This dissertation seeks to explain the viewpoint of Islamic international law {siyar) with respect to the various aspects of treaties {mu'abadat) with non-Muslims. The siyar deals with (the notion) of mutual relations between Muslims and non-Muslims during times of war and peace, and thus has become an intrinsic branch of the Shari'a. The varying nature of siyar and its changing interpretation throughout Islamic history captured the attention of a number of jurists and historians from both the classical and modem times, whose works have been frequently consulted throughout this study. In the course of classical and pre-modem Islamic history, treaty-making continued to evolve and contributed to shaping both political and social relations between Muslims and non-Muslims. Non-Muslim residents in Islamic territories {dar al-Islam), such as the abl al-dhimma and ahl al-aman, were dealt with as existing identities within Islam and were also dealt with by the means of contracts ('aqd), which determined their status under siyar. Relations between Muslims and non-Islamic territories {dar al-harb) were detennined by the conditions of peace and war, and treaties between the two were regulated according to the precedent set by siyar. The treaties selected for this dissertation cover the full spectrum of what Muslims and non-Muslims could do to develop and protect the interest of their communities. Thus, this study aims to shed some bight on a relatively untouched branch of Islamic law, while also elucidating the social ramifications of legal theory and practice.

Thesis (Ph.D.). / Written for the Institute of Islamic Studies. Title from title page of PDF (viewed 2008/08/04). Includes bibliographical references.

Thesis (Maste). / Includes bibliographical references and sources (p. 63-67).

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