التحكيم والمفاوضة في النزاعات المسلحة غير الدولية: دراسة مقارنة بين القانون الدولي والشريعة الإسلامية في صدر الإسلام

الملخص EN

Non-international armed conflicts suffer from a lack of interest in them through the scarcity of enacting laws or concluding their own agreements, which negatively affected the means of their peaceful settlement, the most important of which are arbitration and negotiation.

Islam through the experiences of the noble messenger (PBUH) and his successor, the commander of the faithful (peace be upon him) in the internal conflicts that erupted at the time.

as for international law, we will discuss how to deal with them in terms of their historical origin, the international agreements that included them, and the rules and procedures for them, and on this basis, the comparison was made.

between them, especially after noting that Islam preceded international law in many rules, some of which have not yet been codified.

it was necessary to activate the role of sharia and Islamic experiments in this field and prove that the origin in this sharia is peace and not war.