The centrality of peace in the teachings of islam in relation to international law : towards a harmonization of the classic and modern frameworks

Abstract

This study aims at uncovering the diverse sides of peace according to Islamic teachings with reference to international law as stipulated in the Muslim ethical system. It identifies the potential contributions of Islam to the preservation of justice and balance, prevention of conflicts and respect for human rights and dignity for the safeguarding of peace for humanity, and in the light of the universal nature of Islam and the role played by the Muslim Ummah in the achievement of fair relations amongst the world's civilizations. This dissertation reveals that Islam is the only monotheistic religion that, apart from being universal, provides a comprehensive system of ethical teachings and principles for the preservation of peace in the field of international relations. It also shows that Islam, as a way of life, approaches peace from a political perspective and provides the legal mechanisms to avoid conflicts among states. The teachings provided by Islam to preserve peace can be implemented in contemporary times through analogy and consensus, as long as the statements contained in the Qur'an are not contradicted. In demonstration of the results it was necessary to identify those teachings of Islam contained in 'Ilm al-Siyar: the classic Islamic science concerned with the regulation of foreign relations of Muslim states together with the core values and principles concerned with peace and war in Islam. By analyzing the teachings on peace and war contained in the Qur'an and the Sunnah, and demonstrated by the conduct of Prophet Muhammad (S.A.W.) as statesman and diplomat throughout his life or sirah, along with the insights derived there-from by such classic scholars and pioneers of the subject as Muhammad ibn al-Hasan al-Shaybani and Muhammad ibn Ahmad al-Sarakhsi, this dissertation has identified the fundamental principles in the teachings of Islam and the centrality of peace therein. The study recommends that Muslim statesmen, leaders, diplomats and scholars, individually or collectively, employ the remarkably flexible Islamic juridical system of 'Usul al-Fiqh and the inherent principles of qiyas (analogy) and 'ijma' (consensus), as well as modern resources available in the current world, namely information technology, mass media, and multilateral diplomacy, in their challenging quest for peace. This will enable them to make significant contributions to future development in International Relations generally and the establishment of peace in particular, thus making them worthy legatee of their forefathers who first laid the foundations of the Science of International Relations.