Islamic International Law (Book): Difference between revisions

Sarfipour (talk | contribs)
No edit summary
Sarfipour (talk | contribs)
Line 57: Line 57:
==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
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).
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).
#  
#
{{end}}
 
==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).