ڈاکٹر محمد حمید اللہ اور ڈاکٹر وہبۃ الزحیلی کی قانون بین الاقوام پر جدید تعبیرات کاتقابلی جائزہ

A Comparative Review of Modern Interpretations of International Law by Dr. Muhammad Hamidullah and Dr. Wahbat ul-Zuhaili

Abstract

This research undertakes a detailed comparative study of the modern interpretations of Islamic International Law (Fiqh al-Siyar) as developed by two eminent Muslim jurists, Dr. Muhammad Hamidullah and Dr. Wahbaht ul-Zuhayli. Both scholars have sought to reinterpret classical Islamic principles governing international relations within the context of contemporary global realities, highlighting the inherent harmony between Islamic jurisprudence and modern international legal norms. Their works collectively aim to show that Islamic law offers a morally robust and systematic approach to global relations, bridging historical Islamic practices with present-day international frameworks.

Dr. Muhammad Hamidullah, in his seminal works such as The Islamic Law of Nations and Muslim Conduct of State, reconstructs the historical and institutional foundations of early Islamic diplomacy, treaties, and state relations. He demonstrates that Islam provided detailed regulations on war, peace, neutrality, and the treatment of non-Muslim communities long before the codification of Modern International Law. His approach is analytical and historically grounded, portraying the Prophet Muhammad ﷺ and the early Muslim community as pioneers in establishing a structured system of international conduct that anticipated many contemporary legal conventions.

In contrast, Dr. Wahbaht ul-Zuhayli, in his influential work Al-‘Alaqāt ad-Duwaliyya fi al-Islām, interprets Islamic international law from a jurisprudential and ethical-humanitarian perspective. He reexamines traditional concepts such as Dar al-Islam and Dar al-Harb in light of the modern nation-state system, emphasizing peaceful coexistence, mutual respect, and justice among nations. Al-Zuhayli aligns these principles with global standards of human rights and international cooperation, advocating a moral and ethical renewal of Fiqh al-Siyar. While Hamidullah emphasizes historical and institutional compatibility, al-Zuhayli focuses on ethical guidance and contemporary applicability, together offering a comprehensive vision for applying Islamic principles to a just and peaceful international order.

Keywords: Islamic International Law, Muslim Jurists, The Islamic Law of Nations, Muslim Conduct of State.