3. The Twain Doth Meet! a Preliminary Exploration of the Theory and Practice of as-Siyar and International Law in the Contemporary World

Abstract

This exploratory chapter attempts to engage in a comparative analysis of principles of as-Siyar (Islamic international law) and contemporary international human rights law emanating from the UN. The author raises the methodological question of whether an exploratory comparative analysis of concepts and scholarship based on sources from the 7th century (as-Siyar) and contemporary international human rights forms a valid intellectual inquiry. As-Siyar or Islamic International law encompasses public and private international law including a well-defined catalogue of rights of minorities, rights to the environment, humanitarian law, laws of armed conflict, diplomacy and human rights. International Bill of Rights (comprised of the UDHR, ICESCR and ICCPR) provides the foundation upon which the international system for the protection and promotion of human rights has been developed equally for men and women. An exploration into as-siyar and international human rights law highlights a number of commonalities as well as differences. Keywords: as-Siyar; contemporary international human rights law; contemporary world; Islamic international law