Volume 1, Issue 1, June 2018 [ISSN:2616-8707] Kardan Journal of Social Sciences and Humanities

Abdul Hamid Abu Sulayman. Towards an Islamic Theory of

International Relations: New Directions for Methodology and Thought.
Virginia, US: International Institute of Islamic Thought, 1993. Pp.
192. Paperback. ISBN. 0-912463-71-6. Price: Not given.
Mr. Zahid Jalaly*

Introduction

Towards an Islamic Theory of International Relations is the first book in

the Islamization of Knowledge series initiated by the US-based International
Institute of Islamic Thought (IIIT). The Institute undertakes and promotes
research focused on reconciling traditional Islam with the modern world and
its realities.

The book mentioned above was originally submitted to the University of

Pennsylvania as a doctoral dissertation. IIIT first published it in 1987 as The
Islamic Theory of International Relations. They however published it again
under the new title in 1993 after a series of editing and subsequent modifications.

The learned author, Abdul Hamid A. Abu Sulayman (b. 1936) is a Saudi
born prominent Muslim scholar who studied and resides in the United States
of America. Since he was influenced by the Muslim Brotherhood (Ikhwan al-
Muslimin) Movement in his young age, the Ikhwani approach is evident in
his writings. Perhaps the present book is one best academic example of this
approach.

The book contains a detailed and scholarly introduction by Professor Ismail

Raji al-Faruqi (1921-1986). He wrote this introduction before his assassination
at his home in the USA.

Prof. Faruqi pinpoints failure of the modern World Order and asserts that the
very existence of our world is under threat from this World Order. He exposes
some fundamental flaws in the ruling world order and concludes that there is a
dire need for an Islamic World Order. Prof. Faruqi responds to the question of

* Head of Department, Political Science, Kardan University, Kabul Afghanistan.

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what is Islamic World Order by providing details about various aspects of the
same.

The current work of Abu Sulayman is an attempt to reconcile the traditional

Islamic thought with requirements of the modern world. In doing so, he
commences his analysis with re-defining and re-interpreting some fundamental
concepts of Islam and Islamic law and jurisprudence. He declares at the very
outset that taqlid (following a particular school of thought) and talfiq are the
two factors for caused all this trouble and retreat of backwardness in the Muslim
world. This is perhaps the rationale for authoring this book and he keeps on
repeating this notion as a motto.

Siyar: Law or a Source of Islamic Law?

In his first chapter, the author differs with the general and commonly accepted
opinion that siyar is Islamic International Law. He declares that it is a source of
Law and not a law per se. He specifically names and criticizes Dr. Muhammad
Hamidullah (1908-2002) and Majid Khadduri (1909-2007) for considering
siyar a law. The fact however is that Hamidullah and Khadduri are not alone
in this, instead, all Muslim fuqaha (jurists) treated it as a law and Muslims
followed this tradition for centuries. The author however disagrees.

It is noteworthy that treating siyar as a law or a source of law is not a simple

issue and has far-reaching implications for this field of Islamic law. For those
scholars who deem it a law, the Muslim jurists expounded the principles of
Siyar from the Qur’an and Sunnah of the Prophet (peace be on him) and hence
Muslims are still bound to follow these principles.

The author however tends to deny legitimacy of this law and denies deeming
it a “law”. He in contrast contends that Muslims are not obliged to follow the
principles of siyar in the modern times. They could only benefit from them as
a secondary source of law while they will have to devise a law for themselves
according to the needs of the contemporary world. Taking this premise forward,
the author believes that the entire fiqh (Islamic Law and Jurisprudence) heritage

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is a secondary source of law. He asserts, “We are attempting to show that the
real role assigned to fiqh and siyar in the mechanism of the classical social
system was to provide a basic source of law for the Muslim society”.

Another corollary of the above provided opinion of the author is that he

believes in a unified fiqh. He is of the view that the schools of thought in
Islamic Law or madhahib are not different schools with different principles,
connotations and rules of interpretation. Hence, he argues, Muslims are not
required to follow one specific school of thought. In other words, he does
not believe in taqlid even for ordinary Muslims. He concludes that the entire
heritage of fiqh could be used as a source of law for modern Muslims.

The early fuqaha as well as a vast majority of Muslim jurists and scholars
reject this sort of treatment of fiqh. They believe that the schools of thought
or madhahib are actually schools of interpretation and each one of them have
reached their opinions by applying those principles. Using these opinions
without regard to which school do they belong to will lead to inconsistency,
incoherence and lack of integrity in the system.

Islam’s Jus Ad Bellum

The Author then moves to discussion on some hot topics, such as Jihad and
the jus ad bellum (cause of war). He holds that Imam Abu Hanifa (699-767) and
Imam Thawri (716-778) agree that Muslims will only wage Jihad when there
is Muharabah (aggression) against them. Imam Shafi‘i (767-820) however is
of the view that Muslims shall opt for Jihad based on disbelief (kufr) of the
opposing party; hence they may go for Jihad even when they are not under
aggression. All the jurists, without any disagreement, have reported this and
hence it is an accurate account of opinion of these schools.

He however erroneously claims that Imam Sarakhsi (d. 500 AH), the Hanafi
giant, agrees with Shafi‘i in holding disbelief as jus ad bellum. He infers from
the following paragraph of Imam Sarakhsi:

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To sum up, injunctions about jihad and fighting (to Muslims)

were revealed in stages… (the final stage being) the absolute
command to fight (non-believers). This signifies an obligation,
but an obligation that is meant to exalt the religion (of Islam)
and to subdue the associators.

This paragraph is not sufficient to deduct the stance of Imam Sarakhsi related
to the ratio of war. Imam talks about the order of the revelation of the verses
related to efforts for promoting Islam (jihad) and actual war (qital). He has not
claimed that the later revealed verses have abrogated the previously revealed
verses. Instead, he merely mentioned the order.

Hanafi jurists have discussed the order of revelation of the verses related to
Muslim non-Muslim relations in different issues and have upheld the view that
the hukm (rule) of the last verse on Qital was confined to the Arab pagans. This
is therefore not a general rule. Imam Jassas (d. 370 AH), another Hanafi jurists
and exegete, while discussing the issue of jizya (poll tax), says that the verse
where Muslims are instructed to wage war is confined to the Arab Pagans and
therefore Muslims are allowed to take jizya from all other non-believers.

More specifically, Imam Sarakhsi is one of those jurists that have asserted on
numerous occasions that aggression, and not disbelief, is the jus ad bellum of
Islam. It therefore appears that the author has missed the other parts of Imam
Sarakhsi’s work where he explains his position more clearly and in concrete
terms. For instance, describing the position of his Madhab, Imam Sarakhsi says:

The purpose [behind jihad] is securing and protecting

Muslims and enabling them to do protect their worldly and
religious interests.

On methodological grounds, Imam Sarakhsi is from the category of Mujtahidin

fi ’l Masail (mujtahid in cases where there is no explicit rule provided by the

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earlier categories) which in fact is a category of muqallidin (followers) and

based on this designation, he is not entitled to disagree with the views of the
Imam of the Madhab, or the decrees of the famous disciples of the Imam, i.e.
the first and second category of the jurists in the Hanafi school of thought.

In the next stage, the author discusses the Ikhtilaf (disagreement) of Imam Abu
Hanifa and Imam Shafi‘i related to application of Hudood (fixed punishments)
in case of Harbis (non-Muslim aliens entering the territory of Islam). He also
discusses the case of punishment of a Muslim who kills a non-Muslim. The
issue of Jizya follows. It is interesting that the author ignores the opinion of
Imam Abu Hanifa related to jizya and instead relies on the views of Imam
Shafi‘i and Imam Awza‘i. Lastly, he ponders upon the issue of justified targets
in Islamic international law.

He concludes his chapter by saying:

Putting the pieces together, we may say that fiqh, as a whole,

was an integral part of classical Muslim thought during the
height of Islamic civilization known as the High Caliphate,
generally considered to extend from 750 to 1100 AC. Fiqh
was the most unifying and articulate element of the traditional
way of life, serving to develop and regulate a highly successful
society and civilization in terms of economic, political, social,
moral, and legal needs. Fiqh and siyar were part of the methods
and attitudes of the policy-making process, and it is as such that
they should be considered major sources of Islamic law, but not
the law itself. [Emphasis added].

Classical Theory of Siyar: Reinterpreted

In his second chapter, the author discusses some expressions of the siyar and
the nature of this field of Islamic law. Based on his perception that siyar serves
as source of law, he interprets these expressions in a noval manner to support
his own views.

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In this chapter, he claims that the “conceptual confusion” in understanding

Islam is due to the “failure to identify the function of fiqh as a source of law”.
As explained above, the author believes that the work of earlier jurists serves
as secondary source of Islamic law, while the Qur’an and the Sunnah of the
Prophet (peace be on him) are the only primary sources. He reiterates “fiqh did
not represent the actual policies or regulations of the Muslim State”.

This claim does not hold ground when one analyzes the reality of earlier
centuries of Islam. Fiqh was in fact the law for Muslim Caliphate and Muslim
rulers felt bound to follow the same. For instance, when Abu Yusuf, the disciple
of Imam Abu Hanifa, served as the Chief Justice, he was the main source of all
decrees issued by the State in relation to the foreign policy and other matters. To
substantiate this point, we need to refer to Kitab al-Kharaj (Book of Taxation)
of Abu Yusuf, which he authored, as a legal decree, on the request of the Caliph
Haroon al-Rashid (d. 809) and the Caliph pursued the same as a binding code
of law.

The author also deliberates on the issues of jihad, Dar al-Islam (the domain of
Islam), Dar al-Ahd (the domain of covenant), Dar al-Harb (the domain of war)
and other related terms. There, he refutes Majid Khadduri’s theory of perpetual
war between Muslims and others. He holds that according to Imam Abu Hanifa
and others, term of peace treaties can be extended to more than ten years, which
therefore denotes that an enduring peace is possible between Muslims and non-
Muslims thereby negating the need for a permanent war. During the discussion
on peace treaties and its termination, he writes: “because of their attitude toward
jihad as a means of spreading Islam, some Hanafis would advise the political
authority to renounce a truce unilaterally whenever circumstances change to
the Muslim’s favor.”

The fact however is that Hanafi jurists generally mention this view at the
time when Muslim State is weak enough and the adversary imposed severe
conditions on Dar al-Islam, at this time the Muslim State believes that war
is a better option for Muslims when compared to peace, it can end the truce.

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Provided that, in doing so, they shall properly inform the other party of its
decision to withdraw from the treaty and that peace is over.

He also discusses jizya and the concept of dhimma in a manner that is

consistent with the classical views of Muslim jurists. After this discussion of
classical Muslim thought, the writer says that Muslim thought collapsed after
European colonial powers confronted Muslims and Muslims lost the touch
of reality and they remained incapable of answering new developments. He
continues that after colonialism, that Western thought or Marxist theory of
liberation influenced the Muslims so much that they failed to respond to and
conform with needs of time.

Reforms in the Methodology

In his third chapter, the author focuses on reforming the methodology. To

pave the ground for expounding his theory, he quotes some writers such as
Malik Bennabi to argue that modern Muslim thought lacks usul (principles)
and methodology. He emphasizes historical importance of methodology for
Muslims and its lasting impacts. It is very difficult, he maintains, for an idea to
have acceptance for Sunni scholars, unless to pass test of the usul.

He mentions reformist decrees of Rashid Rida (d. 1935) to prove that lack
of methodology failed him and others to gain a general acceptance among
Muslims. The book mentions two fatwas (religious decrees) of Rida, one on
bank interest, which he based on the principle of darura (necessity), and the
other on apostasy, in which he discarded ijma (consensus) on the ground of
“contradiction” with an explicit text of the Qur’an. He argues, “Jamal al-Din
al-Afghani, Rashid Rida and the grand Imam of Azhar, Shaltut, none of them
could settle the issue of interest based on darura”.

To elaborate Muslim usul or methodology, the author elaborates the

foundations of usul. He first defines Qur’an and the Sunnah, refutes the views
of Joseph Schacht (1902-1969) on Sunnah, and then explains qiyas (analogy).
He presses the issue of space-time aspect of the Sunnah. He argues that since

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Sunnah was practiced in the medieval period, the social system of that particular
time is undeniable evident in the same.

He is of the considered opinion that overlooking space-time context would

mislead. He holds in relation to the Qur’an that it is not of the same nature
as Sunnah, nonetheless, one must bear in mind the space-time context while
interpreting the Quran in the modern times. He concludes that Ijma is no longer
possible due to the different time and space we live in.

Lack of empiricism and systematization is also a problem in the Muslim

thought, the author adds. His opinion is that use of reason is vital and fundamental
while dealing with the Qur’an and the Sunnah, something that the traditional
Muslim thought lacked according to him. To substantiate his point of view, he
refers to the discussion of jurists on the legality of burning trees in military
campaigns. He quotes the debate taking place between the jurists on why had
the prophet (peace be on him) had brunt some trees at the battle of Banu Nadir,
while Abu Bakr (d. 634), the first Caliph, prohibited this act. He believes that
these issues were discussed due to lack of empiricism. The following deserves
regard as summary of Chapter Three of this book in the author’s own words:

The lack of systematization and empiricism is a problem when Muslim

students today use usul in the old way, while the old intellectual atmosphere and
implicit assumptions are no longer valid or present. This situation is at present
as much a problem for modernists as it is for the traditionalists. The imitation
of historical systems is just as wrong as the imitation of foreign ones, because
both reflect a lack of comprehensive understanding of the existing realities of
contemporary Muslim peoples and the Muslim world.

The author repeatedly criticizes the methodology adopted by the jurists and
blame them for lack of empiricism and systematization. At least in respect of
empiricism, this opinion is flawed. The fact is the jurists, especially Hanafis,
left the door open in many places for the ruler to decide matters as he would
deem fit and appropriate. In addition, the principle of reciprocity operates as

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one of the fundamental principle in siyar and international relations.

The Reformed Methodology

In his last chapter, the author presents his solution to the problem faced by
Muslims. This solution, he argues, is based on the early sources of Islam for
it will only attain legitimacy if it is based on these settled sources. Prior to
presenting his ‘solution’, the author tries to provide a “rational” interpretation
of the life of the Prophet (peace be on him), his wars and humanitarian attitude
which the Muslim jurists failed to understand it, according to him.

Here he discusses four cases; Prisoners of War (PoWs), the issue of apostasy,
naskh (abrogation) and jizya. In case of PoWs, he argues that their decapitation
was an extreme exception. In case of Banu Qurayzah, he maintains that Muslims
wanted to ensure that no more treachery would take place. In case of Quraysh
for instance, he argues, the Prophet (peace be on him) opted for a lenient and
flexible approach since Muslims were secure and in safe.

He dedicates ample space to discuss the matter of Riddah (apostasy) and

Jizya. The author holds that freedom of religion and belief was acknowledge
in Islam while reaction to apostasy was in reality a response to the Jewish
hypocrites who apparently embraced Islam and refuted the faith merely
to frustrate other Muslims and undermine their faith. He concludes that the
punishment awarded to apostates had a time-space impact, which the “Muslim
jurists failed to understand”.

In his attempt to understand the Qur’an, he generally believes that method

of interpretation of the Quran should change for the traditional method is not
appropriate. He evaluates the issue of naskh (abrogation) and claims that the
jurist treatment of naskh was inaccurate. “Naskh should be applied only in
cases that are clearly suitable for the concept of naskh, such as the changes of
qiblah once and for all from the direction of Bayt al Maqdis (in Jerusalem) to
Makkah.” This indicates that he strictly minimizes the usage of naskh to very
limited events and cases.

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After a critical analysis of the above-mentioned issues, he provides his theory

of international relations. In doing so, he relies on some principles that are
general and can be applied in each and every case and situation.

The first principle he uses is that of tawhid (monotheism). Further, justice,

peace, mutual support and cooperation form the basis of the new theory of
international relations. He, while describing his theory, says that former Soviet
Union (USSR) or the European Union and others provide insight for a new
Islamic vision. In his view, jihad (not in mere military concept) and respect and
fulfilment of commitments base the foundation of his new theory. He draws
principles for his methodology, which, in his view, is based on empiricism,
systematization and the early sources of Islam:

Three major policies should be analyzed, and their

achievements in the service of Muslim States in the field of
international relations should be examined. The first policy,
already analyzed, is the abandonment of war as the basis of
foreign relations with non-Muslims. The second and third are
the adoption of diplomatic reciprocity and alliances with non-
Muslim States and the principle of positive neutrality.

Conclusion

It is very interesting to note that the principles the author presents as the
basis for his new methodology have already been treated as such by the
classical jurists especially the Hanafis. They have long ago proclaimed peace
as the normal state of affairs between Muslims and non-Muslims by declaring
aggression to be the jus ad bellum. They have declared that peace treaties with a
validity period of more than 10 years are permissible and binding on Muslims.
Finally, the principle of reciprocity has been admitted to cornerstone of the
relations between Muslims and non-Muslims.

To conclude, Towards an Islamic Theory of International Relations is a

great effort in critically analyzing theories and work of traditional Muslims

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scholars as well as orientalists and others interested in Islamic law. The author
has exhausted himself in covering a wide array of literature, classical and
contemporary, for this research. We must admit that such a thorough study is
not the trend in Muslim scholars at this point of time and its very unfortunate.
The author a special applaud for his critical and unapologetic approach and
method.

Having said that, we also must acknowledge that every human effort has
loopholes and drawbacks and this book is not an exception. The fact remains, as
we highlighted in our last paragraph that most of the conclusions the author has
drawn are not very different from what other jurists and scholars have sketched.

Also, it is difficult to understand how come the author believe in the Qur’an
and Sunnah as primary sources of Islam, yet he is inclined to believe that the
jurists had committed a mistake in understanding the true spirit of these sources
during the last 14 centuries. It is against the spirit of Islam to believe that the
Qur’an was not understood by the very nation to whom and for whose guidance
it was revealed.

This indicates a major glitch in the approach of the author. If he would have
analyzed the juristic literature, he would have identified the methodology of
earlier jurists just as work has been done in this area by Prof. Imran Ahsan
Khan Nyazee in his “Theories of Islamic Law” where he has elaborated the
approaches and the system that was followed by the ahl al-Hadith and ahl al-
Ra’y jurists.

Notes and References:

1.
As described by the publisher on backside of the book.
Biography of Ismail Faruqi. Available online at: <http://www.ismailfaruqi.
2.

com/biography/> (Last accessed on: 05.04.2018).

This paragraph on p. 94 of the book better explains his repeated refutation of
3.

the methods of taqlid and talfiq: “The imitation of historical systems is just as wrong as

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the imitation of foreign ones, because both reflect a lack of comprehensive understand-
ing of the existing realities of contemporary Muslim peoples and the Muslim world.”
Abdul Hamid Abu Sulayman, Towards an Islamic Theory of International Relations
(Virginia: International Institute of Islamic Though, 1993).
4.
Abu Sulayman, Towards an Islamic Theory of International Relations, 04.
Even title of the book closely relates to the abovementioned issue. The author
5.

titled his book as “Towards an Islamic Theory of International Relations”, to avoid

use of the term “International law” when his discussion in the book relates to issues
that are dealt with by international law. He holds that what Muslim jurists categorized
under the title of siyar is not a law proper, instead, it is a strategy which Muslim jurists
presented for the State to pursue for welfare of Muslims.
Hamidullah defines siyar as: “that part of the law and custom of the land and
6.

treaty obligation which a Muslim de facto or de jure State observes in its dealings with
other de facto or de jure States.” [emphasis added] See; Muhammad Hamidullah, The
Muslim Conduct of State (Lahore: Shaikh Muhammad Ashraf, 2011), 03.
7.
Ibid., 08.
Following a single Madhab is discussed by the early and contemporary fuqaha.
8.

Ibn Abidin’s, also called “’Allama Shami”, Sharh Uqud Rasm al-Mufti is one of the
best sources to consult. Also Professor Imran Ahsan Khan Nyazee, a contemporary
scholar of and authority on Islamic law and jurisprudence, has discussed this issue
in details in his Secrets of Usul al-Fiqh under the chapter “Following a Madhab”.
The chapter is available online at: <http://www.nyazee.org/islaw/theory/madhab.pdf>
(Last accessed: 20.08.2018).
9.
Abu Sulayman, Towards an Islamic Theory of International Relations, 10.
This verse, which is called by some as the Verse of Sword (Aayat al-Sayf),
10.

provides: “Then, when the sacred months have passed, slay the idolaters wherever
you find them, and take them (captive), and besiege them, and prepare for them each
ambush. But if they repent and establish worship and pay the poor-due, then leave their
way free. Lo! Allah is Forgiving, Merciful” The Qur’an, 09:05)
For details see; Muhammad Mushtaq Ahmad, Jihad Muzahimat aur Baghawat
11.

(Gujranwala: al-Sharia Academy, 2012), 211-228.

Muhammad bin abi Sahl al-Sarakhsi, Al-Mabsut, Kitab al-Siyar. Imam Margh-
12.

inani, another prominent Hanafi jurist, clarifies it further when he says: “Mere disbe-

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lieve [in Islam] does not of itself legalize killing [a non-Muslim]. Rather, it is muhara-
bah that makes it permissible to kill the muharib (aggressor or the combatant). That is
why it is not allowed to kill women, children, people of old age, the handicapped and
others who do not have the capability to fight.” Burhan al-Din Ali b. Abi Bakr al-Mar-
ghinani, al-Hidaya fi Sharh Bidayat al-Mubtadi (Beirut: Dar Ihya al-Turath al-Arabi,
n.d.) 02: 380.
13.
For further details: See; Sharh Uqud Rasm al-Mufti.
14.
Abu Sulayman, Towards an Islamic Theory of International Relations, 14.
15.
Ibid., 18.
It is also evident in the relationship of Shaybani with the Caliph. Once when
16.

the Caliph overlooked the law, Shaybani objected to it and rejected his action which
lead to his termination as justice by the Caliph. For details of the biography of Shay-
bani: See; Majid Khadduri, The Islamic Law of Nations: Shaybani’s Siyar (Maryland:
The John Hopkins Press, 1966).
Majid Khadduri is of the view that the division of the world into Dar al-Islam
17.

and Dar al-Harb discloses that the relations between two Dar should be based on per-
petual war. He says that at least in the theory, Dar al-Islam is in war with Dar al-Harb
and it will continue till the former dominates the later. For a detailed evaluation of this
issue: See; Introduction to; Khadduri, The Islamic Law of Nations. Muslim Scholars
generally refuted this understanding of Khadduri. For details: See; Muhammad Mush-
taq Ahmad, “The Notions of Dar al-Harb and Dar al-Islam in Islamic Jurisprudence
with Special Reference to the Hanafi School” Islamic Studies, 47: 1 (2008).
18.
Abu Sulayman, Towards an Islamic Theory of International Relations, 25.
Al-Sarakhsi, Sharh al-Siyar al-Kabir (Beirut: Dar al-Kutub al-Ilmiyah, n.d.),
19.

05: 01-10.
He first quotes Sharabi who holds that: “The movement of reform in nine-
20.

teenth century Islam’s awakening was not an intellectual awakening, but a reaction to
the military and political threat of Europe. Even after the European impact had been
transformed into a cultural challenge, response to it remained largely defensive and
negative.” He also quotes Bennabi who says: “The modern [Muslim cultural] move-
ment in face has no precise understanding of its goals nor of its means. The whole
affair is just a passion for new things. Its only way of [generating reform] is to make
Muslim imitators and customers of foreign civilization, thus lacking in originality.”

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Abu Sulayman, Towards an Islamic Theory of International Relations, 63.

21.
He is referring to the verse that forbids compulsion in religion.
22.
Ibid., 67.
Orientalists generally do not consider Sunnah a source of Islamic Law and raise
23.

doubts regarding its authenticity.

24.
Ibid., 94.
25.
Ibid., 99-114
26.
Ibid., 117.
27.
Ibid., 128-138.
28.
Ibid., 147.

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