoners of war, property rights across territorial boundaries, taxation systems, and the legal status of diverse communities within and beyond Islamic governance. These rulings emerged from careful analysis of Qur'anic principles and Prophetic precedent, establishing normative frameworks that influenced Islamic legal thought for subsequent centuries.

This English translation by Dr. Mahmood Ahmad Ghazi, distinguished scholar and former Pakistani Minister of Religious Affairs, makes al-Shaybānī’s pioneering work accessible to contemporary readers. Dr. Ghazi’s authoritative rendering preserves the analytical rigor of the original Arabic while providing essential scholarly apparatus including detailed footnotes explaining technical terminology, historical context for legal rulings, and an illuminating introduction that positions the work within the development of Islamic legal science and comparative international law. His editorial work involved meticulous comparison of multiple manuscript sources across Istanbul libraries to establish an authentic Arabic text before undertaking the translation.

The text demonstrates sophisticated legal reasoning characteristic of classical Islamic jurisprudence. Al-Shaybānī employs the case method, examining hypothetical variations to establish comprehensive principles applicable across diverse circumstances. His discussions encompass the concept of territorial jurisdiction (dār), the classification of persons according to their relationship with Islamic political authority, detailed rules for diplomatic immunity and safe conduct, provisions for peaceful coexistence with non-Muslim communities, regulations concerning military conduct including prohibitions on certain forms of warfare, and intricate questions of private international law including cross-border marriages, inheritance, and commercial transactions.

This volume includes forewords by Dr. Zafar Ishaq Ansari, former Director of the Islamic Research Institute in Islamabad, and the translator's own preface situating the work within contemporary discussions of Islamic legal revival. The extensive introduction examines the historical development of Siyar as an independent legal discipline, al-Shaybānī’s biographical background and scholarly contributions, the relationship between this concise work and his expanded treatise al-Siyar al-Kabīr, and the subsequent influence of al-Shaybānī’s formulations on Islamic international law discourse. A comprehensive bibliography provides resources for further research in classical and modern treatments of the subject.

Essential reading for scholars of Islamic law, comparative legal history, and the intellectual foundations of international relations, this text reveals how Islamic civilization developed sophisticated frameworks for interstate relations grounded in ethical principles and legal reasoning. The work demonstrates that questions of just war theory, diplomatic protocol, humanitarian constraints on warfare, and peaceful coexistence among diverse communities engaged Muslim jurists from the formative centuries of Islamic civilization. Its continued relevance lies not merely in historical interest but in offering alternative paradigms for conceptualizing international order beyond Westphalian models.

Dr. Ghazi dedicates this work to Dr. Muhammad Hamidullah, the twentieth-century scholar who recodified Islamic international law for modern contexts, drawing a parallel between Hamidullah’s contributions and those of al-Shaybānī himself. This translation appears as part of the Hundred Great Works of Islamic Civilization series, initiated by Pakistan's National Hijrah Council and continued by the Islamic Research Institute of the International Islamic University, Islamabad. The series aims to make classical Islamic scholarship available in English translation, contributing to global understanding of Islamic intellectual traditions and their relevance to contemporary challenges.

© 2025 Qadeem Press (E-bog): 9789366082417

Oversættere: Mahmood Ahmad Ghazi

Udgivelsesdato

E-bog: 25. november 2025