Imam Muhammad ibn al-Hasan al-Shaybani: Biography and Intellectual Legacy

Abstract

Imam Muhammad ibn al-Hasan al-Shaybani (132-189 AH / c. 750-805 CE) stands out in Islamic legal history as a pioneering jurist whose contributions significantly shaped the discipline of siyar  the classical body of Islamic international law that governs relations among states, particularly between Muslim and non-Muslim polities. Drawing upon his teacher Abu Hanifah’s lectures, as well as hadith, Qur’an, and the accumulated practices of early jurists, al-Shaybani authored major works such as Al-Siyar al-Kabir and Al-Siyar al-Saghir. His treatises systematized rules for war and peace, the rights and obligations of noncombatants, diplomatic immunity, treaties, and the formalities of interstate conduct. Al-Shaybani has been credited by many modern scholars as the “father of Muslim international law”, a title that reflects both his early articulation of legal norms for international relations and the lasting influence of his ideas. Comparatively, his work prefigures many concepts later seen in Western international law, such as jus ad bellum (just causes for war), duties to protect innocents, and the binding nature of treaties. A study of al-Shaybani’s legal methodology reveals that he combined rigorous textual sources (Qur’an & Sunnah) with reasoned analogy (qiyās) and consensus (ijmāʿ) to derive principles suited for inter-communal and interstate interactions. The relevance of his work persists in contemporary debates over international humanitarian law, diplomatic practice, and the rights of religious minorities.

Keywords:Imam al-Shaybani; Siyar; Islamic international law; law of war and peace; treaties; non-combatants; diplomatic relations; Hanafi jurisprudence; classical Islamic legal methodology; comparative law