إثراء الشريعة الإسلامية للقانون الدولي الإنساني

المؤلف

طي، محمد

المصدر

القانون الدولي الإنساني في ضوء الشريعة الإسلامية : ضمانات التطبيق و التحديات المعاصرة يومي 13-14 أكتوبر 2015.

الناشر

الجامعة الإسلامية كلية الشريعة و القانون

تاريخ النشر

2015-10-31

دولة النشر

فلسطين (قطاع غزة)

عدد الصفحات

35

التخصصات الرئيسية

القانون
الدراسات الإسلامية

الموضوعات

• الفقه الإسلامي
• القانون الدولي الإنساني
• الحرب
• القتال

الملخص الإنجليزي

The Islamic sharia accommodates the international humanitarian law as well as overtaking many of its principles whether in the field of fighting against non-Muslims or between Muslims.

The most distinguishing principles of Islamic sharia regarding fighting against non-Muslims are : 1- Non-aggression on any non- Muslim unless he attacks Muslims ; not to prevent them from spreading their calls ; nor trying to tempt them to leave their religion.

2- The existence of 4 sacred months in Islam in which battles are prohibited expect in self –defense.

3- The need to give reason at the beginning of the war, in order to inform enemy combatants (including leaders) why they are fighting.

4- Not to start fighting until after the meridian (afternoon), in order to limit the duration of the fight as well as providing the opportunity to those who want to leave the fight without shame.

5- Humane treatment of prisoners, and not merely stopping to act aggressively towards him.

On the other hand most distinguishing principles of Islamic Sharia regarding fighting against Muslims are : 1- Not to start fight and exclusively try to illustrate the arguments, and let the other Muslim enemy start the war.

2- Not to chase the fugitive from the fight, except the one who swerved [as a strategy] for war or for the sake of joining his company.

3- Not to enter the house where the defeated fighters hide without the permission of the commander in chief.

4- Not to prevent the enemy from reaching water.

5- Not to take spoils of war except for tools of war.

All of these issues are problematic.

These religious rules obligated Muslims and held them accountable for violating them in front of judiciary and God in the afterlife, and they are not conventional rules (nor subject to give and take).

As for the second part of the principles concerning the fight between Muslims themselves ; it could allow further agreements with non-Muslims on the basis of reciprocity.

In this case Muslims are bounded to their promises otherwise they will be subjected to Islamic judiciary sanctions as well as to the accounts of the afterlife.

نوع البيانات

أوراق مؤتمرات

رقم السجل

BIM-774164

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• AMA