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).