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VOL. 6, ISSUE 4 (2024)
Human rights during military conflicts in Islam and from international humanitarian law perspective
Authors
Ayman Khafaga
Abstract
This paper explores the extent to which human rights in times of
military confrontations are observed by the Islamic law (IL) and the international
humanitarian law (IHL). The issue of human rights in general and those
pertaining to the time of armed conflicts in particular are one of the principles
addressed and advocated by Islam and Islamic legislation, as well as the
fundamental basis upon which the IHL is based. These rules and doctrines are
clearly expressed and communicated by the Islamic scriptures, particularly, the
Qur’an and the sayings of the Prophet Muhammad (pbuh). Also, one of the most
essential components of IHL is the fortification of people that are not
involved in conflicts. This includes civilians as well as people who suffer
from illness, injuries, imprisonment, or any other reasons. Both Islamic law
and IHL are entirely concerned with the human treatment of civilians. Findings
reveal that human rights are clearly addressed by and manifested in Islamic
scriptures as well as in the discourse of the IHL. This in turn accentuates the
fact that human rights are dexterously communicated, advocated by and observed
in Islamic scriptures and in the IHL. This also confirms that human rights were
clearly recognized and defended by Islam more than14th centuries before
international humanitarian law was established and formulated.
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Pages:6-12
How to cite this article:
Ayman Khafaga "Human rights during military conflicts in Islam and from international humanitarian law perspective". International Journal of Law, Policy and Social Review, Vol 6, Issue 4, 2024, Pages 6-12
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