Abū ʿAbd Allāh Muḥammad ibn al-Ḥasan ibn Farqad ash-Shaybānī (Arabic: أبو عبد الله محمد بن الحسن بن فرقد الشيباني; 749/50 – 805), known as Imam Muhammad, the father of Muslim international law,[1] was an Arab Muslim jurist and a disciple of Abu Hanifa (later being the eponym of the Hanafi school of Islamic jurisprudence), Malik ibn Anas and Abu Yusuf.
[2] Muḥammad b. al-Ḥasan was born in Wāsiṭ, Iraq, in 750; soon, however, he moved to Kufa, the home town of Abū Ḥanīfa, and grew there.
He was so respected that Caliph Harun al-Rashid appointed him qadi (judge) of his capital city Raqqa (so, after 796 CE).
"[2] Al-Shaybani wrote Introduction to the Law of Nations ,(he also write Jami Al Jabir, Jami Al Saghir and more) at the end of the 8th century, a book which provided detailed guidelines for the conduct of jihad against unbelievers, as well as guidelines on the treatment of non-Muslim subjects under Muslim rule.
[6] The Umayyad and Abbasid Caliphs were also in continuous diplomatic negotiations with the Byzantine Empire on matters such as peace treaties, the exchange of prisoners of war, and payment of ransoms and tributes.
[10] Other just causes included putting down rebellions (Muslim, dhimmi or apostate), punishing brigandry, and ensuring safety of lives and property from violence.
He opined it was permissible to use them so long as care was taken to aim at the combatants and effort was made to avoid killing noncombatants.