Shaybānī’s Notion of Authority of Awarding Amān A comparative study of Contemporary International Law

Abstract

The nature of relations between Muslims and non-Muslims has always been remained debatable. The notion that Muslim International Law (MIL) does not recognize co-existence of other nation states and it gives non-Muslims only option to embrace Islam. This comprehension is based on low arguments because MIL strives to maintain peaceful relations with non-Muslims and also recognize co-existence of nation states. MIL divides the world into different parts: Dar al-Islām, Dār al-Kufr and Dār al- ‘hd. MIL gives authority to Muslim state as well as Muslim individual to award protection to non-Muslim in both the situations of war and peace. The authority of awarding protection to non-Muslim is called Amān which is discussed by Shaybānī, the founder of MIL. According to Shaybānī, If Amān is demanded by non-Muslims, then Muslims are bound to award them According to him, the authority of Muslim individual to award Amān cannot be snatched by Muslim state. On the other hand, Contemporary International Law (CIL) also recognizes protection of combatants called “Quarter”, protection of homeless people called “refugees” and protection of foreigners called “asylum”. The protection recognizes by CIL is the sole authority of state. This study sums up that the notion of Shaybānī about awarding Amān is quite comprehensive as compare to the concepts of the CIL.

Keywords

• amān
• dār ul-islām
• shaybānī
• muslims
• non-muslims