Juridical-historic features of the Islamic International Right

Abstract

Islamic International Right is an integral part of the corpus of laws and legal-religious sources, as well as of the social norms, customs and behavior with an international character, which aim at the regulation of the relations among Islamic countries that respect the Islamic legislation (i.e., the Islamic Right) and among other countries that respect the positive right (Legislation of legal family sivi-law and of the common-law system).
In light of modern international right, which dates back only after the year 1648, the International Islamic right itself, does not build a separate and incompatible legal corpus from the Islamic law (Sheri’at). But it is based on principles of reciprocity and a broad consensus among states and it is confirmed as a review of legal norms which contain rules that stabilize the relations between the Muslims and the foreign non-Muslim citizens, inside and outside the Islamic state.
The task to implement and monitor these rates is essentially and exclusively reserved to the Islamic state authorities. This is the main objective of the activity of Islamic international law.
Classical theory of Islamic International Law (siyar) was extensively used during the “glory of the Islamic states”, a period which coincides with the II-nd Hijjr century, or the VIII-th AD century.
In fact, it is precisely this period when Muslim countries reached the peak of territorial expansion and the further development of the State and the political, social and economic institutions.
This development of the Islamic States is closely connected with the principle of the spread of these legal-religious norms of international character in the whole territory of the Islamic State.
As a result of this expansion, the Muslim population entered into contacts with other non-Muslim populations, through trade as well as through other human relationships, and just to settle these socio-economic relations, it was involved the Islamic law that regulated these phenomena with foreign elements.