General Principles of Islamic Law about Combatant Status: From Sharḥ Kitāb al-Siyar Al-Kabīr

Abstract

This paper discusses more than fifty principles and rules concerning the combatant that are employed by Imām Shaybānī and Imām Sarakhsī in Sharḥ kitā al-Siyar al-Kabīr. Initially, certain rules in respect of theoretical aspect of the discussion, that is, qawā‘id uṣūliyyah, are embarked upon then the legal maxims of Islamic law, expounded by Ḥanafī jurists, are mentioned. The paper strives to reproduce the maxims in exact wordings and phrases of the great authors; however, slight changes, that are very rarely, took place according to the needs.