ALSHRYET AL'IISLAMIAT AND GENERAL INTERNATIONAL LAW

(Alshryet Al'iislamiat Walqanun Alduwaliu Aleamu)

A paper written by the Sheikh in 1388 AH - 1969 AD and submitted to the third round of research in law and political science that was held in Baghdad in 1969 CE and was published in the Journal of the College of Islamic Studies in its third issue 1970 CE, after which it was printed in a separate booklet, and also published with a group of researches in a book under the name “Jurisprudence Research Group” The sheikh says about this research  :

Man is civil, of course, the saying was mentioned by the scholar Ibn Khaldun in his introduction, and his statement is a truth that is supported by reality and dictated by the nature of man, for man is born in society, lives in it and dies in it, and the conception of a person outside society is a kind of delusion and imagination that has no reality outside  .

And human society, although it was one in origin, but it is multiple in terms of housing and region, people have divided into groups, each group settled in a region for various reasons, as it is a social unit that soon turned into a political organization in what we call (the state ).

These human groups or countries cannot live in complete isolation from others, just as a person cannot live in isolation from other people  ...

That is why relations between states arose and arose as a necessity from the necessities of the common life to which human beings are subject as individuals and groups ... and these relations cannot be uncontrolled chaos because this harms everyone on everyone, and therefore these relations are subject to and subject these relations to rules that somehow regulate them and abide By countries, or at least some of them, in their relations with others . These are the rules that formed and are the general international law upon which it is built and declared  .

Some of its jurists defined this law as “the set of rules that define the rights and duties of statesin their mutual relations.” Others knew it as “the set of rules that define the rights and duties of states and the rights and duties of non-states among the people of this law.” There are other definitions of this law that all converge in one thing in Its assumption that there are countries between which there are relations and that these relations and the consequent rights and duties regulated by certain rules are the rules of this law  .

Are there such rules that make up this law in Islamic law, or not ? And if the answer is in the affirmative, what are its nature, characteristics, characteristics and features ? Then what is the position of Islamic Sharia on the general international law that is actually existing among countries at the present time ? This is what we deal with in our research as far as the place can be made, leaving the details and particles except what was necessary to highlight what should be highlighted and shown  .

What is meant by Islamic law  :

Before starting to talk about this subject, it is necessary to define what is meant by Islamic law. Islamic law, in its precise terminological meaning, is nothing but the texts of the Holy Qur’an and the Sunnah of the Prophet, and the explicit rulings it contained, so this concept does not include the opinions of the jurists and the jurisprudential rulings that they derived from their understanding of the texts of Sharia whose rulings are not clear and definitive, nor those that they derived and derived from the sources of rulings that guided To these texts, these rulings and opinions are included in the concept of Islamic jurisprudence, and it is undoubtedly based on the texts of Sharia and is obligatory or acceptable to follow, and it is not permissible to contradict it except with evidence that favors this opinion without that. It is customary for writers and moderns not to adhere to this strict meaning of Sharia. So we see them calling the name Islamic legislation and wanting by it what is more general than its precise meaning,They want by it the definitive rulings in which the texts of the Qur’an and the Sunnah and the jurisprudential rulings that the jurists said, both of them agreed upon and disputed about them, and which tolerate taking and responding and error and correctness, that is, they enter into the concept of Islamic jurisprudence and most of it is known as jurisprudential rulings. Giving the name Sharia in this sense is permissible and permissible as long as the intended meaning of this release is known, and this is what we conduct in our research .  .

Now, after what we have presented in the hands of the research, we wonder whether there is general international law in Islamic law ? The answer to this question, positively and negatively, depends on the extent to which Islamic Sharia recognizes the existence of what is supposed to exist in general international law, which is the existence of states, relations between them, and rules governing these relations, and this is all evident in this research  .