On the Abodes of War and Peace in the Islamic Law of War: Fact or Fiction?

2018 ◽  
pp. 277-308 ◽  
Keyword(s):  
Islamic Law ◽  
War And Peace ◽  
Law Of War

Islam and War: Tradition versus Modernity

2010 ◽  
Vol 4 (1-2) ◽  
pp. 181-212
Author(s):  
Joseph S Spoerl
Keyword(s):  
Nineteenth Century ◽  
Islamic Law ◽  
Classical Scholar ◽  
Law Of War ◽  
Critical Method ◽  
Entire World ◽  
Modernist Project ◽  
Early Islamic ◽  
Muslim Scholars

Islamic thinking on war divides roughly into two main schools, classical and modern. The classical (or medieval) view commands offensive war to spread Islamic rule ultimately across the entire world. The modernist view, predominant since the nineteenth century, limits war to defensive aims only. This paper compares the views of two important Muslim scholars, the classical scholar Ibn Ishaq (d. 767) and the modernist scholar Mahmud Shaltut (d. 1963). This comparison reveals that the modernist project of rethinking the Islamic law of war is a promising though as-yet-unfinished project that can benefit from the insights of Western scholars applying the historical-critical method to the study of early Islamic sources.

Sources in the Modern Tradition

2018 ◽  
Author(s):  
Dominique Gaurier
Keyword(s):  
International Law ◽  
Canon Law ◽  
Life Experiences ◽  
Legal Issues ◽  
Legal Knowledge ◽  
War And Peace ◽  
Law Of War ◽  
The Bible ◽  
Intellectual Context ◽  
The Law

This chapter observes that early writers on the law of war or on the law of peace offered their contributions in an intellectual context that was very different from our own. They were attempting to provide explanations for the questions related to war and peace, and in doing so drew upon interesting elements in Roman or canon law. Yet, none of the sources available to them were sufficient to offer a comprehensive response to related legal issues. Although these authors were all largely relying on the Bible and on ancient or contemporaneous history, some also drew information from their own life experiences. The majority, however, built their theories on the basis of their own readings and legal knowledge. Furthermore, only very few authors addressed the question of the sources of international law.

Hugo Grotius and the Thirty Years War, An early reception of De iure belli ac pacis

2009 ◽  
Vol 77 (3-4) ◽  
pp. 499-538 ◽  
Author(s):  
Edgar Müller
Keyword(s):  
War And Peace ◽  
Law Of War ◽  
Peace Negotiations ◽  
Hugo Grotius ◽  
The Law ◽  
Francisco Suarez ◽  
Francisco De Vitoria

AbstractIt is generally assumed that the peace negotiations at Münster and Osnabrück were influenced by the Spanish authors of the so-called Second Scholastics such as Francisco Suarez and Francisco de Vitoria, although evidence of that influence is lacking. It is possible, however, to establish that Grotius's book on the law of war and peace did influence the Westphalian negotiations. De iure belli et pacis was first published in 1625; it was widely read and during the 1630s it was used for teaching purposes in the universities of Strasbourg, Tübingen, Ingolstadt and Uppsala.

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