The Nature of Islamic International Law (Siyar)

  • Prof. Dr. Nedzad Basic Professor, Department of Law, University of Bihac, Bosnia & Herzegovina/ Adjunct Professor, Concordia University, Montreal, Canada
Keywords : Fiqh, International Law, Islam, Shafi, Sunnah

Abstract

In contemporary legal and political debate, the Islamic law is mostly linked to global violence defined in the matrix of global Islamic terrorism. In these academic and  political debates, fundamental determinations of violence is predominantly related to the Sharia and Fikh, which are not part of divine Islamic law, but rather law specified through interpretation divine Islamic law (the Qur'an and Sunnah -practiced by Prophet Muhammad) by human agents, that produce consequences creating unrealistic concept of Islamic legal and moral doctrine. It’s important to note that in Islamic legal and philosophy doctrine there are significant differences between Islamic philosophers and lawyers regarding of the interpretation of the meaning of certain provisions of the Qur'an end Sunnah  in various historical circumstances, that leading to significant problems in understanding of Islamic divine law. In the line of diversity understanding of Islamic moral and legal norms,   many legal schools have been created in Islamic legal theory. To understand and reconcile various interpretations of the Quran's and Sunnah provisions,  special theory titled  "asbab an-nouzoul", with the task of studying the conditions under which the Qur'an's provisions can be interpreted differently has been developed. Another school known as "Ijtihad" or the Innovation School has evolved in the line of the need to change the meaning some norms of the Qur'an  in depending on historical time. Among the first who has gave  a different interpretation of the Qur'an in different historical conditions of Muslims life,  was the caliph Omar ibn al-Khattab and Imam Muhammad Ibn Idriz al Shafi'i, only 50 years after the death of Prophet Muhammad. These schools have opened larger space in communication between Islam and other civilizations, which will greatly contribute to a higher degree of cohabitation of the legal and moral norms between Islam and other civilizations. This moral and legal cohabitation has had a significance contribution to further development of Islamic Law and Islamic Philosophy.

Published
2020-08-22
How to Cite
BASIC, Prof. Dr. Nedzad. The Nature of Islamic International Law (Siyar). Journal of Religious Studies, [S.l.], v. 3, n. 2, p. 1-16, aug. 2020. ISSN 2663-0206. Available at: <http://jrs.uoch.edu.pk/index.php/journal3/article/view/181>. Date accessed: 26 oct. 2020. doi: https://doi.org/10.33195/uochjrs-v3i21812020.