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ePub War And Peace in the Law of Islam download

by Majid Khadduri

ePub War And Peace in the Law of Islam download
Author:
Majid Khadduri
ISBN13:
978-1584776956
ISBN:
1584776951
Language:
Publisher:
The Lawbook Exchange, Ltd.; Reprint edition (June 2, 2006)
Category:
Subcategory:
Humanities
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1411 kb
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1954 kb
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Rating:
4.2
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671

Book III The Law of Peace Chap 1.

Book III The Law of Peace Chap 13. Introduction Chap 1. 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.

Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern .

Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions.

Majid Khadduri (Arabic: مجيد خدوري) (September 27, 1909 – January 25. .War and Peace in the Law of Islam (June 1977)

Majid Khadduri (Arabic: مجيد خدوري) (September 27, 1909 – January 25, 2007) was an Iraqi–born academic. He was founder of the Paul H. Nitze School of Advanced International Studies Middle East Studies program, a division of Johns Hopkins University based in Washington, . Internationally, he was recognized as a leading authority on a wide variety of Islamic subjects, modern history and the politics of the Middle East  . War and Peace in the Law of Islam (June 1977). Socialist Iraq: A Study in Iraqi Politics since 1968 (January 1978).

Majid Khadduri was a Professor of Middle East Studies at the School of Advanced International . Khadduri presents a lucid analysis of classical Islamic doctrine concerning war and peace and its adaptation to modern conditions.

Khadduri, a former professor of Middle East studies at Johns Hopkins University, presents a.

Khadduri, a former professor of Middle East studies at Johns Hopkins University, presents . Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence of Western law on Islam.

Book III The Law of Peace Chap 1. Working primarily with original Muslim sources, he examines the nature of the Islamic state, Islamic law and the influence.

American Journal of International Law. Article. War and Peace in the Law of Islam. Baltimore: The Johns Hopkins Press, 1955.

Michot, Yahya, Mardin: Hegire,fuite dupeche et demeure de l'Islam (Beirut/Paris: al- Bouraq, 2004).

Mayer, Ann Elizabeth, 'War and Peace in the Islamic Tradition and International Law' in John Kelsay and James Turner Johnson, ed. Just War and Jihad: Historical and Theoretical Reflections on War and Peace in Western and Islamic Traditions (Westport, Conn. Michot, Yahya, Mardin: Hegire,fuite dupeche et demeure de l'Islam (Beirut/Paris: al- Bouraq, 2004).

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Originally published: Baltimore: Johns Hopkins Press, 1955. x, 321 pp. Khadduri, a former professor of Middle East studies at Johns Hopkins University, 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.
  • 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.

  • 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.