ISLAMIC INTERNATIONAL LAW AND ITS

IMPORTANCE ALL OVER THE WORLD

The law regulates relations and operates between the independent and sovereign states. Relations
between the nations are not administered in this. It begins with the individuals. Every individual in the
past was an autonomous unit. They formed families and clans. Relations between the autonomous and
equal clans were governed by laws. Clans formed a tribe. The leader of the tribe could declare war on
the other tribe. But our scholars usually ignore history and begin with the period when a state, however
small it may be, had come into existence. In this article, we shall discuss Islamic international law and its
importance all over the world.

Islamic International Law (Siyar) – An Introduction

Siyar is responsible for governing the relations between the Muslim and non-Muslim states in peace or
war. Its main objective is to implement Shariah.

The provisions to all the people must be done justly and fairly. The development of the law of Nations is
governed by Prophet’s sunnah which is the main element.

History of Islamic International Law

Firstly, the shape of the city came into being. European scholars mention the city-state first because
such units existed in Greece once. They had relations with each other in both times of peace and war
both. It was found everywhere in the world. City-states were found in Arabs even before Islam. There
were tribes as well as cities. Tribes did not have a settlement in which they could stay all year round. On
the contrary, there were cities whose people did not lead a nomadic life. In Arabia, there is a city-state
and tribal system. The same was the situation in Greece. But the western historian says that the city-
state had already come into existence.

Western writers say that the laws of city-states dealt with the Greeks only. Greeks followed no code of
law in dealings with the rest of the world but each other only. They adopted different courses of action
in their dealings with different people. Soon Greek International law suffered from a serious drawback.
The reason was that it was confined to a few people who were not worthy of being treated by the law.

After the Greeks, Western people dealt with the Roman era in the context of international law. Rome at
that time became the capital of a vast empire that included Europe, North Africa, and other parts of
Asia. The Roman Empire respected law only in dealings with the state and not with the rest of the world.

The Roman period was not suitable for the formation of International law. The rules and regulations
there were different for everyone. Western historians begin their international law with the emergence
of the city-state, then in the Roman period, and then in the Fifteenth-century modern international law
begins. It was in the beginning fixed for the Christians only.

The European states applied the law to non-Christian states in Ottoman Empire. Then after sixty years,
the law was applied to Japan and some other states under certain conditions.

Beginning of Islamic International Law

Islamic international law began with Islam. Muslims are the only nation in the world that can
legitimately claim to possess an international law. The status of Muslims, in the beginning, was that of a
state within a state in Makkah. Muslims lived in Makkah, but they did not consider themselves obliged
to obey the old laws of the city nor did they give allegiance to its rulers. They obeyed their leader the
Prophet of Islam and turned to him for guidance. They had their administrative arrangements.
Later they migrated to Madinah and framed a constitution for it. On reaching Madinah, the Prophet
came to know that it was inhabited by the tribes that were fighting among themselves. There was no
organization or government. The purpose of the organization by the Prophet was accepted by some of
the tribes. The Prophet was himself selected for the leadership even though Muslims were in a minority
in Medinah.

Sources of Islamic International Law

Public international law and private international law are two different disciplines but Muslim jurists
consider them the same. Private international law deals with the relations of the government with the
subjects of another state. Public international law governs the relations between different states.

Private international law deals with the problems relating to the law of nationality. Like they discuss
Shia-Sunni relations from the legal point of view.

Public international law deals with three subjects

1. Law of peace
2. Law of war
3. Law of neutrality

Deals with three or four issues like sovereignty which is the first one. Modern international law includes
rebels in it but only when they begin the administer an area of the country on their own. Law of peace
concerns embassies. In old days there were no permanent ambassadors. They were assigned for a
specific purpose to a country for a limited period and when they completed their mission, they returned
home. The Law of war deals with the subjects like the law of war in respect of human beings, the law
governing property, and the qualities of a treaty concluded at the end of the war. International law
covers the principles and rules administrating the relations of one state with another state.