INTERNATIONAL LAW, ISLAMIC

Abstract

This chapter describes the theories and treaties of Islamic International law. In Islamic legal theory, the world was divided into two divisions: the dar al-Islam, comprising Islamic and non-Islamic territories held under Islamic sovereignty called the dar al-harb or the territory of war. In theory, the dar al-Islam was in a state of war with the dar al-harb. It is found that if the dar al-harb were reduced by Islam, the public order of Islam would supersede all others and the non-Muslim communities would either become a part of the Islamic community or submit to its sovereignty as Dhimmis or as autonomous entities in treaty relationship with it. In Islamic legal theory, the state of war between the dar al-Islam and the dar al-harb would come to an end when the latter is absorbed by the former. At that stage there would be permanent peace which is the ultimate objective of the Islamic state. Thus in theory, the jihad was a temporary legal obligation until the dar al-harb disappeared.