(19) Although the pre-Islamic Arabs had their own international usages, they could not have elaborated them into a system. When Islam came and founded a State of its own, the earliest name given by Muslim writers to the special branch of law dealing with war, peace and neutrality seems to have been Siyar  the plural form of Sirat meaning conduct and behaviour. A few quotations will support this contention.

(a) Ibn Hisham (d. 218 a.): Then the Prophet ordered Bilal to hand over the banner to him (to 'Abdur Rahman Ibn 'Awf) he did so. Then the Prophet eulogized God and asked for His mercy upon himself, then said: O son of 'Awf! Take it. Fight ye all in the path of God and combat those who do not believe in God. Yet never commit breach of trust nor treachery nor mutilate anybody nor kill any minor [n]or woman. This is the demand of God and the behaviour of His Messenger for your guidance.

(b) Ibn Habib (d. 245 H): They used to give public feasts there and behaved there according to the behaviour of the kings of Dumat-ul-Jandal.

(c) Ibn Sa'd (d. 230 H): The Muslim garrison shall concede to them a share in the booty, adroitness in government and moderation in behaviour. This is a decision which neither of the contracting parties may change.

(d) Ibn Hanbal: (After the prophet) Abu Bakr became caliph and he acted according to his actions and behaved like his behaviour. 

(e) Al-Mas'udiy records another interesting fact using the same term of siyar several times:

(Arabic Type)

[It was the habit of (caliph) Mu'awiyah to give audiences five times a day . . . And [a] third of the night he used to pass (listening to) the stories of the Arabs (in peacetime) and their wars, those Arab and non-Arabs and  their politics, the behaviour (siyar) of ruses canes and their wars and ruses and their political actions with a regard to their subjects, and other stories of ancient peoples . . .Then he entered (his private apartments) and slept another third of the night. Then he woke up and took his seat, and (servants) brought books containing the behaviour (siyar) of canes and their stories (in peacetime) as also the wars and their ruses; and those who read before him. There were special servants appointed for the purpose and were in charge of conserving these (books) and reading them (before him). So every night, certain amount of stories and behaviour (siyar) and their rating and description of various political actions passed on his year. Thereafter he went out, led the service of the Morning Prayer, after which he returned and repeated every day that which we have just now described.]

(20) These few citations show that the conduct of the ruler, not only in time of war, but in peace, was referred to by the term Sirat as early as the time of the Prophet and even in pre-Islamic times. This is according to the of various of the [the] early 3rd century of his Hijrah. the term always adopted for "International Law" at least a century earlier. Thus Abu Hanifah (d. 150 H) is known so far to be the first to designate with the term siyar the set of special lectures he delivered in the Muslim Laws of War and Peace. The select shares were edited and ameliorated by several of his pupils of which the (Arabic type) and (Arabic type) of ash-Shaibanfy (d. 189 H) of Ibrahim al-Awzraly (d. 157 H) criticized the opinions of the Iraqi Iman Abu Hanifah. Al-Awza'iy's monograph has not come down to us, but their rejoinder to it by Abu Yusuf (d. 182 H.) The famous pupil of Abu Hanifah, with the title (Arabic type) has been edited. Ash Shaf'iy (born 150 H) also refers to this Siyar of al-Awzi'iy in his work (Arabic type) (cf. vii, 303-36), as also to the Siyar of  al-Waqidy (d. 207 H). Henceforward the word seems to have become a technical term commonly used by duress of all times. A typical passage of as-Sarakhsy (d. 483 H) will show what he understood by this term, and in fact what Islamic books of international law contained:

(Arabic Type)

[Know that the word Siyar is the plural of Sirat (Imam Muhammad ash-Shaibaniy) has designed this chapter by a sense it describes the behaviour of the Muslims in dealing with the Associators (non-Muslims) from among the belligerents as well as those of them who have made a pact (with Muslims) and live either as Resident Aliens or as non-Muslim subjects; in dealing with Apostates who are the worst of the infidels, since they abjure after acknowledgement (of Islam); and in dealing with Rebels whose position is left (reprehensible) than that of the Associators, although they be ignorant and in their contention on false ground.]

(21) It must, however, be pointed out that the term Sirat was used by historians to designate the life of the Prophet. The analogy has been brought into relief by different authors. Radiy-ad-Din as-Sarakbaly, for instance states in his chapter on International Law: :"The word Sirat, when used without adjectives, meant the conduct of the Prophet especially in his wars. And for this the Prophet has said: "Every Prophet had some profession (for livelihood), and my profession is Jihad; and in fact my means of subsistence are placed under the shadow of any spear." In other words, the term Sirat which linguistically signified conduct in general, acquired later the restricted sense of the conduct of the Prophet in his wars, and later still, the conduct of Muslim rulers in international affairs.