The Classical and Contemporary Approaches towards International Law: Conceptual and Thematic Study of Siyar (Islamic International Law)

Abstract

This precise research work elucidates the derivation, sources, and gradual development of Islamic international law, which is also termed as “(Siyar).” This article is a humble endeavor to discover the position and role of Islamic International Law (Siyar). It debates about the pioneers and sublime jurists who treated Siyar as a distinct legal discipline and who methodically clarified the basic rubrics of Siyar. This research concludes that as Islamic legal principles are not only one of the leading legal schemes across the globe but also that Islam positions its illustrious place among different creeds and cultures of the world, Islamic jurisprudence is one of the leading sources of international law. The research is qualitative and interpretative, in which authors have relied on the classical and modern writings and have analytically scrutinized them in the modern context. Surely, this article debates that since public international rules are not irreligious in nature, these are “neutral” so as to “go with the flow” of Muslim countries. Siyar only fortifies the commitments of Muslim countries, at the same time; non-Muslim countries are not obligated to follow Islamic law.