Islamic International Law (Book): Difference between revisions
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'''Islamic International Law''' (in persian: [https://ency.feqhemoaser.com/fa/view/%D8%AD%D9%82%D9%88%D9%82_%D8%A8%DB%8C%D9%86%E2%80%8C%D8%A7%D9%84%D9%85%D9%84%D9%84_%D8%A7%D8%B3%D9%84%D8%A7%D9%85_(%DA%A9%D8%AA%D8%A7%D8%A8) حقوق بینالملل اسلام]), is the third volume of the [[Ten-volume series "Political Jurisprudence"|ten-volume series "Political Jurisprudence"]] by Abasali Amid Zanjani. It critiques both Western and Eastern international legal systems while proposing an Islamic alternative. The book addresses ongoing debates in Islamic jurisprudence and law, such as the role of reason and custom in international law, the system of Imamate and the concept of a unified global community, the historical perspective of Islam concerning international legal norms and principles, the legal and jurisprudential definitions of homeland, country, and state, the jurisprudential classification of Islamic states and territories, the significance and authority of Muslim rulers' opinions, the independence and sovereignty of Muslim states, and the relationship between the Islamic world and the world of disbelief in the context of peace or conflict. | '''Islamic International Law''' (in persian: [https://ency.feqhemoaser.com/fa/view/%D8%AD%D9%82%D9%88%D9%82_%D8%A8%DB%8C%D9%86%E2%80%8C%D8%A7%D9%84%D9%85%D9%84%D9%84_%D8%A7%D8%B3%D9%84%D8%A7%D9%85_(%DA%A9%D8%AA%D8%A7%D8%A8) حقوق بینالملل اسلام]), is the third volume of the [[Ten-volume series "Political Jurisprudence"|ten-volume series "Political Jurisprudence"]] by [[Abbasali Amid Zanjani|Abasali Amid Zanjani]]. It critiques both Western and Eastern international legal systems while proposing an Islamic alternative. The book addresses ongoing debates in Islamic jurisprudence and law, such as the role of reason and custom in international law, the system of Imamate and the concept of a unified global community, the historical perspective of Islam concerning international legal norms and principles, the legal and jurisprudential definitions of homeland, country, and state, the jurisprudential classification of Islamic states and territories, the significance and authority of Muslim rulers' opinions, the independence and sovereignty of Muslim states, and the relationship between the Islamic world and the world of disbelief in the context of peace or conflict. | ||
==Significance of the book== | ==Significance of the book== | ||
Each volume of the ten-volume series "Political Jurisprudence," authored by contemporary jurist Abāsalī ʿAmīd Zanjānī (1937-2011), encompasses a significant theme. The third volume specifically addresses Islamic international law, highlighting its importance as it critiques both Western and Eastern international legal systems from a legal and jurisprudential perspective. It presents an Islamic framework regarding international law and the establishment of a unified global community. Additionally, it provides a historical account of Islamic international law from the era of Prophethood to the present day, discussing in detail legal and jurisprudential issues related to homeland, nation, state, and the jurisprudential classification of nations, the distinction between Dar al-Islam and Dar al-Kufr, independence in governance and Islamic sovereignty, and the relationship between the Islamic world and the world of disbelief based on peace and security or jihad and warfare. | Each volume of the ten-volume series "Political Jurisprudence," authored by contemporary jurist Abāsalī ʿAmīd Zanjānī (1937-2011), encompasses a significant theme. The third volume specifically addresses Islamic international law, highlighting its importance as it critiques both Western and Eastern international legal systems from a legal and jurisprudential perspective. It presents an Islamic framework regarding international law and the establishment of a unified global community. Additionally, it provides a historical account of Islamic international law from the era of Prophethood to the present day, discussing in detail legal and jurisprudential issues related to homeland, nation, state, and the jurisprudential classification of nations, the distinction between Dar al-Islam and Dar al-Kufr, independence in governance and Islamic sovereignty, and the relationship between the Islamic world and the world of disbelief based on peace and security or jihad and warfare. | ||
===The author=== | ===The author=== | ||
Amīd Zanjani (1937 - 2011) the author of the book, was a mujtihid, university professor, and political science researcher. He studied in the religious seminaries of Qom and Najaf under prominent scholars such as [[Seyyed Hossein Burujerdi]], [[Seyyed Ruhollah Khomeini]], [[Seyyed Abul-Qasem Khoei]], and [[Seyyed Mohsen hakim]]. The ten-volume series on political jurisprudence, is his well-known work in political jurisprudence, which has been reprinted multiple times. He also had experience in the political arena, having served as a representative in the Islamic Consultative Assembly and the Assembly of Experts. | Amīd Zanjani (1937 - 2011) the author of the book, was a mujtihid, university professor, and political science researcher. He studied in the religious seminaries of Qom and Najaf under prominent scholars such as [[Seyyed Hossein Burujerdi]], [[Sayyid Ruhollah Musavi Khomeini|Seyyed Ruhollah Khomeini]], [[Seyyed Abul-Qasem Khoei]], and [[Seyyed Mohsen hakim]]. The ten-volume series on political jurisprudence, is his well-known work in political jurisprudence, which has been reprinted multiple times. He also had experience in the political arena, having served as a representative in the Islamic Consultative Assembly and the Assembly of Experts. | ||
==The thematic structure of the book== | ==The thematic structure of the book== | ||
The book was published in 1998 by Amir Kabir Publishing in Tehran. This work consists of four sections, with the first section dedicated to international law perspectives, critiquing the international legal system, and presenting a three-stage Islamic framework regarding international law and the establishment of a unified global community. | The book was published in 1998 by Amir Kabir Publishing in Tehran. This work consists of four sections, with the first section dedicated to international law perspectives, critiquing the international legal system, and presenting a three-stage Islamic framework regarding international law and the establishment of a unified global community. | ||
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==Jurisprudential approach of the book== | ==Jurisprudential approach of the book== | ||
In the third volume of Political Jurisprudence, the author presents three main approaches in Islamic international law. | 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. | {{column|2}} | ||
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). | # 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). | # 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 Western understanding of international jurisprudence through Oriental studies== | ==The Western understanding of international jurisprudence through Oriental studies== | ||
Oriental and Islamic studies by Western historians, sociologists, legal scholars, and philosophers have led to their understanding of Islamic international law. ʿAmīd Zanjānī claims that this understanding began with their familiarity with the book 'Al-Siyar Al-Kabir' by Muhammad ibn Shaybānī (749 CE), a prominent Sunni Iskamic jurist and student of Abu Hanifa, followed by the four-volume commentary by Sarakhsī (1090 CE) on this work, the first translation of which occurred in 1825 CE (pp. 102-103). | Oriental and Islamic studies by Western historians, sociologists, legal scholars, and philosophers have led to their understanding of Islamic international law. ʿAmīd Zanjānī claims that this understanding began with their familiarity with the book 'Al-Siyar Al-Kabir' by Muhammad ibn Shaybānī (749 CE), a prominent Sunni Iskamic jurist and student of Abu Hanifa, followed by the four-volume commentary by Sarakhsī (1090 CE) on this work, the first translation of which occurred in 1825 CE (pp. 102-103). | ||
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==The classification of nations in Islamic jurisprudence (fiqh)== | ==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. | 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. | ||
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# A community that is entirely Muslim: The Islamic Ummah. | # A community that is entirely Muslim: The Islamic Ummah. | ||
# Migrants to Islamic territories. | # Migrants to Islamic territories. | ||
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# Insurgents who rebel against the government with the aim of overthrowing the Islamic system: Rebels. | # 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. | # Groups that resist the implementation of Islamic laws and turn away from the faith: Apostates. | ||
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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). | 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!== | ==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). | 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?== | ==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 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: | ||
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# The perspective of Orientalists suggests that jihad is the primary relationship between Dar al-Islam and the outside world. | # 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 considered a voluntary and commendable act. | ||
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# Jihad is regarded as obsolete. | # Jihad is regarded as obsolete. | ||
# It is positioned as a third stage following conversion to Islam or the establishment of a covenant. | # It is positioned as a third stage following conversion to Islam or the establishment of a covenant. | ||
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[[fa:حقوق بینالملل اسلام (کتاب)]] | [[fa:حقوق بینالملل اسلام (کتاب)]] | ||
[[ | [[Category:Bibliography Articles]] | ||
[[category: books by abbas ali amid zanjani]] | [[category: books by abbas ali amid zanjani]] | ||
[[Category:Books on Political Jurisprudence]] | |||