War And Peace in the Law of Islam [Hardcover]

The 1955 edition of "War and Peace in the Law of Islam" provides a pre 9-11 examination of Islam that is refreshingly devoid of the current era of political correctness and academic appeasement.

Khadduri's manuscript, written for the Johns Hopkins Press, was reviewed by Professor Joseph Schacht, University of Leiden, Sir Hamilton Gibb, University of Oxford, Professor Phillip K. Hitti, Princeton University, Dean Phillip W. Thayer, School of Advanced Studies of the Johns Hopkins University, and Professor Leo Strauss, University of Chicago. Two quotes both set the tone and give insight to the unvarnished examination Khadduri subjects Islam:

"Islam, emerging in the seventh century as a conquering nation with world domination as its ultimate aim, refused to recognize legal systems other than its own." P. vii

"In Muslim legal theory, Islam and shirk (associating other gods with Allah) cannot exist together in this world; it is the duty of the imam as well as every believer not only to see that God's word shall be supreme, but also that no infidel shall deny God or be ungrateful for His favors (ni'am)."

Khadduri lays out the insights needed to understand a Seventh Century Threat to the 21st Century. His book is organized as follows:

Book 1 Fundamental Concepts of Muslim Law
Chap 1. Theory of the State
a. Society and the State
b. The Juridical Basis of the State
c. A Divine Universal Nomocracy

Chap 2. Nature and Sources of Law
a. Customary Law and Islamic Law
b. Nature of Islamic Law
c. Sources of Law
d. Schools of Law
e. The Shia Doctrine

Chap 3. The Muslim Law of Nations

Book II The Law of War: The Jihad
Chap 4. Introduction

Chap 5. The Doctrine of Jihad
a. The Meaning of Jihad
b. Jihad as Bellum Justum
c. Jihad as Permanent War
d. The Shi'i and Khariji Doctrines of the Jihad
e. The Jihad and Secular War

Chap 6. Types of Jihad
a. The Jihad Against Polytheists
b. The Jihad Against Apostasy
c. The Jihad Against Baghi (an attempt at dissention)
d. The Jihad Against Deserters and Highway Robbers
e. The Jihad Against Scripturaries (Jews, Sabians and Christians)
f. The Ribat (Safeguarding the frontiers of dar al'Islam)

Chap 7. Military Methods
a. The Jihadists
b. Command of the Jihadists
c. Conduct of Fighting

Chap 8. The Initiation of War
a. The Call for Fighting
b. Necessity of "Invitation"
c. Negotiation

Chap 9. Land Warfare
a. Prohibited Acts
b. Treatment of Enemy Prisoners
c. Spies
d. Treatment of the Dead

Chap 10. Maritime Warfare
a. Islam and Sea Power
b. Muslim Law and the Sea
c. Rules and Practices of Naval Warfare
d. Naval Organization

Chap 11. Spoils of War
a. Meaning and Nature of the Spoils
b. Division of the Spoil
c. Immovable Property
d. Prisoners of War
e. Slaves

Chap 12.Termination of Fighting

Book III The Law of Peace
Chap 13. Introduction
Chap 14. Jurisdiction
a. Persons: Believers
b. Persons: Kafirs (Unbelievers) and Murtadds (Apostates)
c. The Head of State: The Imam
d. Muslim Territory: Dar al-Islam
e. Classification of Muslim Territory

Chap 15. Foreigners in Muslim Territory: Harbis and Musta'mins
a. Foreigners and Muslim Law
b. The Harbi (One who belings to dar al-harb)
c. The Aman (Pledge of Security)
d. The Muista'min;s Rights and Obligations
e. Termination of Aman
f. Importance of Aman

Chap 16. Muslims in Non-Muslim Territory
a. Non-Muslim Terriroty: Dar al Harb
b. Conduct of the Muslim in a Non-Muslim Territory Under Aman
c. Conduct of the Muslim in Non-Muslim Territory Without Aman
d. Muslim Prisoners

Chap 17. Status of Dhimmis
a. Islam and Non-Muslim Subjects
b. Meaning of Dhimmi
c. Dhimmi Compact with Muhammad
d. The Legislation of "Umar
e. Jizya and Kharaj
f. The Covenant of `Umar
g. Dhimmi Rights and Obligations
h. Conclusion

Chap 18. Treaties
a. Treaty Making Power
b. Legal Nature of Treaties
c. Prophet Muhammad's First Treaty
d. The Hudaybiya Treaty
e. Dhimmi Pacts as Constitutional Charters
f. Muslim Treaties Under Muhammad's Successors
g. General Characteristics of Treaties
h. Termination of Treaties

Chap 19. Commercial Relations
a. Islam and Commerce
b. Non-Muslim Trade with Dar al'Islam
c. Muslim Trade with Dar al'Harb
d. Significance of Foreign Trade

Chap 20. Arbitration
a. Arbitration Before Islam
b. Islam and Arbitration
c. Arbitration between Ali and Mu'awiya
d. Significance of Arbitration

Chap 21. Diplomacy
a. Muslim Conception of Diplomacy
b. Emissaries
c. Reception of Emissaries
d. Functions of Diplomatic Missions
e. Muslim Diplomacy and World Politics
f. Importance of Diplomacy

Chap 22. Neutrality
a. Islam and Neutrality
b. The Status of Ethiopia
c. Nubia
d. Cyprus

Chap 23. Epilogue
a. Changes in the Character of Dar al'Islam
b. Recognition of Christendom by Islam Under Ottoman Rule
c. Christendom's Attitude Toward the Ottoman Empire
d. The Ottoman Empire and the Modern Law of Nations
e. Integration of Islam into the Family of Nations
f. The Secularism of Law and State
g. Conclusion

Glossary of Terms
Bibliography (Supplies the original sources and the
fundamental "modern" studies that have a direct
bearing on the subject of war and peace in Islam)
Index

Over all, this 1955 publication, reprinted in June of 2007, will be an invaluable reference for analysts and researchers.