الأسس الإنسانية الأساسية التي تحكم حالة الحرب بين القانون الدولي و الفقه الإسلامي: دراسة مقارنة

الملخص EN

This study aims to reveal the major Islamic principles that govern the state of war in Islam compared to international law while highlighting the practical aspect of these principles.

For this purpose, the study was based primarily on the analytical descriptive approach to trace and analyze these principles in Qur'ānic texts, Prophetic Sunnah, and the deeds of the righteous caliphates.

The study showed, from an Islamic perspective, war is run in accordance with rules that constitute an ethical framework, which keeps balance between war necessities and human considerations.

Therefore, Islam has been concerned about ease of the consequences of using force through restricting the Islamic state to a group of principles including: respect of humanity, distinction between civilian and combatants, proportionality of using force and not to exceed military necessity