War and Peace in the Law of Islam

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The Lawbook Exchange, Ltd., 2006 - History - 321 pages
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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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Contents

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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Page 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.

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