ABSTRACT
This chapter examines the classical traditions of the Muslim law of nations, the siyar. It illustrates what the doctrinal dynamics mean with respect to the siyar, taking as a point of departure some commentators' attempts to depict the siyar as being congruent with the sources-doctrine of modern international jurisprudence as understood by the International Court of Justice (ICJ). The similarities and the tensions between the Muslim law of nations and modern international law must be understood against the doctrinal and practical history of the siyar and Islamic constitutional law. The chapter examines how Islamic international law is congruent with the definitive "sources-doctrine" of modern international jurisprudence, Article 38(1) of the Statute of the International Court of Justice. Secular laws of citizenship traduce the traditional jurisprudential division of mankind into Muslim, tolerated non-Muslim living under Islamic authority.
