Modern International Law: The Muslim Legacy (Contribution of Dr. M. Hamidullah)

Abstract

International Law is a discipline whose foundational principles, as argued by several Muslim jurists, can be traced to early Islamic legal scholarship. Among the prominent scholars who systematically articulated this position was Muhammad Hamidullah (1908–2002), a distinguished Islamic jurist, historian, and researcher from the Indian subcontinent who later worked extensively in Europe, particularly in France. Trained in both traditional Islamic sciences and modern legal studies, Hamidullah made significant contributions to the study of Islamic international law (Siyar) by presenting it within the broader framework of contemporary international legal discourse. This paper argues that Hamidullah’s central contribution lies not merely in asserting the precedence of Islamic international law, but in systematically documenting, editing, translating, and critically analyzing classical sources of ‘Ilm al-Siyar to demonstrate its conceptual sophistication and historical depth. Through his numerous articles and books, Hamidullah highlighted the origins, principles, and development of ‘Ilm al-Siyar, explaining its legal doctrines concerning war, peace, treaties, diplomacy, and the rights of non-Muslims. He further examined its influence and relevance to modern international law. This study, therefore, examines Hamidullah’s intellectual project, evaluates his sources and methods, and assesses the significance of his work within the larger debate on the origins and development of international law. By placing Hamidullah’s scholarship in its proper academic and historical context, this paper demonstrates that his work represents a major attempt to reclaim the contribution of Islamic legal thought to the discipline of international law.