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Great of Books of Islamic civilisation
KITAB AL-SIYAR AL-SAGHIR
The Shorter Book on Muslim International Law
Muhammad Al Hasan Al Shaybani
(The Student of Imam Abu Hanifah)
Translated by Mahmood Ahmad Gazi
Hardback 113 Pages
Adam Publishers, Delhi India
Does NOT
Includes Arabic text .
This work is the
translation of Al-Siyar al-Saghir, one of the six primary collections
of the Zahir al-riwaya in the Hanafi school.
A systematization and codification of the international law of Islam in the
second century of Hijrah.
Contents :
A lengthy introduction on the development
of Muslim International Law and
(1) instructions about
conduct of war
(2) the army's treatment of believers
(3) re-acquistion of property
(4) management of Kharaj
(5) peace and reconciliation
(6) intermarriages of the people of war and trade relations
(7) injunctions about apostates
(8) rebels
(9) booty, with notes, references, bibliography and index.
An example:
al-Shaybani (749-804AD) enunciated the rules of belligerency for Muslims, in
that the fighters for the sake of faith and religion are not allowed to kill
women, children, aged persons, invalids, paralytics, monks and hermits, and
other non-belligerents on the warring side, and that the killing of hostages is
strictly forbidden.
Muslim International Law may be defined as:
That part of the law and custom of the land and treaty obligations which a
Muslim state observes in its dealings.
About Imam Muhammad Al Hasan Al Shaybani
(The Student of Imam Abu Hanifah)
Imam
Muhammad ibn al-Hasan Ash-Shabani was a pupil of Abu Hanifah and heard hadith
from Mis'ar ibn Kidam, Sufyan ath-Thawri, 'Amr ibn Dinar, Malik ibn Maghul, Imam
Malik ibn Anas (, al-Awza'i, Rabi'ah ibn Salih, Bakir and Qadi Abu Yusuf. He
resided in Baghdad and narrated hadith there.
His kunya was Abu 'Abdullah. He was born in 132 and died in 189 AH. He was
only about eighteen years old when Abu Hanifa died and had not been with him for
a long time, but nonetheless he compiled a more complete study of the fiqh of
Iraq than Abu Yusuf. He took from ath-Thawri and al-Awza'i, and travelled to
Malik and learned the fiqh of hadith, transmissions and the opinions of Malik,
after having learned fiqh of opinion from the Iraqis. He stayed with Malik for
three years. He was appointed a qadi under ar-Rashid but was never Chief Qadi.
He had great skill in letters and so he had both linguistic training and
analytic perception. He was concerned with his appearance so that ash-Shafi'i
said about him, 'Muhammad ibn al-Hasan fills both the eye and the
heart.' He also mentioned his great eloquence.
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