War and Peace in the Law of Islam

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The Lawbook Exchange, Ltd., 2006 - 321 Seiten
Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law.Other chapters consider classical Muslim attitudes toward foreign policy, international trade, warfare, treaties and how these have developed during the twentieth century. Majid Khadduri [1909-2007] was a Professor of Middle East Studies at the School of Advanced International Studies of The Johns Hopkins University and Director of Research and Education at the Middle East Institute in Washington, D. C. He was the author of several books in English and Arabic on Middle Eastern affairs. Contents: Fundamental Concepts of Muslim Law I Theory of the State II Nature and Sources of Law III The Muslim Law of Nations The Law of War IV Introduction V The Doctrine of the Jihad VI Types of Jihad VII Military Methods VIII The Initiation of War IX Land Warfare X Maritime Warfare XI Spoils of War XII Termination of Fighting The Law of Peace XIII Introduction XIV Jurisdiction XV Foreigners in Muslim Territory: Harbis and Musta'mins XVI Muslims in Non-Muslim Territory XVII Status of the Dhimmis XVIII Treaties XIX Commercial Relations XX Arbitration XXI Diplomacy XXII Neutrality XXIII Epilogue Glossary of Terms Bibliography Index

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Inhalt

BOOK
1
Nature and Sources of Law
19
BOOK II
49
vn Military Methods
83
The Initiation of War
94
BOOK III
139
IJarbis and Mustamins
162
Muslims in NonMuslim Territory
170
Treaties
202
Commercial Relations
223
xxn Neutrality
251
Epilogue
268
Glossary of Terms
297
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Seite 72 - Hereby it is manifest, that during the time men live without a common power to keep them all in awe, they are in that condition which is called war, and such a war as is of every man against every man.
Seite 96 - When thou comest nigh unto a city to fight against it, then proclaim peace unto it. And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee.
Seite 1 - There is in fact a true law — namely, right reason — which is in accordance with nature, applies to all men, and is unchangeable and eternal.
Seite 72 - Warre, consisteth not in Battell onely, or the act of fighting; but in a tract of time, wherein the will to contend by Battell is sufficiently known: and therefore the notion of time is to be considered in the nature of Warre; as it is in the nature of Weather.
Seite 103 - When thou shalt besiege a city a long time, in making war against it to take it, thou shalt not destroy the trees thereof by forcing an axe against them: for thou mayest eat of them, and thou shalt not cut them down (for the tree of the field is man's life) to employ them in the siege...
Seite 96 - And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee. And if it will make no peace with thee, but will make war against thee, then thou shalt besiege it...
Seite 72 - And therefore, the notion of time is to be considered in the nature of war, as it is in the nature of weather. For as the nature of foul weather lieth not in a shower or two of rain, but in an inclination thereto of many days together, so the nature of war consisteth not in actual fighting, but in the known disposition thereto during all the time there is no assurance to the contrary.3 All other time is PEACE.
Seite 127 - And when the Lord thy God hath delivered it into thine hands, thou shalt smite every male thereof with the edge of the sword. But the women and the little ones, and the cattle, and all that is in the city, even all the spoil thereof, shalt thou take unto thyself, and thou shalt eat the spoil of thine enemies which the Lord thy God hath given thee.
Seite 64 - ... Islam was radically different from both. It combined the dualism of a universal religion and a universal state. It resorted to peaceful as well as violent means for achieving that ultimate objective. The universality of Islam provided a unifying element for all believers, within the world of Islam, and its defensiveoffensive character produced a state of warfare permanently declared against the outside world, the world of war. Thus the jihad may be regarded as Islam's instrument for carrying...
Seite 59 - The jihad, in other words, is a sanction against polytheism and must be suffered by all non-Muslims who reject Islam, or, in the case of the dhimmis (Scripturaries), refuse to pay the poll tax. The jihad, therefore, may be defined as the litigation between Islam and polytheism; it is also a form of punishment to be inflicted upon Islam's enemies and the renegades from the faith. Thus in Islam, as in Western Christendom, the jihad is the bellum justum.

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