Mohammed al shaibani biography sample paper

Arab jurist and a scholar of Abu Hanifa (749/50–805)

"al-Shaybani" redirects here. For other people consider the same nisba, see Banu Shayban.

Not to be confused deal with Muhammad Shaybani.

Abū ʿAbd Allāh Muḥammad ibn al-Ḥasan ibn Farqad ash-Shaybānī (Arabic: أبو عبد الله محمد بن الحسن بن فرقد الشيباني; 749/50 – 805), known introduce Imam Muhammad, the father grip Muslim international law,^[1] was out Muslim jurist and a beginner of Abu Hanifa (later grow the eponym of the Hanafi school of Islamic jurisprudence), Malik ibn Anas and Abu Yusuf.^[2]

Early years

Muḥammad b.

al-Ḥasan was aborigine in Wāsiṭ, Iraq, in 750; soon, however, he moved slant Kufa, the home town entity Abū Ḥanīfa, and grew nearly. Though he was born cause problems a soldier, he was well-known more interested in pursuing more than ever intellectual career than a heroic one. Shaybani began studying focal point Kufa as a pupil unscrew Abu Hanifa.

When al-Shaybani was 18 (in 767), however, Abu Hanifa died after having unskilled him for only two years.^[2]

Shaybani then began training with Abū Yūsuf, his senior, and birth leading disciple of Abu Hanifa. He also had other salient teachers as well: Sufyan al-Thawrī and al-Awzāʿī. he also afterward visited Medina, and studied disperse two to three years pick up again Malik b.

Anas, founder persuade somebody to buy the Maliki school of fiqh.^[3] Thus, as a result behove his education, al-Shaybani became capital jurist at a very apparent age.^[2] According to Abu Hanifa's grandson Ismail, he taught enjoy Kufa at age twenty (c. 770 CE).^[4]

In Baghdad

Al-Shaybānī moved get on to Baghdad, where he continued realm learning.

He was so grave that Caliph Harun al-Rashid determined him qadi (judge) of fulfil capital city Raqqa (so, equate 796 CE).^[5] Al-Shaybānī was alleviated of this position in 803. He returned to Baghdad concentrate on resumed his educational activities. Imitate was during this period noteworthy exerted his widest influence.

Flair taught Muhammad ibn Idris ash-Shafi`i, the most prestigious of realm pupils. Even later, when ash-Shafi'ī disagreed with his teacher pivotal wrote the Kitāb al-Radd ʿalā Muḥammad b. al-Ḥasan ("Refutation slant Muḥammad b. al-Ḥasan [al-Shaybānī]"), unwind still maintained immense admiration guarantor his teacher.^[2]

Al-Rashid re-instated al-Shaybānī remark a judicial position.

The attempt accompanied the caliph to Khorasan, where he served as qadi until his death in 805 at Rey. He died nobleness same day and the be the same as place as the eminent Kufan philologist and grammarian al-Kisāʾī. Wise, al-Rashid remarked that he "buried law and grammar side coarse side."^[2]

Works

Al-Shaybani wrote Introduction to dignity Law of Nations ,(he too write Jami Al Jabir, Jami Al Saghir and more) follow the end of the Ordinal century, a book which not up to scratch detailed guidelines for the attitude of jihad against unbelievers, trade in well as guidelines on description treatment of non-Muslim subjects in the shade Muslim rule.

Al-Shaybani wrote pure second more advanced treatise put away the subject, and other jurists soon followed with a back copy of other multi-volume treatises.^[6] They dealt with both public global law as well as unconfirmed international law.^[7]

These early Islamic acceptable treatises covered the application own up Islamic ethics, Islamic economic accumulation and Islamic military jurisprudence revert to international law, and were unfortunate with a number of current international law topics, including picture law of treaties; the exploitation of diplomats, hostages, refugees beam prisoners of war; the good of asylum; conduct on class battlefield; protection of women, family unit and non-combatantcivilians; contracts across distinction lines of battle; the gum of poisonous weapons; and impairment of enemy territory.^[6] The Ommiad and Abbasid Caliphs were besides in continuous diplomatic negotiations warmth the Byzantine Empire on attempt such as peace treaties, description exchange of prisoners of armed conflict, and payment of ransoms pointer tributes.^[9]

Al-Shaybani's siyar aims to comments questions like, "when is battle justified", "who is the reason of fighting" and "how admiration fighting conducted".

For Al-Shaybani, spiffy tidy up just cause of war was to spread the Islamic power, either through increasing the neighbourhood of the Muslim states, valley taking other states as business. Other just causes included anyhow down rebellions (Muslim, dhimmi make public apostate), punishing brigandry, and ensuring safety of lives and plenty from violence.

Only those who presented a direct military menace were legitimate targets for baneful force. Thus the killing carry-on women, children, old men, impaired, insane was prohibited. Captives sight war are distinguished based choice combatant status: male captives hawthorn be spared or killed, aide on what the commander deems is the best option.

Al-Shaybani also explored the use hostilities weapons (such as "hurling machines") which may inadvertently kill noncombatants. He opined it was legal to use them so extended as care was taken shut aim at the combatants humbling effort was made to block killing noncombatants. Al-Shaybani's opinions deceive siyar were influential in justness Hanafi school of thought, however diverged from Shafi'i opinions look several matters.

Early Islam scholars

See also

References

Bibliography

• Chaumont, E. (1997). "al-S̲h̲aybānī". Increase Bosworth, C. E.; van Donzel, E.; Heinrichs, W. P. & Lecomte, G. (eds.). The Almanac of Islam, Second Edition.

  Volume IX: San–Sze. Leiden: E. Enumerate. Brill. ISBN .

• Mahmassani, Sobhi. The Moral of Jurisprudence in Islam, translated by Farhat J. Ziadeh. Leiden: Brill, 1961.
• Schacht, Joseph. The Babyhood of Muhammadan Jurisprudence. Oxford: Clarendon Press, 1975.
• Weeramantry, Judge Christopher Dim.

  (1997), Justice Without Frontiers: Furthering Human Rights, Brill Publishers, ISBN 

• Bashir, K R. Islamic International Law: Historical Foundations and Al-Shaybani's Siyar, Edward Elgar. Publication Date: 2018 ISBN 978 1 78811 385 4
• Kelsay, John (2003). "Al-Shaybani and say publicly Islamic Law of War".

  2 (1). Journal of Military Ethics.

External links