Assistant Professor, al-Mustafa Intenational University
Abstract
Keeping in view the increasing international relations and a global need for a more efficient international law, the idea of "Islam, the real source of international law" has been put forth and discussed with an analytical – descriptive approach in a bid to restore Islam's role in developing international law. The research outcome shows the originality and independence of the legal system of Islam not only in terms of background but also in terms of principles, resources, purposes and principles of international law. Inspired by the Quran and prophetic tradition, Muslim jurisprudents living in the early Islamic century, put forth and discussed international law as Siyar (lit. normative conducts) under various juridical subjects such as jihad, war booties, taxes, trusts etc., albeit many hundred years before Hugo Grotius, the Dutch statesman and diplomat, who was called the “father of international law.” If the founding philosophy of international law is to regulate international relations, insure peace and global security, uphold equal rights of societies and nations and defend equal rights of the nations, we must admit that Islam is the real source and origin of international law in the world because the materialization of these lofty goals is made possible only in the light of Islamic teachings.
