The Impact of Muhammad ibn al-Hasan al-Shaybani's Theories on the Rules of War in Islamic International Law
Journal: International Journal of Nations Research (Vol.10, No. 111)Publication Date: 2025.04.17
Authors : Seyyed Abdollah Karimi;
Page : 81-104
Keywords : al-Shaybānī; Islam; Fiqh; International Law; Peace; War;
Abstract
Muḥammad ibn Ḥasan al-Shaybānī was one of the most prominent jurists and legal scholars who had a profound impact on the formation of the rules of warfare in Islamic international law. This study explores the influence of al-Shaybānī's theories and writings in the development of the principles of war and peace and analyzes how these influences are reflected in contemporary legal and jurisprudential texts. The objectives of this research include examining al-Shaybānī's role in shaping the principles of warfare in Islamic international law, analyzing his emphasis on the humanitarian and ethical foundations of war—such as the observance of human rights and the protection of civilians—and evaluating the enduring significance of his thought in modern discussions on international law and human rights. The research methodology involves content analysis of al-Shaybānī's works, a comparative review of his views with other jurisprudential and legal sources, and an investigation into the role of his theories in the development of Islamic international law. The findings reveal that al-Shaybānī emphasized ethical and humanitarian principles in warfare, including the protection of civilians, honoring agreements, and imposing limitations on warfare. His works have provided a foundational basis for the development of humanitarian legal principles in armed conflict. Ultimately, the study concludes that al-Shaybānī's ideas remain highly relevant in contemporary debates on international law and human rights, and can be utilized to help formulate a more comprehensive legal framework for the laws of war and peace.
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