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VI People in Portrait, 45 Muhammad al-Shaybānī (749/50–805)

Mashood A Baderin

From: The Oxford Handbook of the History of International Law

Edited By: Bardo Fassbender, Anne Peters

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

Ancient Times to 1648 — Use of force, war, peace and neutrality — Diplomatic relations — Jurisdiction of states, territoriality principle
Contrary to the popular view in Western legal scholarship, which often refers to the 16th/17th-century Dutch jurist, Hugo Grotius (1583–1645), as the ‘father of international law’, Islamic legal scholarship identifies Muhammad al-Shaybānī as having preceded Hugo Grotius by some eight centuries with the compilation and systemization of the rules of Islamic international law under a specialized subject area of Islamic law termed al-Siyar, which covers the laws of war and peace according to the Shari‘ah. Reviewing one of al-Shaybānī's main works on the subject in...
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