The Process of Drafting Treaties in Islamic Jurisprudence: A Comparison of the Views of Classical Jurists

Abstract

This article examines the process of drafting treaties between Muslims and non-Muslims, both theoretically and historically. I demonstrate the process of the consummation of treaties and their importance in Islamic jurisprudence. Treaties formed part of siyar (foreign relations). This field, a branch of Islamic public law, covers the range of mutual relations between Muslims and non-Muslims. The aim here is to survey the work of prominent jurists and scholars from different schools of thought in general and these jurists’ interpretations of treaties, especially in the classical era, as a guide to modern scholarship for further research.