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War And Peace in the Law of Islam [Hardcover]

Majid Khadduri

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Book Description

June 2 2006 1584776951 978-1584776956 Reprint
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 on Islam. 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.

Product Details

  • Hardcover: 332 pages
  • Publisher: The Lawbook Exchange, Ltd.; Reprint edition (June 2 2006)
  • Language: English
  • ISBN-10: 1584776951
  • ISBN-13: 978-1584776956
  • Product Dimensions: 22.9 x 15.2 x 2.2 cm
  • Shipping Weight: 635 g
  • Amazon Bestsellers Rank: #1,668,326 in Books (See Top 100 in Books)

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Amazon.com: 5.0 out of 5 stars  2 reviews
19 of 22 people found the following review helpful
5.0 out of 5 stars Excellent, Pre 9-11 Scholarship Aug. 14 2007
By William Gawthrop - Published on Amazon.com
Format: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.
1 of 1 people found the following review helpful
5.0 out of 5 stars An Indispensable Reference Jan. 3 2014
By Humble Patriot - Published on Amazon.com
Format:Paperback|Verified Purchase
Professor Khadduri's "War and Peace in the Law of Islam" is an indispensable reference for those who want to understand the immutable doctrine governing the relationship between the Umma (Muslim community) and the kuffar (non-Muslims). In this forthright and candid 1955 edition, Professor Khadduri updated his original 1941 text and examined this relationship at a time when 10 Muslim countries had entered the United Nations, providing context to an otherwise anomalous development in international relations between Dar al Islam (the abode of Islam) and Dar al Harb (the abode of war). Professor Khadduri provides the reader a clear, concise analysis in eminently readable language that is devoid of dissimulation. His discussion is both legal and historical, and draws from a variety of irrefutable sources. Khadduri's examination will be valuable to historians and diplomats alike, but should rightfully be absorbed by the general public as the lessons of his analysis will be ignored at our peril. I had been hoping to add this excellent manuscript to my library for years, but at nearly $100 per copy it was beyond my budget. At the rather accessible price of just over $20 (as of December 2013), this paperback version is a great addition to anyone's library. Highly recommended.

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