ISLAMIC CONCEPT OF THE INTERNATIONAL LAW (THE SIYAR)

The Islamic concept of international law, is not a system separate from the Shariah, it is rather an extension of the Shariah designed to govern the relationship of the Muslims with their counterparts (the non-Muslims), whether inside or outside the territory of Islam. Islamic law of Nations does not exist as a separate system in the sense that the modern municipal (national) law or international law based on different sources and maintained by different nations, are distinct from one another. The siyar if taken to mean Islamic law of Nations is but a chapter in Islamic corpus juris, binding upon all its believers as well as upon those who sought to protect their interests in accordance with justice. But just as the jus gentium, an extension of the jus civile, was designed by the Romans to regulate their relations with non-Romans, so was the siyar, is an extension of the Shariah, which is designed to govern the relationships of Muslims and non-Muslims at a time when Islam came into contact with them.