Islamic International Law (Book): Difference between revisions

==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.

#  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).

==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.

# 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]]