Modern application of Siyar (Islamic law of nations): some preliminary observations
Siyar or Islamic Law of Nations has gone through a period of sclerosis due to the decline of the Islamic Civilisation. This article identifies two issues that have a bearing on the modern application of siyar. First, the interaction between revelation and reason is relevant in the formulation and a...
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| Format: | Article |
| Language: | English |
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Brill
2011
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| Online Access: | http://irep.iium.edu.my/3094/ http://irep.iium.edu.my/3094/1/ALQ_025_04_02-Ahamat-Kamal.pdf |
| _version_ | 1848776095724208128 |
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| author | Ahamat, Haniff Mohd Kamal, Mohd Hisham |
| author_facet | Ahamat, Haniff Mohd Kamal, Mohd Hisham |
| author_sort | Ahamat, Haniff |
| building | IIUM Repository |
| collection | Online Access |
| description | Siyar or Islamic Law of Nations has gone through a period of sclerosis due to the decline of the Islamic Civilisation. This article identifies two issues that have a bearing on the modern application of siyar. First, the interaction between revelation and reason is relevant in the
formulation and application of siyar rules in the world today, which can be accomplished via siyāsah shariyyʿah or Sharīʿah-oriented policy. Second, the notion of ‘State’—the main subject of international law—may point to difficulties in appreciation of the siyar concept of territories (dār) in the modern world. These concepts are evolving, based on the need for Muslim States to protect themselves from foreign aggression. Finally, siyar can be institutionalised
through the sources of modern international law, but whether this can be achieved depends on gaining consent from the Muslim States. |
| first_indexed | 2025-11-14T14:24:39Z |
| format | Article |
| id | iium-3094 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T14:24:39Z |
| publishDate | 2011 |
| publisher | Brill |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-30942014-05-07T01:41:25Z http://irep.iium.edu.my/3094/ Modern application of Siyar (Islamic law of nations): some preliminary observations Ahamat, Haniff Mohd Kamal, Mohd Hisham KZ Law of Nations Siyar or Islamic Law of Nations has gone through a period of sclerosis due to the decline of the Islamic Civilisation. This article identifies two issues that have a bearing on the modern application of siyar. First, the interaction between revelation and reason is relevant in the formulation and application of siyar rules in the world today, which can be accomplished via siyāsah shariyyʿah or Sharīʿah-oriented policy. Second, the notion of ‘State’—the main subject of international law—may point to difficulties in appreciation of the siyar concept of territories (dār) in the modern world. These concepts are evolving, based on the need for Muslim States to protect themselves from foreign aggression. Finally, siyar can be institutionalised through the sources of modern international law, but whether this can be achieved depends on gaining consent from the Muslim States. Brill 2011-08-22 Article PeerReviewed application/pdf en http://irep.iium.edu.my/3094/1/ALQ_025_04_02-Ahamat-Kamal.pdf Ahamat, Haniff and Mohd Kamal, Mohd Hisham (2011) Modern application of Siyar (Islamic law of nations): some preliminary observations. Arab Law Quarterly , 25 (4). pp. 401-417. ISSN 0268-0556 (P), 1573-0255 (O) http://www.brill.nl/arab-law-quarterly |
| spellingShingle | KZ Law of Nations Ahamat, Haniff Mohd Kamal, Mohd Hisham Modern application of Siyar (Islamic law of nations): some preliminary observations |
| title | Modern application of Siyar (Islamic law of nations): some preliminary observations |
| title_full | Modern application of Siyar (Islamic law of nations): some preliminary observations |
| title_fullStr | Modern application of Siyar (Islamic law of nations): some preliminary observations |
| title_full_unstemmed | Modern application of Siyar (Islamic law of nations): some preliminary observations |
| title_short | Modern application of Siyar (Islamic law of nations): some preliminary observations |
| title_sort | modern application of siyar (islamic law of nations): some preliminary observations |
| topic | KZ Law of Nations |
| url | http://irep.iium.edu.my/3094/ http://irep.iium.edu.my/3094/ http://irep.iium.edu.my/3094/1/ALQ_025_04_02-Ahamat-Kamal.pdf |