Before Grotius: Muḥammad ibn al-Ḥasan al-Shaybānī (132/749–189/805) and the Early Foundations of Islamic International Law
Year: 2026
Type: article
Abstract: This article reassesses the legal thought of Muḥammad ibn al-Ḥasan al-Shaybānī (d. 805) and his contribution to Islamic international legal doctrine. A leading disciple of Abū Ḥanīfa, al-Shaybānī played a pivotal role in systematizing siyar, the branch of Islamic jurisprudence governing relations between Muslim and non-Muslim political communities. Drawing primarily on al-Siyar al-Kabīr, the study analyzes key juridical concepts including dār al-Islām, dār al-ḥarb, diplomatic agreements (ṣulḥ, hudna, amān), and the legal status of ahl al-dhimma. It argues that al-Shaybānī articulated one of the earliest coherent legal frameworks regulating warfare, diplomacy, and inter-polity coexistence. Situating his doctrine within the broader intellectual history of international law, the article challenges Eurocentric narratives that locate its origins solely in early modern Europe, particularly in the works of Francisco de Vitoria (d. 1546) and Hugo Grotius (d. 1645). Instead, it demonstrates that classical Islamic jurisprudence developed sophisticated normative principles centuries earlier. Reexamining al-Shaybānī’s theory contributes to a more inclusive global history of international law and underscores the enduring relevance of Islamic legal thought.
Source: Religions
DOI: 10.3390/rel17060725
Author: Labeeb Ahmed Bsoul
Institution: Khalifa University of Science and Technology
Language: English
Topic: Islamic Studies and History
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $2,172
OpenAlex ID: W7165025178