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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==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. | ||
{{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). | 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. | ||
{{end}} | |||
[[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]] | [[Category:Books on Political Jurisprudence]] | ||