الحقوق العينية للأسير في الفقه الإسلامي و القانون الدولي (معاهدة جنيف)‎

الملخص EN

The issue of prisoners is of topics of concern to rulers and officials at all levels and all segments of the general public, hence we shall show the rights of prisoners in the laws and international conventions, and the closeness of these conventions with Islamic jurisprudence, which protected the right of the prisoner in the best picture.

But when searching, reflection and review of the research presented in this subject, showing that this subject has filled the papers and especially in the personal rights of the prisoner named ( Human Rights).

Seems that part of the prisoners rights has neglected in the study of, a non-political, and not linked to human rights, these rights are private rights, namely: (rights of the family - and the financial rights of the prisoner), and financial rights of rights in rem (original and consequential), This study was using the analytical approach, historical comparative study concluded the findings and recommendations, among them the most important results: That Islamic law was upfront all systems and international laws in taking into account the stated rights of prisoners.

Islamic street pastor captive into account the great and keeping his civil rights (rights in rem) is a large part of the prisoner and all actions carried out by in-kind indigenous rights, and subordination.

The international law (Geneva Convention) took into account the right of the prisoner and kept in his actions on Civil and enjoy the full civil capacity, is not entitled to state the family that Takid these rights, including rights in rem and accessory.

We recommend highlighting the role of Islamic law in preserving the rights of prisoners, and to continue research and show the special rights of prisoners and be published, and delivery of such research to those responsible for the files of prisoners.