Book Review: Matthias Vanhullebusch Brill's Arab and Islamic Set War and Law in The Islamic World

Brill's Arab and Islamic Laws War and Law in The Islamic World

Book Review: Matthias Vanhullebusch Brill's Arab and Islamic Laws  War and Law in The Islamic World

Before Buying, Better to Read the Book Review: Matthias Vanhullebusch Brill's Arab and Islamic Laws War and Law in The Islamic World by Legaproblema.com - What happens when we explore the intricate relationship between war, law, and Islamic jurisprudence? In this detailed Book Review: Matthias Vanhullebusch Brill's Arab and Islamic Laws Full Set War and Law in The Islamic World, we delve into how Islamic law, or fiqh Islamic jurisprudence, intersects with international humanitarian law to regulate conflict and violence. Matthias Vanhullebusch’s work is a profound examination of the jurisprudence of Islam, especially focusing on the laws of war as articulated within the Islamic tradition and their dialogue with Western legal frameworks.¹

The book is a scholarly yet accessible study that sheds light on the complexities of Islamic inheritance jurisprudence and broader Islamic legal principles. It invites us to consider the dynamic and evolving nature of Islamic law in the context of war and peace, emphasizing reconciliation and humanitarianism as core themes.²

Book Details

Author

Dr. Matthias Vanhullebusch

Original Language

English

Translation

No translation available; originally published in English

Publisher

Brill Nijhoff, Leiden | Boston

ISBN

978-90-04-29824-8

Length

Approximately 300 pages

Genre

Academic, Islamic Jurisprudence, International Law

Structure and Contents

Curious how Islamic jurisprudence and international humanitarian law compare when it comes to war? This book is structured to answer exactly that question through a comparative lens.⁵

• Part I: Explores principles of protection in Islamic laws of war (siyar) and international humanitarian law.
• Part II: Surveys the historical and civilizational development of Western and Islamic legal traditions on war.
• Part III: Analyzes jurisdictional issues and contentious topics such as proportionality and military necessity in war law.

The book also includes a comprehensive table of legal materials and cases, providing a rich resource for scholars and practitioners alike.⁶

Strong Points of the Book

What makes this book stand out in the field of Islamic jurisprudence and war law? Here are its key strengths:⁷

• Authoritative and well-researched: Based on Vanhullebusch’s doctoral thesis, it offers a detailed and rigorous analysis.
• Comparative approach: It bridges Islamic and Western legal traditions, highlighting both convergences and divergences.
• Clear and fluent writing: The prose is accessible without sacrificing scholarly depth.
• Focus on reconciliation: Advocates for mutual coexistence and humanitarianism amid legal and cultural tensions.
• Comprehensive coverage: Addresses complex issues like Islamic inheritance jurisprudence within the broader legal discourse.

Impact and Legacy

How does this book influence our understanding of the jurisprudence of Islam and international law? Its impact is multifaceted:²

• It serves as a reference point for students and scholars of Islamic laws of war and international humanitarian law.
• It fosters dialogue between Islamic legal traditions and Western legal frameworks, promoting greater understanding.
• Its message of humanitarianism challenges polarized views and encourages peaceful conflict resolution.
• The book enriches the study of fiqh Islamic jurisprudence by placing it in a contemporary global context.

Matthias Vanhullebusch

Criticism of the Book

Is this book without fault? While highly praised, some critiques might be considered:⁵

• The dense academic style may challenge casual readers unfamiliar with legal jargon.
• Focus on war law might limit its appeal to those interested in other areas of Islamic jurisprudence, such as family law or commercial law.
• Some may desire more extensive case studies from contemporary conflicts to illustrate theoretical points.

Comparison with Other Similar Books

How does Vanhullebusch’s work compare to other titles in Islamic jurisprudence and war law? Consider the following table:

Book	Focus	Approach	Unique Feature
War and Law in the Islamic World	Islamic and international war law	Comparative, academic	Bridges Islamic and Western legal traditions with emphasis on humanitarianism
Islamic Jurisprudence: An Introduction	Foundations of Islamic law	Descriptive, historical	Broad overview of fiqh schools and principles
International Humanitarian Law and Islamic Law	Intersection of Islamic law and IHL	Thematic, case-based	Focuses on practical application in modern conflicts

Islamic Jurisprudence: Exploring the Foundations

What exactly is Islamic jurisprudence, and why does it matter in understanding war and law? Islamic jurisprudence, or fiqh Islamic jurisprudence, is the human understanding and application of Sharia, the divine law. It governs not only personal conduct but also public matters including conflict and inheritance.¹

Vanhullebusch’s book enriches our grasp of how Islamic jurisprudence interprets war, emphasizing principles like protection of non-combatants and proportionality, which align with broader humanitarian values.⁵

Fiqh Islamic Jurisprudence: The Legal Science of Islam

How does fiqh Islamic jurisprudence regulate war and peace? This legal science is derived from the Quran, Hadith, consensus, and analogical reasoning. It provides detailed rulings on what constitutes just war, treatment of prisoners, and the rights of civilians.²

The book highlights how these principles have evolved and interacted with international humanitarian law, showing that Islamic legal tradition has its own sophisticated framework for conflict regulation.⁵

Jurisprudence of Islam: Bridging Tradition and Modernity

Can the jurisprudence of Islam adapt to modern legal challenges? Vanhullebusch’s study suggests yes, through its examination of jurisdictional issues and military necessity. Islamic law, while rooted in tradition, shows flexibility in interpretation to meet contemporary realities.⁶

This dynamic quality is crucial for understanding how Islamic legal scholars engage with global norms and contribute to international peace-building efforts.

Islamic Inheritance Jurisprudence: A Glimpse Beyond War Law

Why mention Islamic inheritance jurisprudence in a book about war and law? Because it exemplifies the broader scope and depth of Islamic legal thought. The principles governing inheritance are among the most detailed in Islamic law, reflecting the system’s complexity and the importance of justice and equity.¹

While Vanhullebusch’s book focuses on war, understanding inheritance jurisprudence helps us appreciate the comprehensive nature of Islamic jurisprudence as a whole.

Final Ruling

In reviewing Book Review: Matthias Vanhullebusch Brill's Arab and Islamic Laws Full Set War and Law in The Islamic World, we find a work that is both a scholarly milestone and a beacon for future dialogue between Islamic and international legal traditions. It challenges us to rethink preconceived notions about Islamic jurisprudence, especially in the context of war, and invites a vision of law as a tool for peace and coexistence.⁷

For anyone interested in the intersections of law, religion, and conflict, this book is an indispensable resource that enriches our understanding of Islamic legal heritage and its ongoing relevance today.

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Citation

1. Brill. "War and Law in the Islamic World." Brill’s Arab and Islamic Laws Series, Volume: 8, 2015. https://brill.com/display/title/31941
2. OAPEN Library. "War and Law in the Islamic World." https://library.oapen.org/handle/20.500.12657/38175
3. Brill's Arab and Islamic Laws Series. https://brill.com/display/serial/BAIL
4. Ilmuhukum Library. "War and Law in the Islamic World (e-book)." https://ilmuhukum.fh.undip.ac.id/library/index.php?p=show_detail&id=18259
5. OAPEN Library. "9789004298248_webready_content_text.pdf." https://library.oapen.org/bitstream/handle/20.500.12657/38175/9789004298248_webready_content_text.pdf?isAllowed=y&sequence=4
6. OAPEN Library. "9789004298248_webready_content_text.pdf" (alternate link). https://library.oapen.org/bitstream/handle/20.500.12657/38175/9789004298248_webready_content_text.pdf?sequence=4&isAllowed=y
7. Brill PDF. "War and Law in the Islamic World." https://brill.com/downloadpdf/display/title/31941.pdf
8. Library of Congress. "War and law in the Islamic world." https://www.loc.gov/item/2020717919