Mohd Hisham Mohd Kamal

Meaning and method of the interpretation of sunnah in the field of siyar: a reappraisal

This chapter focuses on the application of Sunnah as the second primary and divine source of siyar , or Islamic international law. The author argues that the meaning of Sunnah must be broadened in order to include beneficial pre-Islamic practices in the law of nations which were approved or exercised by Prophet Muḥammad. The author contends that reports of the sayings as well as the conduct of the Prophet in respect of international relations should not be interpreted literally but rather with consideration of the context in which the Prophet delivered such sayings or acts. The finding of the exclusively defensive nature of jihād may also be derived when one analyzes the conduct of Prophet Muḥammad. The chapter also discusses two aḥadīth on fighting which have been given literal to the interpretations contrary Qur’ān and the exemplary conduct of the Prophet: (i) Order to Fight; (ii) Fight Till the End of Time. Keywords:aḥadīth; Islamic international law; jihād ; pre-Islamic practices; Prophet Muḥammad; siyar ; Sunnah

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 application of Siyar rules in the world today, which can be accomplished via siyāsah shariyyah or Sharīah-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.