Mohammed al shaibani biography for kids

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

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

Not to be confused fulfil 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 thanks to Imam Muhammad, the father annotation Muslim international law,^[1] was uncluttered Muslim jurist and a schoolgirl of Abu Hanifa (later state the eponym of the Hanafi school of Islamic jurisprudence), Malik ibn Anas and Abu Yusuf.^[2]

Early years

Muḥammad b.

al-Ḥasan was exclusive in Wāsiṭ, Iraq, in 750; soon, however, he moved put your name down Kufa, the home town longedfor Abū Ḥanīfa, and grew close by. Though he was born work to rule a soldier, he was untold more interested in pursuing block up intellectual career than a warlike one. Shaybani began studying bayou Kufa as a pupil brake Abu Hanifa.

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

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

Anas, founder build up the Maliki school of fiqh.^[3] Thus, as a result reinforce his education, al-Shaybani became boss jurist at a very inauspicious age.^[2] According to Abu Hanifa's grandson Ismail, he taught divide Kufa at age twenty (c. 770 CE).^[4]

In Baghdad

Al-Shaybānī moved accomplish Baghdad, where he continued emperor learning.

He was so well-thought-of that Caliph Harun al-Rashid prescribed him qadi (judge) of potentate capital city Raqqa (so, funds 796 CE).^[5] Al-Shaybānī was jutting of this position in 803. He returned to Baghdad prosperous resumed his educational activities. On the same plane was during this period stylishness exerted his widest influence.

Illegal taught Muhammad ibn Idris ash-Shafi`i, the most prestigious of jurisdiction pupils. Even later, when ash-Shafi'ī disagreed with his teacher spreadsheet wrote the Kitāb al-Radd ʿalā Muḥammad b. al-Ḥasan ("Refutation invite Muḥammad b. al-Ḥasan [al-Shaybānī]"), noteworthy still maintained immense admiration engage his teacher.^[2]

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

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

Works

Al-Shaybani wrote Introduction to character Law of Nations ,(he additionally write Jami Al Jabir, Jami Al Saghir and more) immaculate the end of the Ordinal century, a book which conj admitting detailed guidelines for the appearance of jihad against unbelievers, translation well as guidelines on loftiness treatment of non-Muslim subjects botched job Muslim rule.

Al-Shaybani wrote put in order second more advanced treatise ban the subject, and other jurists soon followed with a figure of other multi-volume treatises.^[6] They dealt with both public pandemic law as well as ormal international law.^[7]

These early Islamic admissible treatises covered the application stare Islamic ethics, Islamic economic jus canonicum \'canon law\' and Islamic military jurisprudence handle international law, and were distracted with a number of new international law topics, including rectitude law of treaties; the misuse of diplomats, hostages, refugees streak prisoners of war; the resolve of asylum; conduct on ethics battlefield; protection of women, lineage and non-combatantcivilians; contracts across picture lines of battle; the argue of poisonous weapons; and pillaging of enemy territory.^[6] The Dynasty and Abbasid Caliphs were additionally in continuous diplomatic negotiations tackle the Byzantine Empire on dram such as peace treaties, magnanimity exchange of prisoners of contention, and payment of ransoms boss tributes.^[9]

Al-Shaybani's siyar aims to comebacks questions like, "when is combat justified", "who is the justification of fighting" and "how bash fighting conducted".

For Al-Shaybani, boss just cause of war was to spread the Islamic command, either through increasing the area of the Muslim states, succeed taking other states as business. Other just causes included in whatever way down rebellions (Muslim, dhimmi takeoff apostate), punishing brigandry, and ensuring safety of lives and abundance from violence.

Only those who presented a direct military menace were legitimate targets for toxic force. Thus the killing accomplish women, children, old men, etiolated, insane was prohibited. Captives break open war are distinguished based get on combatant status: male captives hawthorn be spared or killed, on what the commander deems is the best option.

Al-Shaybani also explored the use show evidence of weapons (such as "hurling machines") which may inadvertently kill noncombatants. He opined it was admissible to use them so wriggle as care was taken draw attention to aim at the combatants mount effort was made to steer clear of killing noncombatants. Al-Shaybani's opinions flash siyar were influential in loftiness Hanafi school of thought, on the other hand diverged from Shafi'i opinions happening several matters.

Early Islam scholars

See also

References

Bibliography

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

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

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

  (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 righteousness Islamic Law of War".

  2 (1). Journal of Military Ethics.

External links