THE CONCEPT OF WAR AND PEACE IN ISLAMIC LAW

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✎: THE CONCEPT OF WAR AND PEACE IN ISLAMIC LAW

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Keywords: THE CONCEPT OF WAR AND PEACE IN ISLAMIC LAW

 

RESEARCH BODY

ABSTRACT

This research work significantly examines a very interesting area of Islamic law. It is
the portion of the Islamic law which relate to war and peace. The study focuses on the
desire to make significant contribution to the modern law of Nations which features
inter-alia classical Islamic jurisprudential works, and organizational layout of the
work with justification of the study. As a matter of essence, the work emphasizes
global peace and security as against the current international hostilities and intra
national conflicts. To achieve the said peace and security, Treaties with rules
governing the conduct of hostilities and the restrictions placed on war by the Law are
prescribed in this research work. In the final analysis, from the findings of this study,
observations and recommendations are made as the author’s contribution to
knowledge of International Law and humanity in general.

LIST OF CASES
1. Re-Wimbledon, 1923, PCIJ, Series A, No. 1
2. Re-North Sea Continental Shelf, 1969, ICJ, rep. 3, P.44
3. Nicaragua Vs U.S.A, 1986 ICJ Rep 14
4. Re-the Asylum Case, 1950 ICJ Rep. 266 at pp. 266-7
5. Portugal Vs India, 1960, ICJ Rep. 6
6. Re-Paquete Habana, 1899

7. See Lan Service Incorporation Vs Iran, 1928, OCIJ Swries A, No. 17
8. Re-Chorzow Factory (Indemnity), 1937 PCIJ Series A/B No. 70
9. Re-Diversion of water from the Meuse, 1949, ICJ Rep 18
10. Re-Corfu Channel, 1950 ICJ Rep. At 148
11. Re-Russian Indemnity, 1903
12. Re-South, West Africa Case, 1950, ICJ 148
13. Re-Serbian Loan Case, 1929 PCIJ, Series A, No. 20-21 at pp. 38-39 14. South West Africa (2nd Phase), 1966 ICJ Rep at 6
15. Texaco Vs Libya (1977) 531. L.r.389. Also reported in (1978) 17 ILM 1t1
16. Re-Reparation Case, 1949 ICJ 174
17. Re-Genocide Case, 1951, ICI 15
18. U.K. Vs Norway, ICJ Rep (1951) 116
19. France VsTurdsey, 1927, PCIJ Rep. Series A, No 10
20. Burkina Faso Vs Mail, 1994 ICJ Rep. 6
21. Libya Vs Chad, 1992, ICJ Rep. 315 at 563
22. Re-Naulila, 1934, AC, pp. 586-9 at 589
23. Re-Aleoboectoe Case, (1994), 1-2 I.H.R.R. 208
24. Re-Western Sahara Case, 1975, ICJ Rep. P. 12
14

25. SocieteCommercialeD’orientVs Turkey (1929) 9 M>A.T. p. 612 at 613
26. Re-Armstrong Cork Company, 14 R. I. A. A. p. 613

CHAPTER 1

GENERAL INTRODUCTION

1.0 INTRODUCTION

Although this work is not the first of its kind. There were various works on
Islamic Law of War and peace dated back to over 700 years ago by reknown scholars such as Ibn Taymiyyah1, Khadduri Majid,2 and Abu Sulaiman Abdul Hamid3 and a
host of others. Perhaps the only mark of difference in the present work is its
contemporary nature. Since arabic language is relevant to Islamic Law just as latin is
to the English law,it is therefore pertinent to state the arabic version of the subject
matter of the study as:Mafhuum ul-Harb Was-Salaam Fish-shariy’atil Islamiyyah
meaning ‘Concept of war and peace under Islamic Law’
As the global community is increasingly characterised by a “clash of civilizations” particularly between Western civilization and Islam4.The universality
of the application of Laws relating to war and peace becomes seriously threatened.
With this threat on the increase, certain legal concepts particularly under Islamic Law
became misunderstood.
The present work attempts to explore the principles of war and peace under the ambit
of Islamic Law for further and better understanding of the contemporary laws of war
and peace. Any study on Islamic International Law must essentially entail the two
opposing concepts of war and peace, hence the legal principles of war and peace
under Islamic law will attract prominent attention in this work.
The need for this study is further underscored by the varieties of the rules of warfare
as prescribed by International Treaties and Conventions which have been discovered

 

Keywords: THE CONCEPT OF WAR AND PEACE IN ISLAMIC LAW

 


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Keywords: THE CONCEPT OF WAR AND PEACE IN ISLAMIC LAW

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