Labeeb Ahmed Bsoul. International Treaties in Islam: Theory and Practice in the Light of Islamic International Law according to Orthodox Schools

Arab Studies Quarterly (ASQ), Spring, 2008

Labeeb Ahmed Bsoul. International Treaties (Mu'ahadat) in Islam: Theory and Practice in the Light of Islamic International Law (Siyar) according to Orthodox Schools. Lanham, Maryland: University Press of America, 2008, 216 pages. Paper $32.00.

There is a neglect and little attention given to Islamic international law. Bsoul's study seeks to explain Islamic legal theory regarding treaties with non-Muslims. It aims at integrating the Islamic treaty system into the body of modern international law and contributes to better understanding conflicts between Muslim and non-Muslim countries. Its focus is exclusively on the formulations of treaties and their legal aspects. Much of the information used in analysis was obtained from original sources. Secondary sources about the opinions of modern scholars in Islamic law are also used.

Bsoul provides a historic evolution of Islamic law of nations, early usage, and its nature. He examines further the theoretical bases for treaties in Islamic law. He explores how Muslim jurists go into the legalities of the Muslim-dhimmi relationship in every aspect of the legal status of non-Muslims within the frontiers of their nations. He shows how peaceful relations is an Islamic principle and at the heart of the Muslim umma. Islamic law is unique in the protections offered to non-Muslims.

The other area he explores is international treaties or Mu'ahadat. He defines the treaties, how they are drafted, their effect, and their termination. He explains how strict adherence to a treaty from the Muslim side is ensured by the full force of Islamic law itself. The Islamic treaty is not a document of political convenience. A number of selected treaties appearing at different periods of time were presented to show how they were concluded and their particular outcomes.

This study determines whether Islamic jurisprudence evolved to accommodate changes. There are disagreements at times on the duration and time limit of a treaty but there is consensus on the importance of strictly adhering to a treaty once it is concluded. Therefore, abiding by agreements is not simply an act of political necessity but religious obligation. The Qur'an is the ultimate reference that Muslims look to for guidance. This study must find wide readership amongst Western politicians as it will lead to a deeper reflection on ongoing disputes, especially the Palestinian-Israeli dispute.