Islamic International Law (Book)

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In the third volume of Political Jurisprudence, the author presents three main approaches in Islamic international law.

# The three-phase plan of Islam for a unified global system: In the first section of the book, ʿAmīd Zanjānī critiques current international law perspectives and discusses Islam's three-phase approach to establishing a unified global system and an ideal Islamic system. He asserts that the theory of a global community of a unified ummah, framed within the political system of Imamate, does not imply the negation of nations or the destruction of states. Furthermore, the path to achieving this ideal system is not solely through jihad, as this method does not align with the essence of Islam, the political principles of the Quran, or the practices of the Prophet and the Imams. Consequently, Islam adopts a pragmatic view of global issues and outlines three phases for the establishment of an Islamic global system. a) Establishing international communications and adhering to a just international legal system

# The three-phase plan of Islam for a unified global system: In the first section of the book, ʿAmīd Zanjānī critiques current international law perspectives and discusses Islam's three-phase approach to establishing a unified global system and an ideal Islamic system. He asserts that the theory of a global community of a unified ummah, framed within the political system of Imamate, does not imply the negation of nations or the destruction of states. Furthermore, the path to achieving this ideal system is not solely through jihad, as this method does not align with the essence of Islam, the political principles of the Quran, or the practices of the Prophet and the Imams. Consequently, Islam adopts a pragmatic view of global issues and outlines three phases for the establishment of an Islamic global system. a) Establishing international communications and adhering to a just international legal system.b) Utilizing two strategies of invitation to Islam and jihad to raise awareness and liberate nations while dismantling colonialism.c) Progressing towards unity in belief and ideals, ultimately realizing the concept of a unified global community in the long term through Imamate harmonious with Ummah (pp. 71-73).

b) Utilizing two strategies of invitation to Islam and jihad to raise awareness and liberate nations while dismantling colonialism

c) Progressing towards unity in belief and ideals, ultimately realizing the concept of a unified global community in the long term through Imamate harmonious with Ummah (pp. 71-73).

# The distinction between Islam and Marxism in establishing a global government: Elucidating the foundation of Islamic international law and comparing Islam and Marxism, the author asserts that both schools eliminate the separation between nations and states, yet their approaches to creating a unified global government differ. Islam's framework is founded on the principles of freedom, dignity, and individual choice, addressing both individuals and communities, whereas Marxism focuses solely on society, employing coercive and dictatorial methods. Furthermore, the concept of piety in Islam is not individualistic and transcends racial, familial, class, geographical, and other privileges, emphasizing that the primary objective of all Islamic legal regulations—whether individual, social, or international—is the enhancement of humanity, making piety an indispensable principle in all contexts (pp. 82-83).

# Sheikh Ṭūsī, the pioneer of compiling comparative international jurisprudence: Here, the author of the book identifies Salman Farsi as the first Shia author on Islamic international relations, who documented the cultural-political relationship between the Prophet of Islam and the Roman Emperor in his work "Hadith al- Jathālīq al-Rūmī." Furthermore, he notes that during Sheikh Sheikh Ṭūsī 's era (995-1067) and the flourishing of Shia jurisprudence, his two works, Al- Khilāf and Al- Mabsūṭ, initiated a transformation and marked the beginning of political jurisprudence and Islamic international law through a comparative analysis of legal opinions, particularly with the chapters on "Al-Siyar" and "Al-Jizyah" in Al-Khilaf and the chapter on "Al-Jihad and the practice of the Imam" in Al- Mabsūṭ (pp. 101-102).

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==The classification of nations in Islamic jurisprudence (fiqh)==

In his discussion of the components that constitute a nation, ʿAmīd Zanjānī considers Ummah (the community of believers) as the advanced form of the nation (p. 199). After examining elements such as ideology, faith, national unity, and nationality based on nationalism, he proposes 15 jurisprudential classifications of nations.

# A community that is entirely Muslim: The Islamic Ummah.

# Migrants to Islamic territories.

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# Insurgents who rebel against the government with the aim of overthrowing the Islamic system: Rebels.

# Groups that resist the implementation of Islamic laws and turn away from the faith: Apostates.

In discussing the political geography of the Islamic world, the author revisits the jurisprudential rulings concerning thirteen non-Islamic territories: Dar al-Harb, Dar al-Dhimmah, Dar al-Ahd, Dar al- Amān, Dar al-Hudnah, Dar al-Hiyad (Abstention), Dar al-Muwada'ah, Dar al-Sulh, Dar al-Hijrah, Dar al-Istida'af, Dar al-Baghy, and Dar al-Riddah (pp. 257-340).

==Five hundred verses concerning the land, yet there is a lack of a single jurisprudential reference!==

The author of the book expresses surprise at the fact that the term «ارض» (land) appears 500 times in the Quran, yet none of the Islamic jurists have referenced any Quranic verse to substantiate the right of ownership and property (pp. 221-222). He categorizes the allocation of land to individuals, both as a legal and symbolic concept, into three types: private lands, public lands (such as those occupied by Muslims through war or peace), and state lands (like the properties of the state and unclaimed lands), as well as the territory or domain of governance. ʿAmīd Zanjānī cites verses that attribute land to nations, which, while not indicating ownership, suggest a form of allocation with legal implications. He also refers to certain verses containing the words «دار» (home) or «دیار» (habitat) and provides explanations for them (p. 224). Furthermore, Islamic jurists classify homeland into three main categories: the birthplace (original homeland), customary (place of residence), and legal (settlement), although some of them do not recognize a legal homeland (pp. 226-227).

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==Peace with the Dar al-Kufr (the abode of disbelief) the default principle, or is it war and jihad?==

The author dedicates the fourth and final section of the book to the foundations and principles of peace and security, elaborating on legal and Islamic discussions in detail (approximately 100 pages). He argues that peace and war, as established in international positive law, represent the foremost issue, and similarly, in Islam, they form the basis of political and foreign jurisprudence. Some Islamic jurists believe that peace is the default state, rather than war. Consequently, in ambiguous situations, the principle of peace prevails. He further examines several theories related to this discussion:

# The perspective of Orientalists suggests that jihad is the primary relationship between Dar al-Islam and the outside world.

# Jihad is considered a voluntary and commendable act.

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# Jihad is regarded as obsolete.

# It is positioned as a third stage following conversion to Islam or the establishment of a covenant.

[[fa:حقوق بین‌الملل اسلام (کتاب)]]

[[category: book review]]

[[category: books by abbas ali amid zanjani]]

[[Category:Books on Political Jurisprudence]]

@@ Line 58: / Line 58: @@
 In the third volume of Political Jurisprudence, the author presents three main approaches in Islamic international law.
 {{column|2}}
-# The three-phase plan of Islam for a unified global system: In the first section of the book, ʿAmīd Zanjānī critiques current international law perspectives and discusses Islam's three-phase approach to establishing a unified global system and an ideal Islamic system. He asserts that the theory of a global community of a unified ummah, framed within the political system of Imamate, does not imply the negation of nations or the destruction of states. Furthermore, the path to achieving this ideal system is not solely through jihad, as this method does not align with the essence of Islam, the political principles of the Quran, or the practices of the Prophet and the Imams. Consequently, Islam adopts a pragmatic view of global issues and outlines three phases for the establishment of an Islamic global system. a)	Establishing international communications and adhering to a just international legal system
+# The three-phase plan of Islam for a unified global system: In the first section of the book, ʿAmīd Zanjānī critiques current international law perspectives and discusses Islam's three-phase approach to establishing a unified global system and an ideal Islamic system. He asserts that the theory of a global community of a unified ummah, framed within the political system of Imamate, does not imply the negation of nations or the destruction of states. Furthermore, the path to achieving this ideal system is not solely through jihad, as this method does not align with the essence of Islam, the political principles of the Quran, or the practices of the Prophet and the Imams. Consequently, Islam adopts a pragmatic view of global issues and outlines three phases for the establishment of an Islamic global system. a)	Establishing international communications and adhering to a just international legal system.b)	Utilizing two strategies of invitation to Islam and jihad to raise awareness and liberate nations while dismantling colonialism.c)	Progressing towards unity in belief and ideals, ultimately realizing the concept of a unified global community in the long term through Imamate harmonious with Ummah (pp. 71-73).
-b)	Utilizing two strategies of invitation to Islam and jihad to raise awareness and liberate nations while dismantling colonialism
-c)	Progressing towards unity in belief and ideals, ultimately realizing the concept of a unified global community in the long term through Imamate harmonious with Ummah (pp. 71-73).
 # The distinction between Islam and Marxism in establishing a global government: Elucidating the foundation of Islamic international law and comparing Islam and Marxism, the author asserts that both schools eliminate the separation between nations and states, yet their approaches to creating a unified global government differ. Islam's framework is founded on the principles of freedom, dignity, and individual choice, addressing both individuals and communities, whereas Marxism focuses solely on society, employing coercive and dictatorial methods. Furthermore, the concept of piety in Islam is not individualistic and transcends racial, familial, class, geographical, and other privileges, emphasizing that the primary objective of all Islamic legal regulations—whether individual, social, or international—is the enhancement of humanity, making piety an indispensable principle in all contexts (pp. 82-83).
 # Sheikh Ṭūsī, the pioneer of compiling comparative international jurisprudence: Here, the author of the book identifies Salman Farsi as the first Shia author on Islamic international relations, who documented the cultural-political relationship between the Prophet of Islam and the Roman Emperor in his work "Hadith al- Jathālīq al-Rūmī." Furthermore, he notes that during Sheikh Sheikh Ṭūsī 's era (995-1067) and the flourishing of Shia jurisprudence, his two works, Al- Khilāf and Al- Mabsūṭ, initiated a transformation and marked the beginning of political jurisprudence and Islamic international law through a comparative analysis of legal opinions, particularly with the chapters on "Al-Siyar" and "Al-Jizyah" in Al-Khilaf and the chapter on "Al-Jihad and the practice of the Imam" in Al- Mabsūṭ (pp. 101-102).
@@ Line 84: / Line 82: @@
 ==The classification of nations in Islamic jurisprudence (fiqh)==
 In his discussion of the components that constitute a nation, ʿAmīd Zanjānī considers Ummah (the community of believers) as the advanced form of the nation (p. 199). After examining elements such as ideology, faith, national unity, and nationality based on nationalism, he proposes 15 jurisprudential classifications of nations.
+{{column|2}}
 # A community that is entirely Muslim: The Islamic Ummah.
 # Migrants to Islamic territories.
@@ Line 99: / Line 98: @@
 #  Insurgents who rebel against the government with the aim of overthrowing the Islamic system: Rebels.
 # Groups that resist the implementation of Islamic laws and turn away from the faith: Apostates.
+{{end}}
 In discussing the political geography of the Islamic world, the author revisits the jurisprudential rulings concerning thirteen non-Islamic territories:  Dar al-Harb, Dar al-Dhimmah, Dar al-Ahd, Dar al- Amān, Dar al-Hudnah, Dar al-Hiyad (Abstention), Dar al-Muwada'ah, Dar al-Sulh, Dar al-Hijrah, Dar al-Istida'af, Dar al-Baghy, and Dar al-Riddah (pp. 257-340).
 ==Five hundred verses concerning the land, yet there is a lack of a single jurisprudential reference!==
 The author of the book expresses surprise at the fact that the term «ارض» (land) appears 500 times in the Quran, yet none of the Islamic jurists have referenced any Quranic verse to substantiate the right of ownership and property (pp. 221-222). He categorizes the allocation of land to individuals, both as a legal and symbolic concept, into three types: private lands, public lands (such as those occupied by Muslims through war or peace), and state lands (like the properties of the state and unclaimed lands), as well as the territory or domain of governance. ʿAmīd Zanjānī cites verses that attribute land to nations, which, while not indicating ownership, suggest a form of allocation with legal implications. He also refers to certain verses containing the words «دار» (home) or «دیار» (habitat) and provides explanations for them (p. 224). Furthermore, Islamic jurists classify homeland into three main categories: the birthplace (original homeland), customary (place of residence), and legal (settlement), although some of them do not recognize a legal homeland (pp. 226-227).
@@ Line 108: / Line 109: @@
 ==Peace with the Dar al-Kufr (the abode of disbelief) the default principle, or is it war and jihad?==
 The author dedicates the fourth and final section of the book to the foundations and principles of peace and security, elaborating on legal and Islamic discussions in detail (approximately 100 pages). He argues that peace and war, as established in international positive law, represent the foremost issue, and similarly, in Islam, they form the basis of political and foreign jurisprudence. Some Islamic jurists believe that peace is the default state, rather than war. Consequently, in ambiguous situations, the principle of peace prevails. He further examines several theories related to this discussion:
+{{column|2}}
 # The perspective of Orientalists suggests that jihad is the primary relationship between Dar al-Islam and the outside world.
 # Jihad is considered a voluntary and commendable act.
@@ Line 113: / Line 115: @@
 # Jihad is regarded as obsolete.
 # It is positioned as a third stage following conversion to Islam or the establishment of a covenant.
+{{end}}
 [[fa:حقوق بین‌الملل اسلام (کتاب)]]
 [[category: book review]]
 [[category: books by abbas ali amid zanjani]]
 [[Category:Books on Political Jurisprudence]]

Islamic International Law (Book): Difference between revisions